Fill and Sign the Abc Day Camps Inc Form

JOHN LAWYER, ESQ. 12 MAIN STREET ANYWHERE, USA Attorneys for Plaintiff____________________________ JOHN DOE,Plaintiff, v. ABC DAY CAMPS, INC., AND JOHN SMITH Defendant. ______________________________ SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION [insert] COUNTY DOCKET NUMBER: VERIFIED COMPLAINT WITH DESIGNATION OF TRIAL COUNSEL Plaintiff, maintaining his principal place of residence at [insert address], by way of complaint against the defendants says: THE PARTIES 1. Plaintiff is a United States Citizen domiciled in the State of [insert] and is a resident of [insert] County. 2. Defendant ABC Day Camps, Inc., is a New Jersey corporation having its principal place of business at [insert address]. 3. Defendant John Smith is, upon information and belief, a United States Citizen domicile d in the State of New Jersey and is also a resident of [insert] County. Defendant Smith, upon information and belief, maintains a principal place of residence at [insert address] THE FRANCHISE AGREEMENT 4. On or about [insert], plaintiff and defendants entered into a ฀Licensor/Licensee Agreement ฀ (hereinafter ฀Agreement ฀) which provided that defendants would franchise to plaintiff the rights to operate a day camp in [insert place] 5. Previously, the parties had entered into other similar agreements governing their relationship to the operation of a day camp. 6. The parties ฀ working relationship began in [insert]. 7. Pursuant to the Agreement plaintiff was given the right to operate his day camp under the name ฀[insert], ฀ which had been given trademark protection. 8. Plaintiff was also given extensive training and materials relating to the running of a comprehensive ฀System ฀ as to the operation of a day camp. Defendants also agreed to establish, or help plaintiff establish, virtually every aspect of the necessary operati ons relating to a day camp. 9. Plaintiff was also permitted to advertise to the public that he was affilia ted with defendants. 10. The franchise given to plaintiff was exclusive and pursuant to the Agreement, defendants were not permitted to grant a franchise to a similar business or any other individual or corporation. 11. In exchange for defendants ฀ services, plaintiff agreed to abide by defendants ฀ rules and regulations, use his best efforts to solicit business and effectively run the camp. 12. The Agreement also provided that plaintiff would be required to advertise, mainta in insurance, and indemnify defendants. 13. The term of the Agreement was for a period of three years. 14. During the first year of the Agreement plaintiff was to pay to defendants a fee of $[insert], which he did. 15. The fee to be paid to defendants in the second year of the Agreement was $[insert] a nd for the third year, the fee would be $[insert]. 16. Defendants were given the authority to approve all standards of operation, accounting methods, personnel decisions, and the use and purchase of supplies. 17. Defendants were also given the right to enter upon plaintiff ฀s business premises to inspect and examine the camp ฀s operation. 18. The Agreement also provided that it could be terminated by defendants in the event of a breach of the Agreement, if a certain amount of sales did not occur, for plaintiff ฀s lack of supervision of the camp, or, upon plaintiff ฀s conviction of a crime. 19. The Agreement provided, in the case of defendants seeking to terminate the Agreement for the breach of same, that ten days notice would be given to plaintiff. 20. Finally, pursuant to the Agreement, the parties stipulated that any disputes would be litigated in the Superior Court of New Jersey, Monmouth County, and that New Jersey law applied to any such litigation. THE OUSTER 21. [Insert facts] COUNT ONE - FRANCHISE PRACTICES ACT 22. The relationship between the parties constituted a ฀franchise ฀ in accordance with New Jersey ฀s Franchise Practices Act (NJFPA), which is codified at N.J.S.A. 56:10-1 et seq., and more particularly in accordance with N.J.S.A. 56:10-3(a). 23. Defendants ฀ actions in unilaterally terminating the franchise relationship between the parties with no notice to plaintiff whatsoever violated the NJFPA and more particularl y, N.J.S.A. 56:10-5, which requires at minimum a 60 day notice of termination. 24. Furthermore, the Agreement and defendants ฀ actions in terminating the Agreement with no notice and for baseless reasons violates N.J.S.A. 56:10-7(e) which bars the imposition of unreasonable standards of performance upon franchisees. 25. Furthermore, the unilateral and sudden termination of the Agreement by defendants did not constitute ฀good cause ฀ for the termination of a franchise as required under the NJFPA. 26. The actions and/or conduct of the defendants have proximately caused damage to plaintiff which includes, but is not limited to, a frustration and interference with the use and operation of plaintiff ฀s business property and lost profits. 27. The NJFPA provides that franchisees may bring an action in the Superior Court of New Jersey seeking injunctive relief as well as monetary damages and successful applic ants are entitled to costs and reasonable attorney ฀s fees. 28. Plaintiff can successfully prove a violation of the NJFPA and therefore is entitled to injunctive relief permitting him to regain possession and control of his business and also, monetary damages for lost profits, costs, and counsel fees. COUNT TWO - COMMON LAW EJECTMENT 29. Plaintiff repeats the allegations of the prior 32 paragraphs as if they were fully se t forth herein. 30. The defendants have no possessory interest, right or entitlement to use or occupy plaintiff ฀s day camp. 31. However, despite having no entitlement or right to use or occupy plaintiff ฀s place of business, defendants have resorted to unlawful self-help in doing so. 32. The defendants ฀ occupancy and possession of plaintiff ฀s place of business is subject to ejectment. COUNT THREE - UNJUST ENRICHMENT 33. Plaintiff repeats the allegations of the prior 36 paragraphs as if they were fully set forth herein. 34. Through the use and occupancy of plaintiff ฀s business premises without authority or permission, the defendants have been unjustly enriched to the detriment of plaintiff. 35. The actions and/or conduct of the defendants have proximately caused damage to the plaintiff which includes, but is not limited to, a frustration and interference with the use and operation of the plaintiff ฀s business premises. COUNT FOUR - BREACH OF CONTRACT 36. Plaintiff repeats the allegations of the prior 39 paragraphs as if they were fully se t forth herein. 