Legal Summons and Complaint

LEGAL SUMMONS AND COMPLAINT

Court:   County:

Case No.:   Filing Date:

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

RECITALS

WHEREAS, Plaintiff brings this action to obtain relief and damages for claims arising from the transactions and occurrences described below; and

WHEREAS, Defendant at all relevant times was a person or entity engaged in activities giving rise to the causes of action herein and is subject to this Court's jurisdiction; and

WHEREAS, efforts to resolve the dispute prior to initiating this action have been undertaken but have not produced an agreed settlement,

NOW, THEREFORE, Plaintiff prays for relief as set forth below and alleges the following facts and claims upon information and belief where indicated.

1. JURISDICTION AND VENUE

1.1 This Court has subject-matter jurisdiction over this action pursuant to applicable statutes and rules because the amount in controversy and the nature of the claims fall within the Court's authorized jurisdictional limits.

1.2 Venue is proper in this County because the events giving rise to the claims occurred in this County and Defendant resides or transacts business in this County.

2. PARTIES

2.1 Plaintiff Name: is a natural person or entity with the address stated above.

2.2 Defendant Name: is a natural person or entity with the address stated above and is subject to service of process at that address.

3. STATEMENT OF FACTS

3.1 On or about , the following events occurred, giving rise to Plaintiff's claims:

3.2 Plaintiff provided notice to Defendant of the alleged breaches or wrongdoing on by the following means:

4. CAUSES OF ACTION

4.1 COUNT I — BREACH OF CONTRACT (if applicable). Plaintiff realleges the foregoing paragraphs and further alleges: Plaintiff and Defendant entered into a contract on . Defendant materially breached the contract by failing to perform the obligations described above. As a direct and proximate result of Defendant's breach, Plaintiff has suffered damages in an amount to be proven at trial.

4.2 COUNT II — NEGLIGENCE (if applicable). Plaintiff realleges the foregoing and further alleges that Defendant owed Plaintiff a duty of care, breached that duty, and thereby caused foreseeable harm and damages to Plaintiff.

4.3 COUNT III — DECLARATORY AND INJUNCTIVE RELIEF (if applicable). Plaintiff seeks a judicial declaration of the parties' rights and obligations and temporary or permanent injunctive relief as necessary to prevent irreparable harm.

5. DAMAGES AND PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court grant the following relief:

5.1 Compensatory damages in an amount to be proven at trial, including special and consequential damages: $

5.2 Prejudgment and post-judgment interest as allowed by law, costs of suit, and attorney's fees where authorized by contract or statute.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.    Check to demand jury trial

SUMMONS — NOTICE TO DEFENDANT

YOU ARE HEREBY SUMMONED and required to appear and answer the Complaint within days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default may be taken against you for the relief demanded in the Complaint.

Service of process may be effected at the Defendant address set forth above or at any other location permitted by law. Failure to respond will subject Defendant to entry of judgment and other sanctions authorized by the rules and statutes governing civil procedure.

CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Summons and Complaint was served on Defendant by the following method(s):

NOTICES, AMENDMENTS, WAIVER

All notices required or permitted under this Complaint shall be in writing and shall be deemed given when delivered personally or three (3) days after deposit in the United States mail, postage prepaid, to the addresses provided above. Plaintiff reserves the right to amend this Complaint to assert additional facts or claims as discovered during litigation. Failure to assert a particular right or remedy shall not operate as a waiver of any other rights or remedies.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Complaint shall be governed by and construed in accordance with the laws of the state in which the Court sits, without regard to conflict of law principles. This document constitutes the entire pleading and statement of claims presented by Plaintiff at this time; any prior statements or understandings inconsistent with the allegations set forth herein are superseded. If any provision of this Complaint is determined to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

COUNTERPARTS

This Complaint and any related certification or proof of service may be executed in counterparts and may be delivered by facsimile, electronic transmission, or other electronic means, each of which shall be deemed an original.

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