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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- ________________________________
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- CASE NO: _______
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- COMPLAINT FOR DAMAGES AND STRICT PRODUCTS LIABILITY
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Plaintiff complains and for causes of
action alleges as follows:
First Cause of Action--Negligence
1. Plaintiff, __________ [name], is
an individual and is
now, and at all times mentioned in this complaint was, a
resident of __________ County, California.
2. Defendant __________ [name of manufacturer]
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.
3. Defendant __________ [name of seller]
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.
4. Defendant __________ [name of manufacturer]
is now, and
at all times mentioned in this complaint was, in the business
of
designing, manufacturing, constructing, assembling, inspecting,
and selling various types of household appliances, including
electric ovens.
5. Defendant __________ [name of seller]
is now, and at
all times mentioned in this complaint was, in the business of
inspecting, maintaining, installing, and selling at retail to
members of the public various types of household appliances,
including electric ovens designed and manufactured by defendant
__________ [name of manufacturer].
6. On __________ [date], plaintiff purchased
from
defendant __________ [name of seller], and defendant __________
[name of seller] installed in the kitchen of plaintiff's home,
a __________ [describe electric oven] that had previously been
designed, manufactured, constructed, assembled, inspected, and
sold by defendant __________ [name of manufacturer].
7. On __________ [date], plaintiff attempted
to use the
oven, at which time it malfunctioned causing the injuries and
damages described below.
8. At all times mentioned in this complaint,
defendant
__________ [name of manufacturer] so negligently and carelessly
designed, manufactured, constructed, assembled, inspected, and
sold the oven that it was dangerous and unsafe for its intended
uses.
9. At all times mentioned in this complaint,
defendant
__________ [name of seller] so negligently and carelessly
inspected, maintained, installed, and sold the oven that it was
dangerous and unsafe for its intended uses.
10. As a direct and proximate result
of the negligence and
carelessness of defendants as described above, plaintiff's
kitchen and the electric oven purchased by plaintiff were
destroyed by fire and plaintiff's home, personal belongings,
furnishings, and clothing were damaged by smoke and water used
to put out the fire.
11. As a further direct and proximate
result of the
negligence and carelessness of defendants as described above,
plaintiff sustained the following serious injuries and damages:
__________ [Describe injuries and damages in detail, including
lost wages, pain and suffering, permanent disability, and
medical expenses].
WHEREFORE, plaintiff demands judgment
as set forth below.
Second Cause of Action--Strict Products
Liability
12. Plaintiff incorporates by this reference
all
allegations contained in Paragraphs 1 through 7 of the First
Cause of Action of this complaint, as though fully set forth
here.
13. At all times mentioned in this complaint,
the oven and
its component parts were defective as to design, manufacture,
and warnings, causing the oven and its component parts to be
in
a dangerous and defective condition that made them unsafe for
their intended use.
14. As a direct and proximate result
of the defective and
dangerous condition of the oven described above, plaintiff's
kitchen and the electric oven purchased by plaintiff were
destroyed by fire and plaintiff's home, personal belongings,
furnishings, and clothing were damaged smoke and water used to
put out the fire.
15. As a further direct and proximate
result of the
defective and dangerous condition of the oven described above,
plaintiff sustained the following serious injuries and damages:
__________ [Describe injuries and damages in detail, including
lost wages, pain and suffering, permanent disability, and
medical expenses].
WHEREFORE, plaintiff demands judgment
against defendants,
and each of them, as follows:
1. General damages according to proof;
2. Special damages according to proof;
3. Prejudgment interest according to
law;
4. Costs of this action; and
5. Any other and further relief that
the court considers
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: _________________ ___________________________________
