Complaint for Assault and Battery

COMPLAINT FOR INTENTIONAL AND NEGLIGENT EMOTIONAL DISTRESS

State Bar No:

Attorney for (Or "In Pro Per")

V

COMPLAINT FOR INTENTIONAL AND NEGLIGENT EMOTIONAL DISTRESS

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(Intentional Infliction of Emotional Distress against )

I.

Defendant is and at all times herein mentioned was a resident of the City of , State of California.

II.

Defendant is and at all times herein mentioned, was a Corporation organized and existing under the laws of the State of California with principle offices located at in the City of , County of .

III.

Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained.

IV.

Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.

V.

VI.

VII.

[---Allege intent to cause emotional distress, e.g., Defendant 's conduct was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish, and emotional and physical distress.----]

VIII.

As a proximate result of defendant's ,

IX.

As a further proximate result of defendant and the consequences proximately caused by it, as here in above alleged, plaintiff suffered severe humiliation, mental anguish, and emotional and physical distress, and has been injured in mind and body as follows: , all to damage in the sum of $.

X.

FIRST CAUSE OF ACTION

(Negligent Infliction of Emotional Distress against )

XI.

XII.

Defendant knew, or should have known, that failure to exercise due care in the performance of would cause plaintiff severe emotional distress.

XIII.

XIV.

As a proximate result of defendant's ,

XV.

As a further proximate result of defendant and the consequences proximately caused by it, as here in above alleged, plaintiff suffered severe emotional distress and mental suffering, all to damage in the sum of $.

XVI.

WHEREFORE, plaintiff prays judgment against defendant as follows:

• For general damages for severe emotional distress and mental suffering in the sum of $;
• [---For medical and related expenses in the sum of $ [---or according to proof---];
• [---For lost wages in the sum of $ ---];
• [---For ---]
• For costs of suit herein incurred; and
• For such other and further relief as the court may deem 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.