This is a complaint served by a plaintiff against a defendant for two (2) different causes
of action. The first cause of action alleges that the defendant breached a contract with
the plaintiff. The second cause of action alleges that the defendant was negligent by
breaching its duty to use reasonable care in performing the obligations under the
contract. This complaint contains many standard clauses but can be customized to fit
the specific needs of the parties. This formal complaint should be used by a party who
suffered a breach of contract that resulted from negligence.
__________________, Esq. (SBN ___________)
LAW OFFICES OF ________________
[ADDRESS LINE 1]
[ADDRESS LINE 2]
Attorneys for Plaintiff ________________
[NAME OF COURT]
COUNTY OF ____________________
___________________[NAME OF ) Case No. _____________
Plaintiff, ) PLAINTIFF ____________‘S
) COMPLAINT FOR
) (1) BREACH OF CONTRACT
_________________________[NAME OF ) (2) NEGLIGENCE
DEFENDANT] and DOES 1 THROUGH )
50, inclusive, )
) Case Filed: ____________ [DATE]
Defendants. ) Trial Date: ____________ [DATE]
Plaintiff __________________ (hereinafter “Plaintiff” or “[NAME]”) alleges the
1. The Plaintiff is now, and at all times mentioned in this Complaint has been,
domiciled in the County of______________, State of ________________.
2. Plaintiff is informed and believes and thereon alleges that Defendant,
______________________________ (“Defendant” or “[NAME]”) is, and at all times
herein mentioned was, domiciled in the County of______________, State of
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3. The true names or capacities, whether individual, corporate, associate, or
otherwise of Defendants Does 1 through 50, inclusive, are unknown to the Plaintiff, who
therefore sues said Defendants by such fictitious names. The Plaintiff is informed and
believes, and on such information and belief alleges, that each of the Defendants, sued
herein as Does 1 through 50, is legally responsible in some manner for the events and
happenings referred to herein, and the Plaintiff will amend this Complaint to insert their
true names and capacities.
4. Plaintiff has at all times acted in accordance with the law.
FIRST CAUSE OF ACTION
(Breach of Contract)
Plaintiff alleges as its First Cause of Action against Defendant
___________________________ and DOES 1 through 50, inclusive, Breach of Contract.
5. Plaintiff refers to the allegations contained in paragraphs 1 through 4
inclusive, and incorporates them as though set forth at length herein.
6. On or about ___________________________ [DATE] Plaintiff and
Defendant entered into a written agreement wherein Defendant agreed to [DESCRIBE
BRIEFLY THE PURPOSE OF THE AGREEMENT BETWEEN PLAINTIFF AND
DEFENDANT] (the “Agreement”). (A true and correct copy of the Agreement is
attached hereto as Exhibit “A” and is incorporated herein by this reference.)
FAILURE OF DEFENDANT TO PERFORM IN ACCORDANCE WITH THE
7. As part of the scope of work as set forth in the Agreement, Defendant was
_________ [DESCRIBE SPECIFIC OBLIGATIONS OF DEFENDANT THAT
DEFENDANT ALLEGEDLY FAILED TO PERFORM].
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____________________________ [DESCRIBE IN GREATER DETAIL ACTIONS
OR OMISSIONS OF DEFENDANT].
9. ___________________________________________ [DESCRIBE IN
GREATER DETAIL ACTIONS OR OMISSIONS OF DEFENDANT. USE AS
MANY PARAGRAPHS AS NECESSARY.].
DAMAGE CAUSED TO [DESCRIBE] AS A RESULT OF DEFENDANT’S FAILURE TO
10. [DESCRIBE ANY AND ALL DAMAGES SUFFERED AS A RESULT
OF DEFENDANT’S FAILURE TO PERFORM]
SECOND CAUSE OF ACTION
Plaintiff alleges as its Second Cause of Action against Defendant
_________________ and DOES 1 through 50, inclusive, Negligence.
11. The Plaintiff incorporates in this cause of action by reference paragraphs 1
through __, above.
12. At all times mentioned in this Cross-Complaint, Defendant owed Plaintiff a
duty to use reasonable care in the performance of
SERVICES OR OBLIGATIONS TO BE PERFORMED BY DEFENDANT].
13. Defendant breached its duty to Plaintiff by not using reasonable care in
performing ___________________________ [ACTION PERFORMED], including but
not limited to, _______________________ [ADDITIONAL ACTIONS
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14. As a result of Defendant’s negligence, Plaintiff has been damaged by
__________________________________ [DESCRIBE HOW PLAINTIFF WAS
DAMAGED], and Plaintiff was required to pay to remedy such damage.
15. Consequently, Plaintiff has been damaged by Defendant in the sum of
WHEREFORE, the Plaintiff, _______________________, prays judgment against
the Defendant, _________________________, as follows:
AS TO THE FIRST CAUSE OF ACTION,
1. For damages in the sum of $___________;
2. For prejudgment interest;
AS TO THE SECOND CAUSES OF ACTION,
3. For damages in the sum of $__________;
4. For prejudgment interest;
5. For punitive and exemplary damages;
AS TO EACH AND EVERY CAUSE OF ACTION,
6. For costs of suit herein incurred
7. For attorneys’ fees according to the Agreement; and
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8. For such other and further relief as the court may deem proper.
LAW OFFICES OF _______________
Attorneys at Law
Attorney for Plaintiff ______________
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