SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
- ________________________________
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- CASE NO: _______
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- COMPLAINT FOR
- NEGLIGENCE
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Plaintiff complains and for causes of
action alleges as follows:
PRELIMINARY ALLEGATIONS
<>. 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.
FIRST CAUSE
OF ACTION
(Strict Liability
Against ___)
<>. Plaintiff__
incorporate__ in this Cause of Action Paragraphs ___ through
___ herein the same as though fully set out in this Cause of
Action at length.
<>. At all times
herein mentioned defendant__ was__, and still is__ the owner
of a certain ____[breed] dot, which caused the injuries and damage
hereinafter complained of. This dog had a vicious nature, disposition,
and propensity, which was known or should have been known by
defendant.
<>. On or about
___, 19___, at about ___ _.M., the dog was ___[location]. The
dog was not under any form of restraint or control of a competent
person. The area is traveled by pedestrians and business people.
At this time and place, plaintiff proceeded to ____ was suddenly
and with no warning viciously attacked by the dog. The dog ___
and severely bit the Plaintiff about the ____.
<>. As a proximate
result of the actions of defendant's dog, plaintiff sustained
the following injuries, all to his damage in the sum of $_________.
<>. As a further
proximate result of the actions of defendant's dog, plaintiff
was required to and did employ physicians and surgeons to examine,
treat, and care for ___ and incurred additional medical expenses
for hospital bills and other incidental medical expenses in the
approximate amount of $_______ to date.
<>. Plaintiff
is informed and believes, and on such information and belief
alleges, that ___ will incur some additional medical expenses,
the exact amount of which is unknown. Plaintiff will ask leave
of court to amend ___ complaint to insert the correct amount
of such medical expenses when the same has been ascertained.
<>. As a further
proximate result of the actions of defendant's dog, plaintiff
has suffered a loss of income and earnings, and ___ earning ability
is, and will remain, impaired and diminished by reason thereof,
and ___ will continue to suffer a further loss of earnings and
income for an indefinite period of time, and plaintiff prays
leave to amend this complaint and insert the true amounts when
the same shall be ascertained.
SECOND CAUSE
OF ACTION
(Negligence
Against ___)
<>. Plaintiff__
incorporate__ in this Cause of Action Paragraphs ___ through
___ herein the same as though fully set out in this Cause of
Action at length.
<>. Defendant__
negligently failed to have the dog under restraint or to take
any other precautions to prevent the dog from attacking plaintiff
or other persons. Defendant was also negligent in that ___ failed
to post a sign or take other measures to warn of the presence
of a vicious dog.
WHEREFORE, plaintiff
prays judgment as follows:
1. For general damages
in the sum of $_____.
2. For medical and incidental
expenses according to proof.
3. For damages for loss
of income and earnings and impairment of earning ability according
to proof.
4. For costs of suit
herein incurred.
5. For such other and
further relief as the court may deem proper.
:
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DATED: _______________ |
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(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: _________________ ___________________________________
