__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for Plaintiff, __[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )COMPLAINT FOR DECLARATORY )RELIEF ON __[STATUTE/ _ _ _ _ _ _ _ _ _ _ _ _ _ ) ORDINANCE]__ 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, a governmental entity organized and existing under [Option 1] the __[Constitution/laws]__ of the State of California. [Option 2] an ordinance of the __[e.g., County of _ _ _ _ _ _]__. [Continue] Defendant, __[name]__, is __[title]__ and the person charged with __[describe responsibility for administering statute or ordinance]__. 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]__, a __[statute/ordinance]__ described as __[specify]__ was enacted by the __[e.g., California State Legislature/City Council of _ _ _ _ _ _ _ _]__. A copy of this __[statute/ordinance]__ is attached as Exhibit A and is incorporated by reference. This __[statute/ordinance]__ is in full force and effect. 5. __[State facts showing that statute or ordinance is being applied or could be applied to plaintiff and that application of the statute or ordinance interferes with or impairs plaintiff's rights and privileges]__. [Add if appropriate] 6. __[State facts showing that plaintiff has exhausted all administrative remedies]__. [Continue] [7.] An actual controversy now exists between plaintiff and defendants concerning their respective rights and duties. Plaintiff contends that the __[statute/ordinance]__ is invalid and unenforceable on its face and as applied to plaintiff in that __[state facts and contentions regarding statute's or ordinance's invalidity or unenforceability]__. Defendants dispute plaintiff's contentions and contend that the __[statute/ordinance]__ is valid and enforceable and applies to plaintiff. [8.] Plaintiff desires a judicial determination and declaration of plaintiff's and defendants' respective rights and duties concerning whether plaintiff's activities violate the __[statute/ordinance]__ and with respect to the validity and enforceability of the __[statute/ordinance]__ as applied to plaintiff. Such a declaration is necessary and appropriate at this time so that plaintiff may ascertain __[his/her/its]__ rights and duties without being subjected to liability for violation of the __[statute/ordinance]__. __[State any facts showing harm that may result to plaintiff if declaratory relief is not obtained]__. WHEREFORE, plaintiff demands judgment as follows: 1. That the Court declare plaintiff's and defendants' respective rights and duties under the __[statute/ordinance]__ and declare that the __[statute/ordinance]__ is not valid and enforceable against plaintiff. 2. For costs of this action and all other just relief. Date: _ _ _ _ _ _ [Signature] ________________________ __[Typed name]__ __[Title if relevant]__
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Legal Forms : Set Two