Kinsey Law Offices 
Complaint To Foreclose A Mechanic's Lien
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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 DAMAGES AND FORECLOSURE OF MECHANIC'S LIEN

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION
(Breach of Contract)

1. Plaintiff, __________ [name], is now, and at all times
mentioned in this complaint was, a corporation organized and
existing under the laws of the State of California, with its
principal place of business in __________ County, California,
duly licensed by the State of California to perform the work
alleged in this complaint.

2. At all times mentioned in this complaint plaintiff was,
and is, doing business under the fictitious name __________.
Plaintiff has filed the statement and published the notice
required by section 17918 of the Business and Professions Code.

3. Plaintiff does not know the true names of defendants
DOES 1 through 50, inclusive, and therefore sues them by those
fictitious names. __________ [Optionally, in addition to
language in charging allegations that includes fictitiously
named defendants: Plaintiff is informed and believes, and on
the basis of that information and belief alleges, that each of
those defendants was in some manner legally responsible for the
events and happenings alleged in this complaint and for
plaintiff's injuries and damages.]

4. Plaintiff is informed and believes and on that basis
alleges that, at all times mentioned in this complaint,
defendants __________ [names], and Does 1 through 50 were and
are corporations doing business in the State of California.

5. Plaintiff is informed and believes and on that basis
alleges that, at all times mentioned in this complaint,
defendant __________ [name] is now, and at all times mentioned
in this complaint was, a limited partnership organized under the
laws of the State of California, with its principal place of
business in __________ County, California, doing business under
the fictitious name __________, and is sued in the name
__________ [which it has assumed or by which it is known].

6. 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.

7. The real property ("building parcel") referred to in
this complaint is located in the City of __________, County of
__________, State of California, and is commonly known as
__________ [address or location]. The real property is more
particularly described in Exhibit __________ attached to this
complaint and incorporated by reference.

8. On or about __________ [date], plaintiff and defendant
__________ [name of defendant] entered into a written agreement,
by which plaintiff agreed to furnish certain labor, services,
equipment, and materials for a work of improvement on the
building parcel, for an agreed contract price of $__________,
plus those additional sums as the parties would determine as the
price for extra work, all of which defendant agreed to pay. A
true and correct copy of the agreement is attached to this
complaint as Exhibit __________ and incorporated by reference.
The whole of the building parcel, and the entire estate of
defendant, are required for the convenient use and occupation of
the work of improvement.

9. During the period __________ [dates], pursuant to the
agreement and at defendants' special request, plaintiff
furnished labor, services, equipment, and materials used and
intended to be used in the work of improvement on the building
parcel, including extra work having an agreed price and
reasonable value of $__________.

10. Plaintiff has performed all conditions and covenants
to be performed on its part under the agreement.

11. The labor, services, equipment, and materials
furnished by plaintiff had and have a reasonable value of
$__________, which defendant agreed to pay.

12. Defendant breached the agreement, in that it paid
plaintiff only $__________ and there is now due, owing, and
unpaid the sum of $__________, together with interest at the
legal rate.

13. The agreement contains an attorney fees provision. As
the result of the foregoing breach, plaintiff has been required
to, and has, retained the firm of __________ [name of firm] to
represent it in connection with this matter. The exact amount
of attorney fees to be incurred by plaintiff is presently
unknown to plaintiff, who will seek leave to amend this
complaint after that sum has been ascertained.

 

SECOND CAUSE OF ACTION
(Mechanics' Lien Foreclosure)

14. Plaintiff incorporates herein by reference paragraphs
1 through __________.

15. On __________ [date], plaintiff duly caused a
preliminary notice to be given in accordance with the provisions
of Civil Code section 3097.

16. On __________ [date], plaintiff duly recorded a
verified Mechanics' Lien Claim, describing the building parcel
and the labor, services, equipment, and materials to be
furnished on the work of improvement, at __________ [include
book, page, and instrument number] in the official records of
__________ [name of county], California, in accordance with the
provisions of Civil Code section 3084. The cost of recording
the Mechanics' Lien Claim was $__________, no part of which has
been repaid.

17. Each defendant claims some right, title, or interest
in or to the building parcel, each of which claim is junior and
inferior to plaintiff's claim.

WHEREFORE, plaintiff demands judgment against defendants
for the following:

1. The sum of $__________, together with interest
according to law as damages;

2. The sum of $__________ in costs incurred in recording
the verified Mechanics' Lien Claim;

3. The sum of $__________, together with attorney fees and
interest, be ordered as a lien against the building parcel,
senior and superior to any claim of right, title or interest in
or to the real property of any defendant, and that the real
property be ordered sold by the Sheriff of __________ County,
California, according to law, and that all proceeds of sale be
applied to plaintiff's claim and to the cost of these
proceedings and the sale of the real property;

4. Reasonable attorney fees and costs as allowed under
Civil Code section 3148; and

5. Any other and further relief the court considers
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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