Legal Amended Complaint

AMENDED COMPLAINT

Court Name:   Division/County:

Case Number:   Judge:

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

RECITALS

WHEREAS, Plaintiff commenced an action in this Court on , which is identified by the above case number; and

WHEREAS, Plaintiff alleges that Defendant entered into a written or implied agreement entitled: on or about ; and

WHEREAS, Plaintiff seeks to amend the original pleading to add, clarify, and strengthen allegations and claims set forth below.

NOW THEREFORE, Plaintiff amends the complaint as follows.

1. PARTIES

1.1 Plaintiff is an individual/corporation/organization (select applicable): Individual Entity

1.2 Defendant is an individual/corporation/organization (select applicable): Individual Entity

2. JURISDICTION AND VENUE

2.1 This Court has subject matter jurisdiction over the claims asserted herein on the following basis (select all that apply): Federal question Diversity of citizenship State law claim

2.2 Venue is proper in this Court because the events giving rise to the claims occurred within this judicial district and the Defendant resides or conducts business here.

3. FACTUAL ALLEGATIONS

3.1 Summary of material facts supporting Plaintiff’s claims (set forth specific acts, dates, and locations):

3.2 Plaintiff performed all conditions precedent required by law or by the contract, or such conditions have been waived or excused.

4. CLAIMS FOR RELIEF

Count I — Breach of Contract

4.1 Plaintiff realleges and incorporates by reference the preceding paragraphs. On or about , Plaintiff and Defendant entered into a contract that established mutual obligations. The material terms included: .

4.2 Defendant breached the contract by . As a direct and proximate result, Plaintiff suffered damages in the amount of , plus interest and costs.

Count II — Negligence

4.3 Plaintiff realleges and incorporates by reference the preceding paragraphs. Defendant owed Plaintiff a duty of care to . Defendant breached that duty by , which proximately caused the injuries and damages described in the factual allegations above.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and grant the following relief:

1. Compensatory damages in the amount of:
2. Pre-judgment and post-judgment interest at the lawful rate;
3. Costs of suit and reasonable attorney’s fees as permitted by contract or statute;
4. Such other and further relief as the Court deems just and proper.

Plaintiff demands a jury trial on all issues so triable:

6. NOTICES

7. CERTIFICATE OF SERVICE

I certify that on a true and correct copy of this Amended Complaint was served by the following method(s): Mail Hand Delivery Electronic Service

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

8.1 Governing Law. This pleading and any rights or obligations arising hereunder shall be governed by and construed in accordance with the substantive law of the state in which this Court sits, without regard to its conflict of law principles, except to the extent federal law provides otherwise.

8.2 Entire Agreement. This Amended Complaint, together with any exhibits or attachments, constitutes the complete statement of Plaintiff’s claims and replaces and supersedes prior inconsistent allegations only to the extent expressly amended herein.

8.3 Severability. If any provision of this pleading or any claim is held invalid or unenforceable, the remaining provisions and claims shall remain in full force and effect.

9. AMENDMENTS; WAIVER; COUNTERPARTS

9.1 Plaintiff reserves the right to amend this pleading further as additional information becomes available. No failure or delay by Plaintiff to exercise any right or remedy shall operate as a waiver of that right or remedy.

9.2 This Amended Complaint may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

10. VERIFICATION

I, , declare under penalty of perjury under the laws of the United States and the State in which this Court is located that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on: .

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