Legal Petition Package

LEGAL PETITION PACKAGE

Court:   County:   Case No.:

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

RECITALS

WHEREAS, Petitioner is an individual or entity located at the address set forth above and asserts claims arising from the facts described below; and

WHEREAS, Respondent is an individual or entity located at the address set forth above and is the party against whom relief is sought; and

WHEREAS, the facts giving rise to this Petition occurred on or about , and Petitioner seeks declaratory and injunctive relief and such other relief as the Court deems just and proper.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth below, the parties state as follows:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over the subject matter of this Petition pursuant to the statutes and legal doctrines applicable to the causes of action asserted herein. Venue is proper in this Court because the events giving rise to the claims occurred in this County and one or more parties reside or conduct business in this County.

2. PARTIES

2.1 Petitioner is duly authorized to bring this Petition and, as alleged herein, has suffered harm as a result of Respondent's actions.

2.2 Respondent is and, based on information and belief, can be served at the address set forth above or at its principal place of business.

3. STATEMENT OF FACTS

3.1 The following facts are true and material to the Petition and are stated with the specificity required by applicable rules of civil procedure:

4. CAUSES OF ACTION

Petitioner asserts the following causes of action. Checked causes are asserted; where "Other" is selected, a description is provided.

Breach of Contract Negligence Declaratory Relief Injunctive Relief

Other:

5. PRAYER FOR RELIEF

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

a. For declaratory relief declaring the rights and obligations of the parties under the relevant instruments and law;

b. For injunctive relief enjoining Respondent from ;

c. For compensatory damages in the amount of $, plus consequential damages as proven at trial;

d. For pre- and post-judgment interest, costs of suit, and reasonable attorneys' fees to the extent permitted by law; and

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

6. TEMPORARY AND EMERGENCY RELIEF

6.1 Petitioner seeks emergency relief as follows:

Temporary Restraining Order Preliminary Injunction

7. VERIFICATION

I declare under penalty of perjury under the laws of the jurisdiction of this Court that the foregoing is true and correct to the best of my knowledge, information and belief.

8. NOTICES

9. ATTACHMENTS

The Petitioner submits the following documents with this Petition:

Civil Cover Sheet Summons Declaration in Support Proposed Order Proof of Service Other:

10. MISCELLANEOUS PROVISIONS

10.1 Amendments. This Petition may be amended by Petitioner to add additional facts or causes of action as required by the evidence.

10.2 Waiver. The failure of any party to insist upon strict performance of any provision of this Petition shall not be construed as a waiver of any subsequent default of the same or similar nature.

10.3 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.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Petition shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court sits. This Petition, together with its attachments, constitutes the entire statement of Petitioner’s claims and supersedes all prior statements, negotiations and agreements, whether written or oral, relating to the subject matter hereof. If any provision of this Petition is deemed invalid or unenforceable, the remainder of this Petition shall not be affected and shall remain in full force and effect.

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