Fill and Sign the Complaint Regarding Breach of Contract to Divide Estate Proceeds Implied Contract Good Faith and Fair Dealing Promissory Form

- 1 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) COMPLAINT Plaintiff ____________ makes the following Complaint against the Defendants ____________: Jurisdiction1. The Plaintiff, ____________, is a resident of ____________. The claims hereinafter stated arose in whole or part in ____________ County, ____________. 2. The Defendant, ____________, is a resident of ____________, and may be served with process at the above address. 3. The Defendant, ____________, is a ____________ resident who may be served with process at her place of employment ____________. 4. The Defendant, ____________, is a ____________ resident who may be served with process at the above address. - 2 - Facts5. In __________ 20____, the Defendants contracted, for valuable consideration, with Plaintiff to divide equally between the Defendants and the Plaintiff, one fourth (¼) each, all funds coming into the hands of the Defendants by virtue of the disbursement of funds from the Es tate of ____________, deceased. The above-described contract complied fully with the applicable la ws of the State of ____________ and was fully enforceable. 6. The Defendants defaulted in the performance of the terms, conditions and stipulati ons of the above referenced contract. All conditions precedent to the Defendants' obligations were due and owing at the time of default. 7. The breach of this contract by the Defendants was without an arguable basis a nd was accompanied by conduct so willful and so grossly negligent as to constitute an independent tort. 8. As a direct and proximate result of the Defendants' wrongful conduct as described in this Complaint, the Plaintiff has suffered, and continues to suffer, damages. The exact amount of these damages are unknown but are reasonably believed to exceed $40,000.00. The informati on necessary to calculate these damages has been withheld from the Plaint iff by the Defendants. More- over, the Defendants' wrongful conduct constitutes bad faith and involves such willfulne ss and maliciousness that it rises to the level of an independent tort or torts, thus entitling the Plai n- tiff to recover punitive damages from the Defendants. 9. Given the conduct of the Defendants and the pecuniary ability or financial worth of t he Defendants, then $10,000.00 per Defendant is well within the amount reasonably necessary for punishment of the wrongdoing, deterring the Defendants from similar conduct, and to make an example of the Defendants so others may be deterred. - 3 - CLAIMS FOR RELIEF10. A. BREACH OF CONTRACT The Defendants failure to pay to the Plaintiff an equal share of the funds recei ved by them from the Estate of ____________, deceased constitutes a breach of contract, this will ful breach of contract by the Defendants was attended by such malice, insult, and abuse t hat it constitutes an independent tort, thus entitling the Plaintiff to recover punitive damages as we ll as actual damages, which were proximately and foreseeable caused by the Defendants' breach. 11. B. BREACH OF IMPLIED-IN-FACT CONTRACT The Defendants' words to and conduct toward the Plaintiff constituted an implie d promise to pay to the Plaintiff an equal share of all funds received by the Defendants from the Estate of ____________, deceased. The Defendants breached that promise without good cause and in bad faith. The Defendants' promise in this respect was supported by adequate conside ration, including but not limited to continued substantial detrimental reliance, and as a di rect and proximate result of the Defendants' breach, the Plaintiff suffered general damages. The breach by the Defendants of their promise, which was willful or grossly negligent, was attended by such mal ice, insult, and abuse that it constituted an independent tort, thus entitling the Plaintiff t o recover punitive damages as well as actual damages. 12. C. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING The Defendants breached the above described contract for reasons incompatible wi th good faith and fair dealing, as a proximate and foreseeable result of which the Pla intiff suffered damages. The breach of contract was wholly unsupported by any arguable reasons, was willful, ma licious, and in bad faith. 13. D. PROMISSORY ESTOPPEL The Defendant deliberately made promises to the Plaintiff when they expecte d that the Plaintiff would rely on those promises. Those promises were known by the Defendants to have created a reasonable expectation in the Plaintiff that the Plaintiff woul d receive an equal share of all funds paid to the Defendants by the Estate of ____________. The Plaintiff relied to her s ubstantial - 4 - detriment upon those promises. Injustice can only be prevented by enforcing the Defendants' promises. The Defendants' breach of their promises and assurances proximately ca used the damages previously described in the Complaint, said damages were foreseeable and the Defendants' conduct causing these damages was attended by malice, willfulness, insul t, and abuse, thus entitling the Plaintiff to recover punitive as well as actual damages. 14. E. INTENTIONAL INFLICTION OF EMOTIONAL UPSET The Defendants' unlawful conduct as previously described in this Complaint, was known to the Defendants to be likely to produce emotional distress in the Plaintiff, a nd it did in fact produce emotional distress in the Plaintiff. As a direct and proximate result of t he Defendants' unlawful conduct the Plaintiff has suffered emotional distress and emotional damage of a t least $10,000.00 The Defendants' conduct as previously described was outrageous, wholly without legal or factual justification, was malicious and wanton, and thus entitles the Plaintiff to recover actual and punitive damages as previously described. RELIEF Plaintiff prays for a judgment providing the following relief: 1. For breach of contract and the implied covenant of good faith and fair dealing: a judgment of this Court against the Defendants, awarding the Plaintiff one fourth (¼) of all funds received by the Defendants from the Estate of ____________, deceased, along with prejudgment and postjudgment interest thereon, the sum of which is uncertain at this time , but which the Plaintiff believes to be in excess of $40,000.00 and further awarding Plaintiff $5,000.00 in punitive damages from each defendant. The Plaintiff further prays that the Defendant be required to pay the costs of this action and reasonable attorneys' fees in the amount of $10,000.00. 2. For the remaining claim of intentional infliction of emotional distress: a judgment of this Court awarding to the Plaintiff actual damages sustained as a result of t he wrongful conduct of the Defendant in the amount of at least $10,000.00 actual damages and further awarding Pl aintiff $5,000.00 punitive damages from each defendant, together with reasonable attorneys' fees and costs. 3. Such other and further relief to which the Plaintiff may be justly entitled. Respectfully submitted, _________________________By: - 5 - _______________________ Her Attorney OF COUNSEL:________________________