Legal Revised Complaint

LEGAL REVISED COMPLAINT

Court:   County:

Case Number:   Judge:

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

RECITALS

WHEREAS, Plaintiff alleges that Defendant engaged in conduct that caused injury and damages to Plaintiff as set forth herein, including but not limited to acts and omissions described in the Factual Allegations section below.

WHEREAS, Plaintiff avers that this Court has subject matter jurisdiction under the statutes and doctrines invoked herein and that venue is proper in this judicial district because the acts giving rise to this complaint occurred within this county.

WHEREAS, Plaintiff has attempted to resolve the dispute prior to filing but has been unable to obtain adequate redress, and Plaintiff therefore brings this Revised Complaint to assert the claims and remedies set forth below.

NOW THEREFORE, Plaintiff brings this Revised Complaint against Defendant and alleges as follows:

1. JURISDICTION AND VENUE

1.1 Jurisdiction. This Court has jurisdiction over the subject matter of this action pursuant to the general jurisdictional statutes and principles applicable to civil actions for the relief sought, including claims for monetary damages, injunctive relief, and costs of suit.

1.2 Venue. Venue is proper in this county because a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this county and because Defendant resides or transacts business in this county.

2. PARTIES

2.1 Plaintiff. Plaintiff is an individual/corporation residing or organized at .

2.2 Defendant. Defendant is a corporation/individual with principal place of business or residence at .

3. FACTUAL ALLEGATIONS

Plaintiff incorporates the foregoing paragraphs as if fully set forth herein and alleges the following facts upon personal knowledge or on information and belief where indicated.

Date of first actionable event: ; Description:

Date of subsequent event: ; Description:

4. CAUSES OF ACTION

Each cause of action below is pleaded in the alternative, and Plaintiff reserves the right to amend or consolidate claims as discovery progresses.

COUNT I — NEGLIGENCE

4.1 Plaintiff realleges all preceding paragraphs and further alleges that Defendant owed Plaintiff a duty of care under the circumstances, breached that duty by failing to exercise reasonable care, and that such breach was a proximate cause of Plaintiff’s injuries and damages.

COUNT II — BREACH OF CONTRACT

4.2 Plaintiff realleges all preceding paragraphs and alleges that at all relevant times there existed a valid and enforceable agreement between Plaintiff and Defendant, that Plaintiff performed all material obligations or was excused from performance, that Defendant breached the agreement, and that Plaintiff sustained damages as a direct and proximate result of that breach.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For general and special compensatory damages in an amount to be proven at trial but not less than: $
2. For punitive and exemplary damages in an amount to be determined at trial where permitted by law;
3. For injunctive relief as set forth in the pleadings and as the Court deems just and proper; detailed injunctive relief requested:
4. For costs of suit, reasonable attorneys’ fees where authorized by statute or contract, and pre- and post-judgment interest as allowed by law;
5. For such other and further relief as the Court may deem appropriate and just.

Plaintiff demands a trial by jury on all issues so triable: Yes

6. NOTICES

All formal notices and communications regarding this action shall be delivered to the notice addresses set forth below or to counsel of record.

7. AMENDMENTS, WAIVER, COUNTERPARTS

Plaintiff reserves the right to amend this complaint to assert additional claims, parties, or factual allegations as discovery proceeds. No waiver of any claim or right shall be effective unless made in writing and signed by the waiving party. This pleading may be executed in counterparts and by electronic or scanned signature where permitted.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Complaint shall be governed by the laws of the state whose courts this Court represents, without regard to conflicts of law principles. This document constitutes the entire pleading submitted by Plaintiff at this stage and supersedes prior informal statements of claim to the extent inconsistent herewith. If any provision of this Complaint is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

VERIFICATION

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

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