Civil Complaint

Plaintiff [____________] ("Plaintiff") brings this action against Defendant [____________] ("Defendant") in the [United States District Court for the ____________ District of ____________ / Superior Court of the State of ____________, County of ____________]. This Court has [subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question) / 28 U.S.C. § 1332 (diversity of citizenship, the amount in controversy exceeding $75,000 exclusive of interest and costs) / original jurisdiction pursuant to [applicable state statute]]. Plaintiff is a [citizen of / corporation incorporated in and with its principal place of business in] [____________], and Defendant is a [citizen of / corporation incorporated in and with its principal place of business in] [____________].

Venue is proper in this District and Division pursuant to [28 U.S.C. § 1391(b) / applicable state venue statute] because a substantial part of the events and omissions giving rise to the claims asserted herein occurred within this District, Defendant regularly transacts business within this District, and/or Defendant is subject to personal jurisdiction within this District. Defendant has been, at all relevant times, subject to this Court's personal jurisdiction based on [Defendant's incorporation in this state / Defendant's continuous and systematic contacts with this forum / Defendant's commission of tortious acts within this state / the parties' contractual consent to jurisdiction in this forum].

Plaintiff hereby incorporates by reference all preceding paragraphs as though fully set forth herein. The following factual allegations are based on Plaintiff's personal knowledge, information, and belief formed after reasonable investigation: [On or about [____________], Defendant [describe conduct constituting the legal wrong, e.g., breached the contract dated ____________ by failing to deliver the goods specified in Purchase Order No. ____________; / negligently operated a motor vehicle at the intersection of ____________ and ____________, causing a collision that injured Plaintiff; / made materially false representations to Plaintiff regarding ____________, upon which Plaintiff reasonably relied to his/her detriment]]. All conditions precedent to Plaintiff's claims have been performed or have occurred.

FIRST CAUSE OF ACTION, [BREACH OF CONTRACT / NEGLIGENCE / FRAUD / OTHER]: Plaintiff re-alleges and incorporates herein all prior paragraphs. To state a claim for [breach of contract], Plaintiff alleges: (a) the existence of a valid, enforceable contract between Plaintiff and Defendant as evidenced by [the written agreement dated ____________]; (b) Plaintiff's performance of all conditions and obligations required of Plaintiff thereunder or excuse of non-performance; (c) Defendant's material breach of the contract by [____________]; and (d) damages proximately caused by Defendant's breach in an amount to be proven at trial but believed to exceed $[____________]. SECOND CAUSE OF ACTION, [____________]: [Allegations specific to second claim]. Plaintiff reserves the right to allege additional causes of action upon completion of discovery.

As a direct, foreseeable, and proximate result of Defendant's conduct as alleged herein, Plaintiff has suffered and continues to suffer damages including but not limited to: (a) compensatory damages in the amount of $[____________], representing [lost profits / unpaid contract amounts / out-of-pocket losses / property damage / medical expenses / lost wages]; (b) consequential and incidental damages in amounts to be proven at trial; (c) [emotional distress damages / reputational harm / loss of business opportunities] in amounts to be established by evidence; and (d) pre-judgment interest from the date of Defendant's breach or wrongful conduct at the applicable statutory or contractual rate.

Plaintiff further contends that Defendant's conduct [was willful, malicious, oppressive, and carried out with conscious disregard for Plaintiff's rights, entitling Plaintiff to an award of punitive and exemplary damages in an amount sufficient to punish Defendant and to deter similar conduct / constitutes a continuing violation entitling Plaintiff to injunctive and declaratory relief in addition to monetary damages]. Plaintiff requests that any injunctive relief awarded require Defendant to [immediately cease and desist from ____________ / restore ____________ / provide an accounting of ____________]. The damages sought are within the jurisdictional limits of this Court.

DEMAND FOR JURY TRIAL: Pursuant to [Rule 38 of the Federal Rules of Civil Procedure / applicable state court rule], Plaintiff hereby demands a trial by jury on all claims and issues so triable. This demand is timely made and is preserved as to all causes of action and all parties. Plaintiff specifically requests that the jury determine all issues of liability, causation, and damages with respect to all claims asserted herein, including any counterclaims, cross-claims, or third-party claims that may be filed in this action.

PRAYER FOR RELIEF: WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows: (a) compensatory damages in an amount to be proven at trial, but not less than $[____________]; (b) [punitive and exemplary damages in an amount sufficient to punish and deter]; (c) [preliminary and permanent injunctive relief as described herein]; (d) [declaratory judgment that ____________]; (e) pre-judgment and post-judgment interest at the maximum applicable rate; (f) Plaintiff's costs of suit and reasonable attorneys' fees as permitted by [applicable statute / contract provision / rule]; and (g) such other and further relief as this Court may deem just and proper.