SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR BREACH OF CONTRACT
Plaintiff complains and for causes of
action alleges as follows:
1. Plaintiff, __________ [name], is
now and at all times
mentioned in this complaint was, a resident of __________ County,
2. Defendant, __________ [name of seller]
("seller"), is now,
and at all times mentioned in this complaint was, an individual
residing in __________ County, California.
3. Plaintiff does not know the true
names of defendants DOES
1 through 25, and therefore sues them by those fictitious names.
Plaintiff is informed and believes, and on the basis of that
information and belief alleges, that each of those defendants
in some manner legally responsible for the events and happenings
alleged in this complaint and for plaintiff's damages. The names,
capacities and relationships of DOES 1 through 25 will be alleged
by amendment to this complaint when they are known.
4. Plaintiff is informed and believes,
and on that basis
alleges, that at all times mentioned in this complaint, defendants
were the agents and employees of their codefendants, and in doing
the things alleged in this complaint were acting within the course
and scope of that agency and employment.
FIRST CAUSE OF ACTION
(Breach of Written Contract)
5. Plaintiff incorporates by this reference
through 4 of this complaint.
6. On or about __________ [date], plaintiff
entered into a written agreement in which plaintiff agreed to
purchase and seller agreed to sell real property located at
__________ [location and address of property, if any] ("the
property"), more particularly described as __________ [set
legal description]. A copy of the written purchase and sale
agreement ("the agreement") is attached to this complaint
Exhibit __ and is incorporated by this reference. The agreement
includes a provision for recovery of attorney fees by the
prevailing party in the event an action is brought under the
7. Prior to plaintiff's execution of
the agreement, seller
presented plaintiff with a Real Estate Transfer Disclosure
Statement dated __________ [date] that was prepared and signed
defendant. A copy of the Real Estate Transfer Disclosure Statement
("the disclosure statement") is attached to this complaint
Exhibit __ and is incorporated by this reference. Plaintiff relied
on the representations set forth in the disclosure statement
entering into the agreement and the statement was incorporated
8. Plaintiff performed all conditions,
promises on plaintiff's part to be performed in accordance with
terms and conditions of the agreement.
9. Plaintiff closed escrow and took
possession of the real
property on __________ [date].
10. Plaintiff is informed and believes,
and on that basis
alleges, that seller breached the agreement by failing to disclose
material and important information regarding the condition of
real property that was within seller's knowledge as follows:
__________ [set forth specific details as to disclosure failure].
11. In the disclosure statement, seller
__________ [set forth erroneous statements made in the disclosure
12. Plaintiff relied on seller's representations
as set forth
in the disclosure statement and that reliance was reasonable.
13. Plaintiff would not have entered
into the agreement had
plaintiff known the true facts. The true facts are __________
forth actual facts as to condition of property].
14. As a result of seller's breach of
plaintiff has been damaged in that __________ [set forth specific
details as to damage, such as: plaintiff has been forced to incur
the cost and expense of correcting the defects and problems on
WHEREFORE, plaintiff demands judgment
as set forth below.
SECOND CAUSE OF ACTION
(Violation of Civil Code sections
1102 et seq.)
15. Plaintiff incorporates by this reference
through 14 of this complaint.
16. Seller owed plaintiff a duty under
Civil Code sections
1102 et seq. to inspect and to disclose fully and fairly all
that materially affect or relate to the condition of the real
property and to disclose truthful and complete, rather than
17. Seller failed to comply with the
requirements of Civil
Code sections 1102 et seq. by failing to supply required material
information as to the condition of real property, and by instead
supplying information that did not meet the requirements of these
provisions, and these actions were not in good faith.
18. As a result of the seller's failure
to comply with Civil
Code sections 1102 et seq., seller is liable in the amount of
actual damages sustained by plaintiff as set forth in this
WHEREFORE, plaintiff demands judgment
against defendants for:
1. Compensatory damages of $__;
2. __________ [Add if applicable: Interest
on the sum of $__
at the (contract or legal) rate of __ percent per year from
3. __________ [If applicable, include
request for other
4. Reasonable attorney fees, as authorized
[state basis for right to recover fees];
5. Costs of suit; and
6. Such further relief as the court
may deem proper.
I, ___, 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 Long Beach, California.
DATED: _________________ ___________________________________