Legal Full Petition

LEGAL FULL PETITION

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Court:   Case Number:   Date of Filing:

RECITALS

WHEREAS, Petitioner is a natural person or legal entity that alleges it suffered harm as set forth below and seeks judicial relief against Respondent for the claims asserted herein; and

WHEREAS, Respondent is alleged to have engaged in acts or omissions within the jurisdiction of the Court during the time period commencing on or about and continuing through ; and

WHEREAS, the parties desire that the Court adjudicate the claims, award damages, and issue such relief as set forth in this Petition.

NOW, THEREFORE, Petitioner files this Petition and alleges as follows:

1. JURISDICTION AND VENUE

1.1 The Court has subject-matter jurisdiction over this action pursuant to the applicable statutory and common law standards because the claims arise from events occurring in this jurisdiction and involve parties whose contacts with this forum are sufficient to sustain jurisdiction.

1.2 Personal jurisdiction is proper because Respondent purposefully availed itself of the benefits and protections of this forum by conducting business and committing the acts alleged herein.

1.3 Venue is proper in this Court because a substantial portion of the events giving rise to these claims occurred within this judicial district.

2. PARTIES

2.1 Petitioner: . Petitioner is domiciled at .

2.2 Respondent: . Respondent may be served at .

3. FACTUAL ALLEGATIONS

3.1 On or about , Petitioner and Respondent engaged in the transaction or interaction described as follows:

3.2 Petitioner timely performed all obligations required of Petitioner, or was excused from performance, and gave Respondent notice of the claims set forth herein as required by applicable law.

4. CLAIMS FOR RELIEF

COUNT I — BREACH OF CONTRACT

4.1 Petitioner incorporates by reference the foregoing paragraphs. Petitioner alleges that a valid contract existed between the parties, consisting of the agreement described above. Respondent materially breached the contract by failing to .

4.2 As a direct and proximate result of Respondent’s breach, Petitioner has incurred damages in the amount of , plus interest, costs, and attorneys’ fees where authorized by contract or statute.

COUNT II — NEGLIGENCE (TORT)

4.3 Petitioner incorporates by reference the foregoing paragraphs. Respondent owed Petitioner a duty of care by virtue of and breached that duty by .

4.4 The breach was the proximate cause of Petitioner’s damages, including economic loss of and non-economic loss in an amount to be proven at trial.

5. DAMAGES AND RELIEF

5.1 Petitioner seeks compensatory damages in an amount to be established at trial and as specifically alleged above, together with pre-judgment and post-judgment interest, costs of suit, and reasonable attorneys’ fees to the extent permitted by law.

5.2 Petitioner also seeks any equitable relief the Court deems just and proper, including injunctive relief to prevent further unlawful conduct by Respondent.

6. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter judgment in favor of Petitioner and against Respondent as follows:

(a) Award compensatory damages in an amount to be determined at trial;
(b) Award prejudgment and post-judgment interest as allowed by law;
(c) Award costs of suit and reasonable attorneys’ fees where authorized;
(d) Grant injunctive or other equitable relief as the Court deems appropriate; and
(e) Grant such other and further relief as the Court deems just and proper.

7. VERIFICATION

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

Declarant Printed Name

Declarant Title/Capacity

8. CERTIFICATE OF SERVICE

I hereby certify that on , a true and correct copy of this Petition was served on the following parties in the manner indicated below.

Service Method:  Mail Hand Delivery Email Other

Served To:

9. NOTICES

All notices required or permitted under this Petition shall be in writing and shall be delivered to the addresses below:

Petitioner or Counsel for Petitioner

Respondent or Counsel for Respondent

10. MISCELLANEOUS PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the state of , without regard to its conflicts of law principles.

Entire Agreement: This Petition, together with any exhibits and attachments, constitutes the entire document setting forth Petitioner’s claims and supersedes all prior agreements, understandings, and representations, whether oral or written, to the extent they relate to the subject matter hereof.

Severability: If any provision of this Petition is held to be invalid or unenforceable, the remainder of the Petition shall remain in full force and effect, and the invalid provision shall be construed or reformed to reflect the parties’ intent.

Amendments and Waiver: No amendment, modification, or waiver of any provision of this Petition will be effective unless in writing and signed by the party against whom enforcement is sought. No waiver by any party of any breach shall constitute a waiver of any other breach.

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

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