Fill and Sign the Complaint Damages Form

IN THE ____________________________ (Name of Court) COURT OF _______________________ (Name of County), _______________________ (Name of State) ______________________ _____ ______ (Name of Minor) , PLAINTIFF a Minor by ________________________________ (Name of Parent), as Guardian, and _________________________________ (Name of Parent) , individually V. CAUSE NO. _________,_________ __________________________________ DEFENDANTS __________________________________ COMPLAINT COMES NOW _______________________________________ (Names of Plaintiffs) , Plaintiffs in the above-styled and numbered cause, by and through their attorney, and files this their Complaint against Defendant, _______________________________________ (Name of Defendant) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff Parent/Guardian is an adult resident citizen of ___________________________ __________________________________________ (city, county, state) , who brings this action on behalf of ______________________________ (Name of Minor) , his son, a minor. _____________________________________ (Name of Minor) , resides at _________________ _____________________________________________________________________________ (street address, city, county, state, zip code) . 2. (Name of Defendant School) is a nonprofit corporation duly organized and existing under the laws of the State of (Name of State), located in (Name of County), and may be served with process by serving (Name of Corporate Official and Office) at (street address, city, county, state, zip code) . 3. _____________________________________ (Name of Defendant Headmaster) is an adult resident citizen of __________________________________________________________ ( city, county, state) . 4. _________________________________ (Name of Teacher) is an adult resident citizen of __________________________________________________________ (city, county, state) . 5. At all material times ______________________________ (Name of Minor) , referred to below as Minor ____________________________ (may want to use child’s first name) was a minor, _______ (number) years of age. 6. Minor entered ____________________________________________ (Name of School) , one of the Defendants herein, after (describe series of events that lead to going to school here) _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________. 7. The reason ______________________________________ ( Name of Parent/Guardian) , hereinafter called Parent/Guardian , chose to send Minor to said school was its representation that it specialized in Differentiated Instruction. Differentiated Instruction has been defined and explained in following manner. “Not all students are alike. Based on this knowledge, differentiated instruction applies an approach to teaching and learning so that students have multiple options for taking in information and making sense of ideas. The model of differentiated instruction requires teachers to be flexible in their approach to teaching and adjusting the curriculum and presentation of information to learners rather than expecting students to modify themselves for the curriculum. Classroom teaching is a blend of whole-class, group and individual instruction. Differentiated Instruction is a teaching theory based on the premise that instructional approaches should vary and be adapted in relation to individual and diverse students in classrooms. 1 “To differentiate instruction is to recognize students varying background knowledge, readiness, language, preferences in learning, interests, and to react responsively. Differentiated instruction is a process to approach teaching and learning for students of differing abilities in the same class. The intent of differentiating instruction is to maximize each student’s growth and individual success by meeting each student where he or she is, and assisting in the learning process.” 2 8. Defendant School, by and through its agents, advertised to the public and specifically promised and represented to Parent/Guardian that Minor would receive this kind of education and instruction. As used herein, the word public means (define public by describing the area covered by these false ads and representations) ______________________________________ _____________________________________________________________________________. 1 Differentiated Instruction by Tracey Hall, Ph.D., Senior Research Scientist, NCAC , http://www.cast.org/publications/ncac/ncac_diffinstruc.html 2 Id Parent/Guardian relied on this promise and representations to him and to the public. Without this promise and said representations Parent/Guardian would not have enrolled Minor in Defendant School. 9. Contrary to the above-mentioned promise and later assurances by Defendant School that Minor would receive this kind of education, Defendant School, by and through its agents, Defendant Headmaster and Defendant Teacher, refused to offer such an education to Minor and conspired to keep that fact from Parent/Guardian. 10. Defendant School, by and through its agents, did such advertising and gave such promises and assurances to Parent/Guardian and to the public, knowing that such an education was not being given to students and would not be given to Minor . Defendant School, by and through its agents, made such false promises and representations, and conspired to make such false representation, with the intent on deceiving the Parent/Guardian and the public. 11. The actions of Defendant School constituted a breach of contract with Parent/Guardian, fraud, fraud in the inducement and conspiracy in violation of the Racketeer Influenced and Corruption Organizations Act (RICO) of the state of (identify state) ___________________. 12. As a direct and proximate result of the above-mentioned fraud and misrepresentations, and breach of contract, both Parent/Guardian and Minor suffered mental pain and injury, mental anguish, and emotional distress. 13 . As a direct and proximate result of the above-mentioned fraud and misrepresentations, Neither Minor nor Parent/Guardian received the benefits of said promises and representation and lost any benefit of the tuition he paid to Defendant School in amount of $_____________. Therefore, Plaintiff demands that this Court grant judgment against each Defendant, jointly and severally, for compensatory damages of $____________ and punitive damages of $____________ plus interest from the date of judgment, the costs of this action, and such other relief as the Court deems just. Respectfully submitted, __________________________________ (Names of Plaintiffs) By: ____________________________________ _______________________________________ (Name & Signature of Plaintiffs’’ Attorney) State Bar No. __________________ Plaintiffs’ Attorney OF COUNSEL: ____________________________ (Name of Plaintiffs’ Attorney) Post Office Box _____________ _____________________________________ City, State, Zip Code Telephone: _________________________