Legal Petition to Enforce

LEGAL PETITION TO ENFORCE

Court:   Case No.:   Division/Department:

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Recitals

WHEREAS, Petitioner commenced the above-captioned action by filing a complaint on or about asserting claims arising from contractual or statutory obligations alleged herein;

WHEREAS, Respondent has failed to comply with the terms of the order, judgment, settlement, or statutory duty described in Exhibit A attached hereto and incorporated by reference, and the noncompliance is continuing and causes irreparable harm to Petitioner;

WHEREAS, Petitioner has attempted to obtain voluntary compliance through notice and demand but Respondent has not cured the violation within a reasonable time;

Now, Therefore

NOW THEREFORE, Petitioner respectfully petitions this Court to exercise its authority to enforce the order, judgment, or obligation and to grant the relief set forth below.

1. Jurisdiction and Venue

Petitioner alleges that this Court has subject matter jurisdiction and personal jurisdiction over the parties and that venue is proper in this Court because the events giving rise to enforcement occurred within this jurisdiction or as otherwise provided by law.

2. Statement of Facts

3. Legal Basis for Enforcement

Petitioner relies upon the underlying order or judgment described in Exhibit A, and applicable statutes, rules of civil procedure, and common law principles permitting this Court to compel compliance, impose sanctions, award injunctive relief, and order payment of damages, costs, and attorney fees to effectuate compliance.

4. Relief Requested

Petitioner requests that the Court grant the following relief:

1. An order directing Respondent to comply immediately with the terms of the order, judgment, contract, or statutory duty identified in Exhibit A;
2. A mandatory injunction requiring the performance described in Exhibit A and prohibiting further violations;
3. Monetary judgment for damages in the amount of $ , together with pre- and post-judgment interest as allowed by law;
4. An award of costs and reasonable attorney's fees to Petitioner; and
5. Any other relief the Court deems just and proper to effectuate enforcement and prevent recurrence.

5. Temporary or Emergency Relief

Petitioner requests that the Court issue temporary or emergency relief pending final adjudication, including but not limited to a temporary restraining order or preliminary injunction, where the evidence demonstrates a substantial likelihood of success on the merits and imminent, irreparable harm to Petitioner.

Request provisional relief now? Yes

6. Bond or Security

If the Court conditions injunctive relief on the posting of a bond or other security, Petitioner proposes that the amount and terms be set at or such other amount as the Court deems appropriate under the circumstances.

7. Costs, Fees and Sanctions

Petitioner requests an award of all costs incurred in bringing this Petition, including reasonable attorney's fees, and such sanctions as the Court determines are appropriate to deter future noncompliance by Respondent.

8. Evidence and Exhibits

The following exhibits are submitted in support of this Petition:

Exhibit A (Order/Judgment/Agreement):

Exhibit B (Communications / Notices):

9. Notice

All notices required or permitted under this Petition shall be sent to the following addresses unless otherwise notified in writing.

10. Amendments; Waiver; Counterparts

This Petition may be amended to conform to proof at any time. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Petition may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one instrument.

11. Governing Law

This Petition and the rights and remedies asserted herein shall be governed by the substantive laws of the State specified below, without regard to its conflict of law principles.

12. Entire Agreement

This Petition, together with its exhibits, contains the entire statement of Petitioner’s request for relief in this matter and supersedes any prior statements or agreements, whether written or oral, related to the subject matter hereof.

13. Severability

If any provision of this Petition is held unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent consistent with applicable law.

Verification

I, the undersigned Petitioner or authorized representative of Petitioner, declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge.

Executed on in , .

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