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PLAINTIFF’S ORIGINAL COMPLAINT – 1
XXX
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Plaintiff in pro per
IN THE SUPERIOR COURT OF XXX
IN AND FOR XXXX COUNTY
XXX,
Plaintiff,
vs.
XXX,
Defendants.
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES XXX, Plaintiff, and files this Complaint against XXX and
XXX, Defendants, and for cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX is a law-abiding male adult of sound mind residing and
doing business in the State of XXX.
2. Defendant XXX (hereinafter referred to as “Gail”) is a female adult of
sound mind residing and doing business in the State of XXX.
3. Defendant XXX (hereinafter referred to as “XXX) is a male adult of
sound mind residing and doing business in the State of XXX.
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PLAINTIFF’S ORIGINAL COMPLAINT – 2
4. Collectively, XXX and XXX will be referred to as “Defendants.”
B. JURISDICTION AND VENUE
5. Jurisdiction exists in this Court pursuant to Article VI, Section 10 of the
XXX Constitution.
6. Venue is proper in this Court because the events and causes of action described
herein took place within XXX County.
C. STATEMENT OF FACTS
7. Defendants willingly entered into a partnership agreement XXX and XXXX with the aim of forming a C-Corp which became known s XXX. The
resort has property located at XXX.
8. Prior to forming the partnership Plaintiff and Defendants collectively agreed that
they would participate in the project financially by funding it.
9. It was necessary to purchase the property at XXX and to get approval of a general plan for the pet care business. Defendants blatantly
refused to be directly involved in funding the purchase of the property and getting approval of a
general plan for the pet care business.
10. As a result of Defendants’ refusal to do the foregoing, Plaintiff was forced to do
90%+ of the work for two years without a wage. He also spent his personal resources which have
never been reimbursed.
11. Plaintiff had no choice but to cover the costs alone.
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PLAINTIFF’S ORIGINAL COMPLAINT – 3
D. CAUSES OF ACTION
Promissory Fraud and Deceit
12. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-14 of this
Complaint as though set out in full herein.
13. “The elements of fraud, which give rise to the tort action for deceit, are (a)
misrepresentation (false representation, concealment or disclosure); (b) knowledge of falsity (or
‘scienter’); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting
damage.” 5 Witkin, Summary of Cal. Law (9 th ed. 1988) Torts, § 676, p. 778; see also Civ. Code,
1709; Hunter v. Up-Right, Inc. (1993) 6 Cal.4th 1174 [26 Cal. Rptr.2d 8, 864 P.2d 88]; Molko v.
Holy Spirit Assn. (1988) 46 Cal. 3d. 1092, 1108 [252 Cal. Rptr. 122, 762 P.2d 46].
14. Defendants intentionally made a false representation to Plaintiff that they would
fund the project of the partnership between them. They knew that they would not fund the
project as agreed since they did not have the capacity to invest. Defendants intended that Plaintiff
relies on their false representation so that he could agree to be part of the partnership. Plaintiff
innocently relied on the promise that Defendants would fund the project to enter the partnership.
As a result of relying on the false promise and entering the partnership, Plaintiff was forced to
use his own resources and put in work and effort in the project while Defendants absolutely
refused to fulfil their financial obligations for no substantial reason.
15. “Promissory fraud” is a subspecies of the action for fraud and deceit. A promise
to do something necessarily implies the intention to perform; hence, where a promise is made
without such intention, there is an implied misrepresentation of fact that may be actionable fraud.
Union Flower Market, Ltd. v. Southern California Flower Market, Inc. (1938) 10 Cal. 2d 671,
676 [76 P.2d 503]; see Civ. Code, § 1710, subd. (4); 5 Witkin, Summary of Cal. Law, supra, §
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PLAINTIFF’S ORIGINAL COMPLAINT – 4
685, pp. 786-787.
16. Defendants promised to invest money into the project together with Plaintiff to
ensure its success. However, they knew that they would not invest as required, but they still
stated they would do so. That is a misrepresentation of the fact that they would not invest in the
project as agreed, and it constitutes actionable fraud.
