__[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