Counterclaim Complaint Form

Counterclaim Complaint Form

Court:    County:    Case No.:

Plaintiff:    v.    Defendant:

Counterclaimant:    Counterdefendant:

Recitals

WHEREAS, Plaintiff initiated an action in this Court alleging claims against Defendant as set forth in Plaintiff's complaint filed on ; and

WHEREAS, Counterclaimant asserts that Counterdefendant committed actionable conduct arising out of the same transaction or occurrence and that affirmative relief is proper by way of counterclaim as provided by law; and

WHEREAS, Counterclaimant seeks compensatory and other relief as further described below.

NOW THEREFORE

Counterclaimant, by filing this Counterclaim Complaint, alleges against Counterdefendant as follows:

1. Jurisdiction and Venue

1.1 This Court has subject-matter jurisdiction over the counterclaim pursuant to applicable statutes and rules because the counterclaim arises from the same transaction or occurrence as the original complaint and presents claims that are properly joined with the pending action.

1.2 Venue is proper in this Court because the events giving rise to the counterclaim occurred in this county and because the original action was filed in this judicial district.

2. Parties

2.1 Counterclaimant is an individual or entity described as: with primary address at .

2.2 Counterdefendant is an individual or entity described as: with primary address at .

3. Background Facts

Key event date(s): . Additional relevant period:

4. Causes of Action

COUNT I — Breach of Contract. Counterclaimant realleges the foregoing paragraphs and alleges that Counterdefendant breached a contractual obligation by failing to perform the following covenant or obligation: . Counterclaimant has performed all conditions precedent or they have been excused.

COUNT II — Negligence. Counterclaimant realleges the foregoing paragraphs and alleges that Counterdefendant owed a duty of care, breached that duty by the following acts or omissions: , and that such breach proximately caused damages to Counterclaimant.

COUNT III — Unjust Enrichment / Restitution. Counterclaimant realleges the foregoing paragraphs and alleges that Counterdefendant received benefits at Counterclaimant's expense under circumstances that make it inequitable for Counterdefendant to retain such benefits without restitution in the amount of: $ .

5. Damages and Relief

Pre-judgment interest sought at the rate of: from .

Counterclaimant also seeks recovery of reasonable attorneys' fees and costs to the extent permitted by contract or statute.

6. Jury Demand and Election of Remedies

Plaintiff requests a trial by jury as to all claims triable by jury: Yes

7. Verification

I, the undersigned, declare under penalty of perjury under the laws of the jurisdiction in which this action is filed that the foregoing is true and correct to the best of my knowledge and belief.

Notices

All notices or communications required or permitted under this Counterclaim shall be in writing and shall be deemed given when personally delivered or sent by registered mail, return receipt requested, to the addresses set forth below or to counsel of record.

Amendments; Waiver

Any amendment to this Counterclaim shall be in writing and signed by the party to be bound. No waiver by any party of any breach or default shall be deemed a waiver of any subsequent breach or default.

Governing Law; Severability; Entire Agreement

This Counterclaim shall be governed by and construed in accordance with the laws of the state where the Court is located, without regard to conflicts of law principles. If any provision of this pleading is held invalid, illegal or unenforceable, the remainder shall continue in full force and effect. This instrument constitutes the entire pleading of Counterclaimant with respect to the claims asserted herein.

Prayer for Relief

WHEREFORE, Counterclaimant requests that the Court enter judgment in favor of Counterclaimant and against Counterdefendant as follows:

1. Award compensatory damages in an amount proven at trial and as specified above;
2. Order restitution or disgorgement of unjust enrichment;
3. Award pre-judgment and post-judgment interest, costs, and reasonable attorneys' fees to the extent allowed by law or contract;
4. Grant such other and further relief as the Court deems just and proper.

Attorney of Record (if applicable)

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