Fill and Sign the Plaintiff Complains and for Causes of Action Alleges as Follows Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (Name, Address Of Party or attorney) _____________________________ _____________________________ _____________________________ State Bar No: __________________ (____) _____ - _________________ Attorney for _______ (Or "In Pro Per") SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ PLAINTIFF(S) NAMES )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ----------------------------------------------------------- COMPLAINT FOR BREACH OF CONTRACT Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION (For ________________ Against ________) I. Defendant ____, _____ is ____, and at all times herein mentioned was ____, a resident____ of the City of _____, County of ____, State of California. II. Defendant ____, _____, is ____, and at all times herein mentioned, was____ a corporation organized and existing under the laws of the State of California with principle offices located at _____, in the City of _____, County of _____. III. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Plaintiff____ is____ ignorant of the true names and capacities of Defendants sued herein as DOES I through X, inclusive, and therefore sues____ these Defendants by such fictitious names. Plaintiff____ will amend this complaint to allege their true names and capacities when ascertained. IV. Plaintiff____ is____ informed and believes____ and thereon alleges____ that, at all times herein mentioned, each of the Defendants sued herein was the agent and employee of each of the remaining Defendants and was at all times acting within the purpose and scope of such agency and employment. V. On ________, 20_____ in ________, California, Defendant _____, entered into a written contract with Plaintiff_____ herein, a copy of which is attached hereto as Exhibit _________ and made a part hereof. By the terms of the contract, Defendant_____ was_____ to build and complete a certain building to be erected on real property situated at _________, California, which real property is owned by Plaintiff ________. VI. Pursuant to the agreement Defendant_____ proceeded with the construction of the building and improvements and caused to be erected on the property a building which to the present time still has not been completed in accordance with the contract. VII. No notice of completion for the building has been filed. VIII. The construction of the building has not been completed in accordance with the contract between the parties hereto in the following particulars _____________. IX. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Under the terms of the contract, Defendant________ agreed to complete the building, or to pay for the completion of such unfinished work, but has failed to do so. X. Plaintiff_____ has_____ made demand on Defendant_____ to complete the work but Defendant_____ has failed, refused, and neglected to do so; Plaintiff_____ has thereby suffered damage in the amount of $____________, the amount Plaintiff must pay for the completion of the unfinished work; all of the foregoing items and the total sum thereof are reasonable. XI. The building was not and could not be occupied by the tenant of the Plaintiff_____ herein until _________, 20_____; the occupancy was delayed for a period of _________ months after the date agreed on in the building contract between the parties hereto. XII. The rental agreed on by Plaintiff_____ and ________ tenant_____ for the use and occupancy of the premises is $_________ per month and such amount is a reasonable rental therefor. XIII. The delay in completion of the buildings was caused solely by the carelessness, neglect, and failure of the Defendant________ to complete the building in accordance with the terms of ________ written contract; by reason of Defendant's_________ failure and neglect, and by reason of ________ breach of the contract, Plaintiff_____ has_____ suffered damage in loss of rents for a period of _________ months in the total amount of $_________ and such amount is reasonable. XIV. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 In accordance therewith and on _____, 20_____, Defendant_____ and _________[----- surety-----] executed and delivered to the Plaintiff_____ herein their bond guaranteeing faithful performance of the work provided for in the building contract. XV. This bond further guaranteed that the owner of the property and building would be put to no additional expense in the construction of the building over and above the contract price; and further guaranteed that all subcontractors, material men, and laborers would be paid; a copy of the bond is attached hereto as Exhibit _________ and made a part hereof. XVI. By reason of the failure and neglect of Defendant_____ to complete the building contract within the agreed time and by reason of breach of the contract and by further reason of the damage suffered by Plaintiff________ in the amount of $_________, together with the loss of rent in the amount of $_________, such amounts are due and owing the Plaintiff________ herein by Defendant ________, no part of which has been paid. XVII. Plaintiff_____ has_____ faithfully and fully performed all of the conditions and covenants required of _____ to be performed.WHEREFORE, Plaintiff____ pray____ judgment against Defendant____ and each of them, as follows: For compensatory damages in the sum of $_____; For interest on the sum of $_____ from and after _____, 20____ to date of judgment; For reasonable attorney fees according to proof; For costs of suit herein incurred; and -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 For such other and further relief as the court may deem proper. DATE: ____________________ ____________________ (Signature) VERIFICATIONI, _____, am a _____in the above-entitled action. I have read the foregoing _____and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, 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 , California. DATE: ____________________ ____________________ (Signature)