Kinsey Law Offices 
Complaint For Tresspass And Injunction
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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 INJUNCTION FOR TRESPASS

Plaintiff complains and for causes of action alleges as follows:

1. Plaintiff, __________ [name], is, and at all times
mentioned in this complaint was, a resident of __________
[address], __________ [city], __________ County, California.

2. Defendant, __________ [name], is, and at all times
mentioned in this complaint was, a resident of __________
[address], __________ [city], __________ County, California.

3. Plaintiff does not know the true names of defendants
DOES 1 through __, 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 intentionally, negligently,
recklessly, or as the result of an extrahazardous activity,
proximately 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 the basis of
this information and belief 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 such agency
and employment.

5. On or about __________ [date], plaintiff was in
possession of certain real property situated at __________
[address], __________ [city], __________ County, California,
which is described as follows: __________ [give legal
description of property].

6. On __________ [date specified in paragraph 5],
__________ [where period of plaintiff's use is relevant to value
of property or some other aspect of plaintiff's damages: and
for a period of __________ (specify, such as three years) before
that date], plaintiff was using the property described in
paragraph 5 as __________ [specify use].

7. On or about __________ [date specified in paragraph 5],
defendants, without the consent or authority and against the
will of the plaintiff, entered onto the property described in
paragraph 5 as follows: __________ [describe in detail
defendants' entry on property and, if appropriate, designate
type or kind and number or quantity of items or material left on
property by defendants].

8. The effect of defendants' conduct, as described in
paragraph 7 of this complaint, has been __________ [describe
effect of conduct that has produced irreparable damage to
plaintiff, for example, to prevent plaintiff's ingress to and
egress from the property described in paragraph 5, resulting in
the complete exclusion of the plaintiff from the plaintiff's
land].

9. Plaintiff advised defendants on __________ [date], by
__________ [describe method of notice] that defendants were
trespassing on plaintiff's land without any right or authority
to do so, and without plaintiff's consent. Plaintiff further
demanded that defendants leave plaintiff's property immediately
and refrain from any further entry on the property.

10. On or about __________ [date], defendants again
entered plaintiff's land against plaintiff's will and without
plaintiff's consent, and __________ [describe further and
continuing acts of damaging conduct by defendant].

11. Defendants threaten and assert that they will continue
to trespass, and therefore continue to deprive plaintiff of
plaintiff's right to exclusive possession of the property.
Plaintiff is informed and believes, and on the basis of that
information and belief alleges, that unless restrained by this
court, defendants will continue to trespass against plaintiff's
property. Such trespassory conduct by defendants will result in
irreparable harm to plaintiff, in that __________ [describe
irreparable nature of injury, such as it will not only deprive
plaintiff of access to the land, but if left unrestrained, will
result in the imposition of a servient easement in favor of
defendants across the land, thereby posing a threat to
plaintiff's good and marketable title to the property. The
potential damages that could proximately result from defendants'
continued trespass would be extremely difficult, if not
impossible, to assess accurately].
12. __________ [If applicable, add: Defendants'
continuing trespassory conduct, as alleged in this complaint,
will require plaintiff to bring a multiplicity of actions to
protect plaintiff's property interests, thereby rendering
plaintiff's remedy at law inadequate.]

13. As a result of defendants' conduct, as alleged in this
complaint, plaintiff has been deprived of the use of the
property for a period of __________ [specify period of time], to
plaintiff's damage in the approximate sum of $__________.

14. __________ [If appropriate, allege facts indicating
fraud, malice, or oppression to provide basis for recovery of
punitive damages.]

15. __________ [If appropriate, allege facts indicating
defendants' trespass occurred on lands either under cultivation
or intended or used for the raising of livestock, providing
basis for recovery of attorney fees pursuant to Code of Civil
Procedure section 1021.9.]

16. __________ [If appropriate, allege basis for recovery
of damages for emotional distress.]

Wherefore, plaintiff requests judgment against defendants,
and each of them, as follows:

1. Defendant be enjoined during the pendency of this
action, and permanently thereafter, from __________ [state
conduct to be enjoined with sufficient specificity for
injunction to issue];

2. General damages in the amount of $__________;

3. __________ [If appropriate, add: Punitive damages in
the amount of $__________;]

4. __________ [If appropriate, add: Damages for
emotional distress __________ (in the amount of $__________ or,
if the action is brought in superior court in an amount to be
established by proof at trial);]

5. __________ [If appropriate add: Attorney fees
pursuant to Code of Civil Procedure section 1021.9 in the amount
of $__________;]

6. Costs of suit; and

7. Any other and further relief that 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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