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:
FIRST CAUSE OF ACTION
(For ________ Against ____)
<>. Defendant__, ___ is__, and
at all times herein mentioned was__, a resident__ of the City
of ___, County of __, State of California.
<>. 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 ___.
<>. 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.
<>. 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.
<>. On ____,
19___ 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____.
<>. Purseant 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.
<>. No notice of completion for the building has been filed.
<>. The construction of the building has not been completed
in accordance with the contract between the parties hereto in
the following particulars _______.
<>. 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.
<>. 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.
<>. The building was not and could not be occupied by the
tenant of the plaintiff___ herein until _____, 19___; the occupancy
was delayed for a period of _____ months after the date agreed
on in the building contract between the parties hereto.
<>. 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.
<>. 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.
<>. In accordance therewith and on___, 19___, defendant___
and _____[-----surety-----] executed and delivered to the plaintiff___
herein their bond guaranteeing faithful performance of the work
providedfor in the building contract.
<>. 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, materialmen,
and laborers would be paid; a copy of the bond is attached hereto
as Exhibit _____ and made a part hereof.
<>. 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.
<>. 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 ___, 19__ to date of judgment;
<>. For reasonable attorney fees
according to proof;
<>. For costs of suit herein incurred;
<>. For such other and 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: _________________ ___________________________________