SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR
- SPECIFIC PERFORMANCE
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 or
about ___, 19__, in the City of ___, County of ___, State of
California, Plaintiff and defendant entered into a written agreement,
a copy of which is attached hereto as Exhibit "A" and
made a part hereof. By the terms of said written agreement, ___.
<>. The consideration set forth in the agreement was the
fair and reasonable.
<>. Plaintiff has performed all conditions, covenants,
and promises required by him on his part to be performed in accordance
with the terms and conditions of the contract.
<>. Defendant has failed and refused, and continues to
fail and refuse, to perform the conditions of the contract on
his part in that ___.
<>. Plaintiff has no adequate legal remedy in that ___
(damages, if awarded, cannot be properly ascertained since there
is no fixed market value and damages will be inadequate to compensate.
<>. By the terms of said written agreement, the Plaintiff
is entitled to recover reasonable attorney fees incurred in the
enforcement of the provisions of the agreement. By reason of
the aforementioned breach of the defendant, the Plaintiff has
been forced to secure the services of the legal firm of KINSEY
AND LASHLEE to prosecute this lawsuit.
WHEREFORE, plaintiff__ pray__ judgment
against defendant__ and each of them, as follows:
<>. For damages for ____
<>. For an order requiring defendant
<>. For such other and further
relief as the court may deem proper.
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: _________________ ___________________________________