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Model Complaint

 
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PostPosted: Wed Aug 23, 2017 5:25 pm    Post subject: Model Complaint Reply with quote

� (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


________________________________ )
)
)
)
)
)
)
)
)
)
) CASE NO: _______

COMPLAINT FOR ASSAULT AND BATTERY
Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION


(Battery)

1. Plaintiff is an individual and is now, and at all times
mentioned in this complaint was, a resident of __________
County, California.
2. Defendant is an individual and is now, and at all times
mentioned in this complaint was, a resident of __________
County, California.
3. On or about __________ [date], at approximately
__________ [time], plaintiff was in __________ [his or her] home
reading when he heard very loud music. The music was so loud
that it disturbed plaintiff's quiet enjoyment of the evening.
4. Plaintiff went to the window at the front of __________
[his or her] home to determine the source of the music, and saw
defendant, who is plaintiff's neighbor, and several strangers
leaning against defendant's car which was parked in front of
plaintiff's home. A large portable stereo, or "boom box" as
they are popularly known, sat on the hood of defendant's car and
appeared to be the source of the loud music.
5. Plaintiff walked out to where defendant and __________
[his or her] companions were standing and politely asked if
defendant would lower the volume of the music.
6. Defendant refused and plaintiff again asked defendant
to turn down the volume or __________ [he or she] would call the
police. Defendant again refused and plaintiff turned and
started back toward __________ [his or her] home.
7. Defendant then called plaintiff's name and plaintiff
turned and faced defendant. __________ [Describe defendant's
threatening conduct, such as: Defendant stood very close to
plaintiff, shook __________ (his or her) fist in plaintiff's
face, and, using very foul language, threatened to strike
plaintiff if __________ (he or she) called the police.]
8. Plaintiff began to back away from defendant, moving
toward his front door, when defendant struck plaintiff in the
face with __________ [his or her] fist. Plaintiff returned the
blow and plaintiff and defendant battled until they were
separated by other persons. During the course of the
altercation defendant struck and kicked plaintiff numerous
times.
9. Defendant intended to cause and did cause a harmful
contact with defendant's person.
10. Plaintiff did not consent to defendant's act.
11. As a direct and proximate result of defendant's
conduct plaintiff suffered __________ [describe plaintiff's
injuries]. Plaintiff has also suffered extreme mental anguish
and physical pain. __________ [If applicable, add: Plaintiff
is informed and believes, and on that basis alleges, that
plaintiff has suffered a permanent disability.] These injuries
have caused plaintiff to suffer general damages in __________
[the amount of $__ or, if the action is brought in superior
court, an amount to be determined by proof at trial].
12. As a direct and proximate result of defendant's
conduct, plaintiff was required to obtain medical services and
treatment in __________ [the amount of $__ or, if the action is
brought in superior court, an amount to be determined by proof
at trial] __________ [if applicable, add: and will, in the
future, be compelled to incur additional obligations for medical
treatment in an amount to be determined by proof at trial].
13. __________ [If applicable, add one of the following
allegations, as appropriate]


[EITHER]

As a further direct and proximate result of defendant's conduct,
plaintiff was unable to work for a period of __________ [weeks
or months or as the case may be] and, accordingly, lost wages in
__________ [the amount of $__ or, if the action is brought in
superior court, an amount to be determined by proof at trial].



[OR]

As a further direct and proximate result of defendant's conduct,
plaintiff has been, and continues to be, unable to work since
the events described in this complaint and has suffered a loss
of earnings in an amount which has not yet been determined, but
which will be added by amendment when it is ascertained.
14. Defendant's act was done knowingly, willfully, and
with malicious intent, and plaintiff is entitled to punitive
damages in an amount to be determined by proof at trial.


SECOND CAUSE OF ACTION


(Assault)

15. Plaintiff incorporates by reference paragraphs 1-7
inclusive, and paragraphs 11-14, inclusive, of the First Cause
of Action as if fully set forth.
16. Defendant intended to cause and did cause plaintiff to
suffer apprehension of an immediate harmful contact.
WHEREFORE, plaintiff demands judgment against defendant, as
follows:
1. General damages in __________ [the amount of $__ or an
amount to be determined by proof at trial];
2. Medical and related expenses in __________ [the amount
of $__ or an amount to be determined by proof at trial];
3. Past and future lost earnings in __________ [the amount
of $__ or an amount to be determined by proof at trial];
4. Impairment of earning capacity in __________ [the
amount of $__ or an amount to be determined by proof at trial];
5. Punitive damages;
6. Costs of this action;
7. Any other and further relief that the court considers
proper.

DATED: _______________ __________________________________________
(Signature)
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