SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES
Plaintiff complains and for causes of
action alleges as follows:
FIRST CAUSE OF ACTION
1. Plaintiffs __________ [names] are,
and at all times
relevant to this complaint were, owners of units in the
condominium project known as __________ [name of condominium]
2. Defendant __________ [name of association]
association) is, and at all times relevant to this complaint
was, a nonprofit corporation organized and existing under the
laws of the State of California, and the Declaration of
Covenants, Conditions and Restrictions binding on the project.
A true and accurate copy of the Covenants, Conditions and
Restrictions (the CC&Rs), and amendments to the CC&Rs,
attached to this complaint as Exhibit __________ and are
incorporated by this reference. The purpose of the association
is to act as a management body for the preservation,
maintenance, architectural control and improvement of the common
areas of the Project.
3. Defendants __________ [names of directors]
and each of them are, and at all times relevant to this
complaint were, members of the board of directors of the
association. Directors also each own units in the Project.
4. Pursuant to the association's Articles,
Amendments to those documents, the powers of the association
to be exercised by and through its board of directors. A true
and accurate copy of the Articles, Bylaws and Amendments to
those documents are attached to this complaint as Exhibit
__________ and incorporated by this reference.
5. At all times relevant to this complaint,
the board of
directors had a duty under Civil Code section 1365, to act in
reasonable manner in managing the common areas of the Project
and in enforcing the CC&Rs.
6. On or about __________ [date], the
board of directors
adopted a resolution to __________ [specify nature of action
taken by resolution or other act of board of directors in
violation of plaintiffs' rights].
7. The action taken by the board of
unreasonable in that it caused __________ [state consequences
board of directors' resolution], depriving plaintiffs of the
quiet and normal enjoyment of their units. The action was
unreasonable for the further reason that it deprived plaintiffs
of the use of __________ [state any further consequences of
8. The action was unreasonable for the
further reason that
it caused a substantial reduction in the fair market value of
9. An actual controversy has arisen
and now exists between
plaintiffs on the one hand, and the association and directors
the other, concerning their respective rights and duties in that
plaintiffs contend that they have a right to __________ [state
nature of service or other rights], and that association and
directors have a duty to provide that __________ [service or
right]. Association and directors contend that they do not have
the duty alleged by plaintiffs, and that __________ [state
action taken] is within their powers and is appropriate.
10. Plaintiffs desire a judicial determination
rights and duties, and a declaration as to the validity of the
actions of the association and directors.
11. A judicial declaration is necessary
and appropriate at
this time under the circumstances in order that plaintiffs may
ascertain their rights as alleged. Plaintiffs will continue to
suffer the above-described harm unless and until such
declaration is made.
WHEREFORE, plaintiffs demand judgment
as set forth below.
SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty)
12. Plaintiffs incorporate paragraphs
1 through 11 by this
reference as though fully set forth herein.
13. Directors owed a fiduciary duty
to plaintiffs not to
exercise their powers to gain pecuniary benefit for themselves
by causing plaintiffs harm.
14. Directors, and each of them, breached
that duty by
directing that __________ [state acts or omissions for breach
fiduciary duty such as: acted to reduce the monthly assessments
for the operation of the common areas]. Plaintiffs are informed
and believe and on that basis allege that directors, and each
them, took the action described in this paragraph for their own
pecuniary benefit. Directors, and each of them, suffered no
harm as a result of the action, but knew that it would cause
harm to plaintiffs.
15. As a direct and proximate result
of the breach of
fiduciary duty described in paragraph 14 of this complaint,
plaintiffs have been harmed as more fully set forth in
paragraphs __________ and __________ of this complaint in an
amount to be proven at trial.
WHEREFORE, plaintiffs demand judgment
and each of them, as follows:
1. For a declaration that plaintiffs
are entitled to
__________ [state declaration requested], and that defendants
have a duty to __________ [state nature of duty demanded by
plaintiffs to be declared by court];
2. For general and special damages according
3. For reasonable attorney fees incurred
4. For such other and further relief
as may be just and
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: _________________ ___________________________________