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Complaint Against Builder
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    (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]
Plaintiffs,

 

v.

 

 
[DEFENDANT(S) NAMES]
Defendants
 

 

________________________________
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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; and

<>. For such other and further relief as the court may deem proper

 

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

 

 

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: _________________ ___________________________________

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