Legal Filed Petition

LEGAL FILED PETITION

Court Name:     County:

Case Number:     Assigned Judge:

Petitioner Name: residing at , files this Petition against Respondent Name: , who resides at .

RECITALS

WHEREAS, Petitioner and Respondent have been parties to certain transactions and dealings described herein and Petitioner asserts that Respondent's actions have given rise to legal claims capable of judicial determination.

WHEREAS, on or about , the events giving rise to this Petition occurred, including the matters described in Section 3 below.

WHEREAS, Petitioner seeks declaratory, injunctive, and monetary relief as further set forth in this Petition and pursuant to the jurisdictional and venue bases set forth below.

NOW, THEREFORE, Petitioner respectfully petitions this Court for relief and states as follows:

1. JURISDICTION AND VENUE

1.1 Jurisdiction is proper in this Court because the acts giving rise to the claims occurred within the territorial jurisdiction of this Court and the amount in controversy and subject matter fall within the Court's authority. The statutory and equitable bases for jurisdiction include the court's authority to adjudicate contract, tort, and declaratory claims as asserted herein.

1.2 Venue is proper in this county because Petitioner or Respondent resides here and a substantial part of the events or omissions giving rise to the claim occurred here.

2. PARTIES

3. STATEMENT OF FACTS

3.1 At all relevant times Petitioner performed obligations and complied with duties as reasonably required by the relationship between the parties. Respondent breached duties and obligations by the following acts and omissions:

3.2 The specific dates and circumstances material to the claims include the event on and subsequent communications dated .

4. CAUSES OF ACTION

COUNT I — BREACH OF CONTRACT. Petitioner incorporates the preceding paragraphs and alleges that a valid contract existed between the parties, that Petitioner performed all conditions precedent, that Respondent materially breached the contract by failing to perform as required, and that Petitioner suffered damages as a proximate result of the breach.

COUNT II — NEGLIGENCE. Petitioner alleges that Respondent owed a duty of care, breached that duty by acts or omissions described in Section 3, and that such breach was the proximate cause of Petitioner’s damages.

COUNT III — DECLARATORY RELIEF. Petitioner requests the Court declare the parties’ rights and obligations under the relevant agreements and the law as applied to the facts alleged herein.

5. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays for judgment against Respondent as follows:

a) For compensatory damages in the amount of , or in such other amount as the evidence may show;

b) For prejudgment and postjudgment interest as allowed by law;

c) For injunctive relief in the form of: ;

d) For costs of suit and reasonable attorney's fees to the extent authorized by contract or statute; and

e) For such other and further relief as the Court deems just and proper.

6. ATTORNEY'S FEES AND COSTS

Petitioner is entitled to recover reasonable attorney's fees and costs pursuant to the contract between the parties and applicable law where such recovery is authorized. Petitioner reserves the right to submit a detailed accounting of fees and costs at the time of judgment or as otherwise ordered by the Court.

7. NOTICE AND SERVICE

All notices and process in this action should be served on Petitioner at:

Method of Service: Personal Service    First-class Mail    Email

8. VERIFICATION

I, the undersigned Petitioner or Petitioner’s authorized representative, declare under penalty of perjury under the laws of this jurisdiction that the facts set forth in this Petition are true and correct to the best of my knowledge and belief.

Verification Date:

9. CERTIFICATE OF SERVICE

I certify that on , I served a true and correct copy of this Petition on the Respondent at the address set forth above by the following method(s):

Personal Delivery    Mail    Email

10. MISCELLANEOUS PROVISIONS

Governing Law: This Petition and the rights and obligations asserted herein shall be governed by the substantive law of the state in which this Court sits, without regard to conflicts of law principles that would apply the law of another jurisdiction.

Entire Agreement: This Petition constitutes the complete statement of Petitioner’s claims and remedies sought herein and supersedes any prior pleadings or informal demands to the extent inconsistent with the relief requested.

Severability: If any provision of this Petition is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Petitioner reserves the right to amend this Petition. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

Counterparts: This Petition may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

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