17. An action for promissory fraud may lie where a defendant fraudulently induces
the plaintiff to enter into a contract. XXXX
915] ["tort of deceit" adequately pled where plaintiff alleges "defendant intended to and did
induce plaintiff to employ him by making promises … he did not intend to (since he knew he
could not) XXX. Allied Builders Corp. (1971) 21 Cal. App.3d 541,
549 [98 Cal. Rptr. 588], citing Horn v. Guaranty Chevrolet Motors (1969) 270 Cal. App.2d 477,
484 [75 Cal. Rptr. 871]; Squires Dept. Store, Inc. v. Dudum (1953) 115 Cal. App.2d 320, 323
[252 P.2d 418].
18. Defendants’ actions also constitute deceit which is defined by Cal. Civ. Code §
1710 as follows: “A deceit, within the meaning of the last section, is either (4) a promise, made
without any intention of performing it.”
19. As a result of the promissory fraud by Defendants, Plaintiff was forced to fulfil
Defendants’ financial obligations related to the required design and engineering to meet
Monterey County Planning Commission’s deadlines, which amount to $43,567. Plaintiff also
fulfilled Defendants’ legal and accounting obligations.
20. Due to constraints on Plaintiff’s part as a result of Defendants’ acts and/or
omissions, the opening of the Noah’s Park Pet Resort was delayed immensely. The business was
brought to a halt leading to unrealized gains.
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PLAINTIFF’S ORIGINAL COMPLAINT – 5
21. As a result of Defendants’ acts and/or omissions, Plaintiff has endured pain and
suffering. His stellar reputation among contractors, designers and county planning contacts
developed over the last 20 years has been ruined.
22. Defendants are liable for promissory fraud and ought to pay damages to Plaintiff.
Specific Performance
23. Plaintiff hereby incorporates the facts, allegations and cause of action in
Paragraphs 1-22 as though set out in full herein.
24. Cal. Civ. Code § 3392 stipulates thus: “Specific performance cannot be enforced
in favor of a party who has not fully and fairly performed all the conditions precedent on his part
to the obligation of the other party, except where his failure to perform is only partial, and either
entirely immaterial, or capable of being fully compensated, in which case specific performance
may be compelled, upon full compensation being made for the default.”
25. Plaintiff completed all the conditions and obligations on his part. On the other
hand, Defendants were not involved in the project in any way whatsoever. Plaintiff even went a
step further and fulfilled Defendants’ financial and legal obligations using his own resources. In
particular, Plaintiff spent $43,567 of his personal funds in the project.
26. In good faith, Plaintiff attempted to negotiate with Defendants to come to a
resolution in regard to the matter but Defendants have refused to reimburse the personal costs
incurred by Plaintiff in the project.
27. Plaintiff would like this Court to issue an Order of Specific Performance
compelling Defendants to reimburse Plaintiff’s incurred costs in the sum of $43,567.
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PLAINTIFF’S ORIGINAL COMPLAINT – 6
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. GRANT judgment in Plaintiff’s favor and against Defendants;
b. ISSUE an Order of Specific Performance compelling Defendants to reimburse
Plaintiff’s incurred costs in the sum of $43,567;
c. AWARD Plaintiff damages for pain and suffering and loss of his stellar reputation
among contractors, designers and county planning contacts developed over the last 20 years;
d. AWARD Plaintiff costs of this suit;
e. AWARD Plaintiff pre- and post-judgment interests;
f. AWARD Plaintiff such equitable relief as this Court deems fair; and
g. AWARD Plaintiff such further relief as this Court deems necessary and proper.
Dated this ____ day of XXX.
Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per
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PLAINTIFF’S ORIGINAL COMPLAINT – 7
VERIFICATION
I, XXX, being duly sworn depose and say that I am the Plaintiff in the above-entitled
action, that I have read the foregoing Complaint and know the contents thereof. That the same is
true of my own knowledge except as to those matters and things stated upon information and
belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of XXX.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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