Complaint for Assault and Battery

COMPLAINT FOR ASSAULT AND BATTERY

(Name, Address Of Party or attorney)

State Bar No:

Attorney for (Or "In Pro Per")

COMPLAINT FOR ASSAULT AND BATTERY

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(Battery)

I.

Plaintiff is an individual and is now, and at all times mentioned in this complaint was, a resident of County, California.

II.

Defendant is an individual and is now, and at all times mentioned in this complaint was, a resident of County, California.

III.

On or about , at approximately , plaintiff was in home reading when he heard very loud music. The music was so loud that it disturbed plaintiff's quiet enjoyment of the evening.

IV.

Plaintiff went to the window at the front of home to determine the source of the music, and saw defendant, who is plaintiff's neighbor, and several strangers leaning against defendant's car which was parked in front of plaintiff's home. A large portable stereo, or "boom box" as they are popularly known, sat on the hood of defendant's car and appeared to be the source of the loud music.

V.

Plaintiff walked out to where defendant and companions were standing and politely asked if defendant would lower the volume of the music.

VI.

Defendant refused and plaintiff again asked defendant to turn down the volume or would call the police. Defendant again refused and plaintiff turned and started back toward home.

VII.

Defendant then called plaintiff's name and plaintiff turned and faced defendant.

VIII.

Plaintiff began to back away from defendant, moving toward his front door, when defendant struck plaintiff in the face with fist. Plaintiff returned the blow and plaintiff and defendant battled until they were separated by other persons. During the course of the altercation defendant struck and kicked plaintiff numerous times.

IX.

Defendant intended to cause and did cause a harmful contact with defendant's person.

X.

Plaintiff did not consent to defendant's act.

XI.

As a direct and proximate result of defendant's conduct plaintiff suffered Plaintiff has also suffered extreme mental anguish and physical pain. These injuries have caused plaintiff to suffer general damages in or, if the action is brought in superior court, an amount to be determined by proof at trial].

XII.

As a direct and proximate result of defendant's conduct, plaintiff was required to obtain medical services and treatment in or, if the action is brought in superior court, an amount to be determined by proof at trial]

XIII.

[If applicable, add one of the following allegations, as appropriate]

[EITHER]

As a further direct and proximate result of defendant's conduct, plaintiff was unable to work for a period of and, accordingly, lost wages in or, if the action is brought in superior court, an amount to be determined by proof at trial].

[OR]

As a further direct and proximate result of defendant's conduct, plaintiff has been, and continues to be, unable to work since the events described in this complaint and has suffered a loss of earnings in an amount which has not yet been determined, but which will be added by amendment when it is ascertained.

XIV.

Defendant's act was done knowingly, willfully, and with malicious intent, and plaintiff is entitled to punitive damages in an amount to be determined by proof at trial.

SECOND CAUSE OF ACTION

(Assault)

XV.

Plaintiff incorporates by reference paragraphs 1-7 inclusive, and paragraphs 11-14, inclusive, of the First Cause of Action as if fully set forth.

XVI.

Defendant intended to cause and did cause plaintiff to suffer apprehension of an immediate harmful contact.

WHEREFORE, plaintiff demands judgment against defendant, as follows:

General damages in or an amount to be determined by proof at trial];

Medical and related expenses in or an amount to be determined by proof at trial];

Past and future lost earnings in or an amount to be determined by proof at trial];

Impairment of earning capacity in or an amount to be determined by proof at trial];

Punitive damages;

Costs of this action;

Any other and further relief that the court considers proper.

VERIFICATION

I, am a in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at , California.