Mechanics Lien

Complaint for Damages and Foreclosure of Mechanic's Lien

Name and Address of Party or Attorney

State Bar No: (or Pro Se)

Telephone No.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF

COMPLAINT FOR DAMAGES AND FORECLOSURE OF MECHANIC'S LIEN

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(Breach of Contract)

1. Plaintiff is now, and at all times mentioned in this Complaint was, a corporation organized and existing under the laws of the State of California, with its principal place of business in County, California, duly licensed by the State of California to perform the work alleged in this Complaint.

2. Defendant is now, and at all times mentioned in this Complaint was, a corporation organized and existing under the laws of the State of California, with its principal place of business in County, California, and may be served with process by serving its registered agent whose address is (state physical address, not Post Office Number).

3. is now, and at all times mentioned in this Complaint was, President of Defendant and was acting as an agent of Defendant.

4. The real property (Building Parcel) referred to in this Complaint is located in the City of , County of , State of California, and is located at (address). Said real property is more particularly described in Exhibit attached to this Complaint and incorporated by reference.

5. On or about (date), Plaintiff and the President of Defendant, on behalf of Defendant, entered into a written agreement, by which Plaintiff agreed to furnish certain labor, services, equipment, and materials for a work of improvement on the Building Parcel, for an agreed contract price of $ , plus those additional sums as the parties would determine as the price for extra work, all of which Defendant agreed to pay. A true and correct copy of the Agreement is attached to this Complaint as Exhibit and incorporated by reference.

The whole of the Building Parcel, and the entire estate of Defendant, are required for the convenient use and occupation of the work of improvement.

6. During the period (dates), pursuant to the Agreement and at Defendant's special request, Plaintiff furnished labor, services, equipment, and materials used and intended to be used in the work of improvement on the Building Parcel, including extra work having an agreed price and reasonable value of $ .

7. Plaintiff has performed all conditions and covenants to be performed on its part under the Agreement.

8. The labor, services, equipment, and materials furnished by Plaintiff had and have a reasonable value of $ , which Defendant agreed to pay.

9. Defendant breached the Agreement, in that it paid Plaintiff only $ and there is now due, owing, and unpaid the sum of $ , together with interest at the legal rate.

10. The Agreement contains an attorney fees provision. As the result of the foregoing breach, Plaintiff has been required to, and has, retained the law firm of to represent it in connection with this matter. The exact amount of attorney fees to be incurred by Plaintiff is presently unknown to Plaintiff, who will seek leave to amend this Complaint after that sum has been ascertained.

SECOND CAUSE OF ACTION

(Mechanics' Lien Foreclosure)

11. Plaintiff incorporates herein by reference Paragraphs 1 through 10.

12. On (date), Plaintiff duly caused a preliminary notice to be given in accordance with the provisions of California Civil Code section 3097.

13. On (date), Plaintiff duly recorded a verified Mechanics' Lien Claim, describing the Building Parcel and the labor, services, equipment, and materials to be furnished on the work of improvement, at (include book, page, and instrument number) in the official records of , California, in accordance with the provisions of California Civil Code section 3084. The cost of recording the Mechanics' Lien Claim was $ , no part of which has been repaid.

14. Defendant claims some right, title, or interest in or to the Building Parcel, each of which claim is junior and inferior to Plaintiff's claim.

WHEREFORE, Plaintiff demands judgment against Defendant for the following:

A. The sum of $ , together with interest according to law as damages;

B. The sum of $ in costs incurred in recording the verified Mechanics' Lien Claim;

C. The sum of $ , together with attorney fees and interest, be ordered as a lien against the Building Parcel, senior and superior to any claim of right, title or interest in or to the real property of Defendant, and that the real property be ordered sold by the Sheriff of County, California, according to law, and that all proceeds of sale be applied to Plaintiff's claim and to the cost of these proceedings and the sale of the real property;

D. Reasonable attorney fees and costs as allowed under Civil Code section 3148; and

E. Any other and further relief the court considers proper.

VERIFICATION

I, (Name of President) am President of the Plaintiff in the above-entitled action. I have read the foregoing COMPLAINT FOR DAMAGES AND FORECLOSURE OF MECHANIC'S LIEN and know the contents thereof. The same is true of my own knowledge and I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at (address), California.

Dated

Name of Plaintiff