__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for Plaintiff, __[name]__


            _ _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )COMPLAINT FOR DECLARATORY
                                                                          )RELIEF ON __[WRITTEN/ORAL]__
_ _ _ _ _ _ _ _ _ _ _ _ _  )   CONTRACT
                               Defendant(s))
_________________________  )

Plaintiff, __[name]__, alleges:
     1.   Plaintiff is now, and at all times mentioned in this
complaint has been, __[e.g., a corporation duly organized and
existing under the laws of the State of California]__.
     2.   Defendant, __[name]__, is now, and at all times
mentioned in this complaint has been, __[e.g., a resident of _ _
_ _ _ _ County, California]__.
     3.   Plaintiff does not know the true names of defendants
sued as Doe 1 through Doe __[number of fictitiously named
defendants]__.
     4.   On or about __[date]__, plaintiff and defendant entered
into a __[written/oral]__ contract that provided __[state
essential provisions of contract between parties]__.
                    [Add if written contract]
     A copy of this contract is attached as Exhibit A and is
incorporated by reference.
                           [Continue]
     5.   Thereafter, __[state facts giving rise to actual
controversy between parties]__.
     6.   An actual controversy has arisen and now exists between
plaintiff and defendant concerning their respective rights and
duties under the contract in that __[state plaintiff's
contention, e.g., concerning the construction, validity,
interpretation, or effect of contract]__. Defendant disputes
plaintiff's contention and contends that __[state defendant's
contention]__.
     7.   Plaintiff desires a judicial determination and
declaration of plaintiff's and defendant's respective rights and
duties under the contract and specifically whether under the
contract __[state desired declaration, e.g, plaintiff's
interpretation of the contract is correct and defendant is
obligated to perform the disputed acts under the contract]__.
     8.   The declaration is necessary and appropriate at this
time so that plaintiff can determine __[his/her/its]__ 
__[rights/
obligations and duties]__ under the contract. __[Continue with
facts showing need for declaration, particularly any financial or
other burdens caused by unsettled state of affairs resulting from
different interpretations of contract and, when appropriate, that
other remedies are inadequate]__.
     WHEREFORE, plaintiff demands judgment as follows:
     1.   That the Court declare that the __[written/oral]__
contract obligates defendant to __[state defendant's
obligation(s)]__.
     2.   __[For attorneys' fees if provided for in the contract
or by statute]__.
3.   For costs of this action and all other just relief.

Date: _ _ _ _ _ _                                          [Signature]
                                                                                                                                            ________________________
                                                                                                                                            __[Typed name]__
                                                                                                                                            Attorney for _ _ _ _ _ _ _ _ 
      


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Legal Forms : Set Two