Legal Request for Judgment

Legal Request for Judgment

Case No.:   Court:

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

Recitals

WHEREAS, Plaintiff commenced this action against Defendant alleging breach of contract and damages arising from Defendant's obligations under the agreement dated ; and

WHEREAS, judgment is sought by Plaintiff based on the default in performance by Defendant and the court record, including supporting declarations, exhibits, and docketed costs; and

WHEREAS, Plaintiff has provided notice and an opportunity to cure as required by the underlying agreement and applicable procedural rules, as evidenced in the record and the declaration of filed on .

NOW, THEREFORE, Plaintiff respectfully requests that the Court enter judgment pursuant to the following terms and factual recitations.

1. Background

Plaintiff states that the material facts supporting entry of judgment are set forth in the complaint, the accompanying declarations, and the attached exhibits. Plaintiff incorporates those filings by reference and affirms that Defendant has been served and given notice consistent with the civil procedural rules of the named court.

2. Basis for Judgment

Plaintiff requests judgment on the grounds of breach of contract, account stated, and/or default as applicable. Plaintiff asserts that liability is established by admissible evidence on the record and that the legal elements for awarding a monetary judgment have been satisfied under controlling law.

3. Amount Requested

Plaintiff requests entry of a money judgment in the total principal amount of $ .

Prejudgment interest requested at the rate of computed from to date of entry in the amount of $ .

Court costs and fees claimed: $ . Attorney fees requested: $ , pursuant to contract and/or statute.

4. Calculation of Judgment

Total judgment amount requested (Principal + Interest + Costs + Fees): $ . Plaintiff certifies that the calculation attached as Exhibit A accurately sets forth the computations supporting that total.

5. Relief Requested

Plaintiff respectfully requests that the Court enter final judgment in favor of Plaintiff and against Defendant as follows:

1. Enter money judgment in the total amount set forth in section 4;
2. Award costs of suit and reasonable attorney fees as set forth above;
3. Award post-judgment interest at the lawful rate from the date of entry; and
4. Grant any other relief the Court deems just and proper.

6. Certification and Verification

I declare under penalty of perjury under the laws of the jurisdiction in which this Court sits that the foregoing is true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry.

7. Notices

All notices, filings, and correspondence concerning this Request for Judgment must be served on the attorneys or parties below at the addresses provided.

8. Governing Law

This Request for Judgment and any judgment entered hereunder shall be governed by the substantive law of the jurisdiction in which the Court sits without regard to conflicts of law principles.

9. Entire Agreement; Severability

This Request for Judgment, together with incorporated filings and exhibits, constitutes the entire request and understanding of the parties with respect to entry of the requested relief. If any provision of this Request is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

10. Amendments; Waiver; Counterparts

Any amendment or waiver of the terms of this Request must be in writing and signed by the party offering the amendment or waiver. This Request may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

11. Additional Declarations

12. Request for Relief — Checkboxes

Plaintiff requests entry of a money judgment in the amount specified above.

Plaintiff requests prejudgment interest as calculated.

Plaintiff requests costs and attorney fees as described herein.

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