PLAINTIFFS ORIGINAL COMPLAINT

July 12, 2023

THE SUPERIOR COURT OF CALIFORNIA

COUNTY OF SONOMA

CIVIL & SMALL CLAIMS DIVISION

NICOLETTE ALBRECHT                             §

Plaintiff,                                                  §

§

v.                                                              §                 Case No:

§

GORDON SPRINGER; PETER                     §

GROOTENDORST; JESSE AMARAL;        §

DONNA BORN; DORTHY SANDERS;         §

DENISE CHAPMAN; TIMOTHY                  §

DUNNE; and DON DEMPSEY                       §

Defendants.                                             §

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES Nicollette Albrecht, Plaintiff, complaining of Defendants, Gordon Springer, Peter Grootendorst, Jesse Amaral, Donna Born, Dorothy Sanders, Denise Chapman, Timothy Dunne, and Don Dempsey, and for cause would show this Honorable Court as follows:

  1. PARTIES, JURISDICTION AND VENUE
  2. Plaintiff is a female adult of sound mind and a resident of Insert Address.
  3. Defendant Gordon Springer is a male adult of sound mind and a resident of Insert Address.
  4. Defendant Peter Grootendorst is a male adult of sound mind and a resident of Insert Address.
  5. Defendant Jesse Amaral is a male adult of sound mind and a resident of Insert Address.
  6. Defendant Donna Born is a female adult of sound mind and a resident of Insert Address.
  7. Defendant Dorothy Sanders is a female adult of sound mind and a resident of Insert Address.
  8. Defendant Denise Chapman is a female adult of sound mind and a resident of Insert Address.
  9. Defendant Timothy Dunne is a male adult of sound mind and a resident of Insert Address.
  10. Defendant Don Dempsey is a male adult of sound mind and a resident of Insert Address.
  11. Jurisdiction exists in this court pursuant to CA Civ. Pro. § 116.221.
  12. Venue is proper in this court because the causes of action occurred in the County of Sonoma.
  13. FACTS
  14. On July 7, 2020, Plaintiff entered into an Option (To Buy) Agreement with Defendants to purchase property located at 1729 Hearn Avenue.
  15. Plaintiff paid consideration in the sum of $10,000.00 to Gordon Springer.
  16. After the Agreement was executed, Defendants brought Plaintiff another agreement with terms unfavorable to Plaintiff.
  17. Plaintiff declined to sign the new agreement.
  18. Defendants also relisted the property at $300,000.00 more than what was agreed upon in the Option (To Buy) Agreement.
  19. ARGUMENT
  20. Plaintiff hereby alleges breach of contract on the part of Defendants.
  21. The court in Kumaraperu v. Feldsted (2015) 237 Cal. App. 4th 60 listed the elements of breach of contract as existence of the contract, Plaintiff’s performance or excuse for non-performance, Defendant(s)’ breach, and resulting damage to Plaintiff.
  22. A written contract may be pleaded either by its terms – set out in verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference – or by its legal effect. Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal. App. 4th 972.
  23. Plaintiff moves to show this Honorable Court the existence of contract between her and Defendants by attaching a copy of the Option (To Buy) Agreement to this Complaint as Exhibit 1.
  24. Plaintiff performed her contractual obligation by paying consideration in the sum of $10,000.00 to Gordon Springer.
  25. Defendants breached the Option (To Buy) Agreement by relisting the property at $300,000.00 more than what was agreed upon in the Agreement in order to make a deal with other developers and attempting to coerce Plaintiff to sign another agreement.
  26. As per the agreement, the option period runs from August 31, 2020 to August 31, 2021.
  27. As a result of Defendants’ breach of contract, Plaintiff will lose her $10,000.00.
  28. There is lack of good faith in Defendants’ actions. It occurs to Plaintiff that Defendants wanted Plaintiff to sign the new agreement to have her mistakenly breach the Option (To Buy) Agreement so that they could keep Plaintiff’s $10,000.00 and proceed to do business with other investors.
  29. PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant her the following reliefs:

  1. An order of specific performance compelling Defendants to uphold the terms of the Option (To Buy) Agreement and to perform their contractual obligations; and
  2. Award Plaintiff such further relief as this Honorable Court deems necessary and proper in the circumstances.

Dated:

Respectfully Submitted,

______________________________

Nicolette Albrecht

Insert Address

Insert State and ZIP Code

Insert Phone Number

Insert Email

VERIFICATION

I, Nicolette Albrecht, 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 the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

            I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

            (Name of Attorney), Attorney at Law

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