Legal Citation and Complaint

LEGAL CITATION AND COMPLAINT

Court:   Case No.:

Plaintiff:   Defendant:

RECITALS

WHEREAS, Plaintiff is an individual or entity entitled to the protections and remedies under applicable law and is identified above as Plaintiff; and

WHEREAS, Defendant is the person or entity identified above alleged to have committed the acts and omissions set forth herein that give rise to civil liability; and

WHEREAS, Plaintiff seeks the issuance of a legal citation and summons to compel Defendant to answer this Complaint and to pursue relief as authorized by law.

NOW THEREFORE

Plaintiff brings this action against Defendant and alleges as follows.

1. JURISDICTION AND VENUE

1.1 This Court has subject matter jurisdiction over this action pursuant to applicable statutes and the common law because the claims arise from acts and omissions occurring within this Court's territorial jurisdiction and because the amount in controversy exceeds the minimum jurisdictional limits where applicable.

1.2 Venue is proper in this Court because the acts and omissions giving rise to this Complaint occurred in this county and Defendant maintains sufficient contacts or resides within this county.

2. PARTIES

2.1 Plaintiff is: an individual   a business or organization.

2.2 Defendant is: an individual   a business or organization.

3. STATEMENT OF FACTS

3.1 On or about , at or near , Defendant engaged in the following conduct:

3.2 As a direct and proximate result of Defendant's conduct described above, Plaintiff suffered harm, including but not limited to economic loss, emotional distress, and other damages as detailed below.

4. CAUSES OF ACTION

COUNT I — NEGLIGENCE

4.1 Plaintiff realleges and incorporates by reference all preceding paragraphs. Defendant owed Plaintiff a duty to act with reasonable care under the circumstances. Defendant breached that duty by failing to exercise ordinary care when Defendant did the acts or omissions described above. That breach was a proximate cause of Plaintiff's injuries and damages.

COUNT II — BREACH OF CONTRACT (if applicable)

4.2 Plaintiff and Defendant entered into a valid and enforceable agreement on or about . Plaintiff performed all conditions required of Plaintiff. Defendant materially breached the agreement by , causing Plaintiff to suffer damages.

COUNT III — INJUNCTIVE RELIEF (if applicable)

4.3 Plaintiff will suffer irreparable harm in the absence of preliminary and permanent injunctive relief. Plaintiff requests that the Court enjoin Defendant from .

5. DAMAGES AND PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court enter judgment against Defendant as follows:

1. Compensatory damages in an amount to be proven at trial, including economic and non-economic losses; estimated amount: $
2. Punitive or exemplary damages to punish willful or malicious conduct if proven;
3. Pre- and post-judgment interest to the extent allowed by law;
4. Costs of suit and reasonable attorney's fees where authorized by statute or agreement;
5. Injunctive relief as requested above; and
6. Such other and further relief as the Court deems just and proper.

6. LEGAL CITATION / SUMMONS DETAILS

6.1 Citation Issued Date:   Service Deadline:

6.2 Method of service (check all that apply):
Personal service   Certified mail   Publication   Other:

6.3 Process server or issuing party:   Date of service:

7. NOTICES

All notices required or permitted under this Citation and Complaint shall be in writing and shall be deemed delivered when personally delivered or three days after deposit in the United States mail, postage prepaid, to the addresses provided above or to such other address as the party may designate in writing.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

8.1 Governing Law. This Citation and Complaint shall be governed by and construed in accordance with the substantive laws of the state in which the Court is situated, without regard to conflict-of-law principles.

8.2 Entire Agreement. This document constitutes the entire pleading with respect to the claims asserted herein and supersedes all prior written or oral representations or agreements between the parties concerning the subject matter.

8.3 Severability. If any provision of this Citation and Complaint is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

9. AMENDMENTS; WAIVER; COUNTERPARTS

9.1 Amendments. Plaintiff may amend this Complaint as permitted by applicable rules of civil procedure upon leave of the Court or by stipulation of the parties.

9.2 Waiver. Failure to insist upon strict compliance with any term of this Complaint shall not constitute a waiver of such term or any other rights.

9.3 Counterparts. This Complaint may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

10. VERIFICATION

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

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