37. The actions and/or conduct of the defendants constitutes an actionable breach of cont ract since defendants, without authority or justification, unilaterally terminated a lawful contract between the parties. 38. As a result of said breach, which was proximately caused by the defendants, plaintiff has been damaged. COUNT FIVE TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS 39. Plaintiff repeats the allegations of the prior 42 paragraphs as if they were fully se t forth herein. 40. The actions of defendants constitute a tortious interference with contract, including prospective relations, between plaintiff and his current and future customers. 41. Additionally, plaintiff has leased the land upon which the day camp is found. Sai d lease is between plaintiff and a third party who is not a party to this action. 42. As a result of said action and/or conduct on the part of defendants, plaintiff฀s contractual relations have been interfered with including those prospective relations which plainti ff reasonably assumed he would enter into by the nature of his day camp business. COUNT SIX BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 43. Plaintiff repeats the allegations of the prior 46 paragraphs as if they were fully se t forth herein. 44. By operation of law, every contract in the State of New Jersey has an implied covenant of good faith and fair dealing. 45. The Agreement executed between the parties, as being a contract constructed a nd enforced under the laws of the State of New Jersey, also has an implied obligation of good faith and fair dealing. 46. Through their actions, defendants have violated the implied covenant of good faith and fair dealing which was contained in the parties ฀ Agreement. COUNT SEVEN CONSUMER FRAUD ACT 47. Plaintiff repeats the allegations of the prior 51 paragraphs as if they were fully se t forth herein. 48. The franchise relationship between the parties is subject to New Jersey ฀s Consumer Fraud Act (NJCFA) which is codified at N.J.S.A. 56:8-1 et seq. 49. The NJCFA prohibits ฀unconscionable commercial practices ฀ with respect to the sale or advertisement of any merchandise, with the term ฀merchandise ฀ including any services offered directly or indirectly to the public. 50. Plaintiff is a ฀consumer ฀ within the meaning of the NJCFA and is therefore entitled to the protections of that law. 51. Defendants ฀ actions in unilaterally, and without basis or warning or notice, in terminating the franchise Agreement between the parties, constituted an unconscionable commercial practice within the ambit of the NJCFA. 52. As a result of defendants ฀ violation of the NJCFA, defendants are liable to plaintiff for attorney ฀s fees and costs attendant to this action. 53. Additionally, plaintiff has suffered an ascertainable loss of moneys and/or property as a result of the unlawful consumer fraud and therefore, defendants are liable for treble damages. COUNT EIGHT CIVIL ASSAULT 54. Plaintiff repeats the allegations of the prior 58 paragraphs as if they were fully se t forth herein. 55. Defendant [insert name] actions in threatening plaintiff with trespass charges and informing him of others coming to the property to keep plaintiff from entering his business premises and to keep order left plaintiff in imminent fear of bodily harm. 56. Such actions constitute a civil assault and render defendant Smith liable for damages, both compensatory and punitive. COUNT NINE ฀ TRESPASS 57. Plaintiff repeats the allegations of the prior 61 paragraphs as if they were fully se t forth herein. 58. Defendants, without permission, authority, justification, or lawful reason, have taken possession and occupancy of land which is rightfully the property of plaintiff. 59. Said conduct constitutes a trespass to plaintiff ฀s land. 60. As a result of said trespass plaintiff has been damaged. WHEREFORE , plaintiff demands relief as follows: a. Injunctive relief ejecting and removing defendants from the occupancy, use and operati on of plaintiff ฀s day camp located in [insert]. b. Injunctive relief commanding defendants to immediately account for all profits, procee ds, and money received since plaintiff ฀s unlawful and unjustified removal from his business premises on [insert date]. c. Barring defendants, their agents, representatives, agents, or employees from having any further contact with plaintiff, his employees, representatives, agents or employees, or, customers, pending further order of this court; d. Barring defendants, their agents, representatives, agents, or employees from having any further contact with any third party doing business or leasing property to plaintiff for the operation of his day camp business; e. For compensatory damages; f. For lost profits; g. For treble damages; h. For attorney฀s fees and costs attendant with this action; i. For punitive damages; and j. For any other relief which this court deems is just. _________________________________ JOHN LAWYER Dated: DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, John Lawyer, Esq., is hereby designated as trial counsel in the within matter. CERTIFICATION Pursuant to Rule 4:5-1, I hereby certify that the matter in controversy is not the subjec t of any other action pending in any court or a pending arbitration proceeding; and further that no other action or arbitration proceeding is contemplated; and further that there are no other parties who should be joined in this action. I hereby certify that the foregoing statements made by me are true. I am aware tha t if any of the above statements are willfully false, I am subject to punishment. _________________________________ Dated: JOHN LAWYER VERIFICATION I, JOHN DOE, do hereby verify that: 1. I am the plaintiff in the foregoing Complaint. 2. The allegations of the Complaint are true to the best of my knowledge, informati on and belief. 3. The Complaint is made in truth and in good faith. 4. To the best of my knowledge and belief, this matter in controversy is not the subje ct of any other action pending in any Court or of a pending arbitration proceeding, nor is any such proceeding contemplated at this time. 5. To the best of my knowledge and belief, there are no other parties who must be joine d in this action. 6. I certify that the foregoing statements made by me are true. I am aware tha t if any of the foregoing statements made by me are willfully false, I am subject to punishment. ___________________________ JOHN DOE Dated: