JASON CHAN
[ENTER ADDRESS]
Plaintiff in pro se
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF ________
JASON CHAN,
Plaintiff,
vs.
KEVIN LINCOLN,
Defendant
Case No.: __________
PLAINTIFF’S VERIFIED COMPLAINT
NOW COMES Plaintiff JASON CHAN (hereinafter “Plaintiff”), and files this Complaint
against KEVIN LINCOLN, Defendant, and for cause would show this Honorable Court as
follows:
A. PARTIES
1. Plaintiff JASON CHAN is a resident of the State of California with an address of
[ENTER ADDRESS].
2. Defendant Kevin Lincoln is a resident of the State of California with an address of
[ENTER ADDRESS].
B. . JURISDICTION AND VENUE
3. Jurisdiction exists in this Court pursuant to California Constitution, Article VI,
§10.
4. Venue is proper in this Court because the causes of action described herein took
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PLAINTIFF’S VERIFIED COMPLAINT – 2
place in ___________ County, the State of California.
C. STATEMENT OF FACTS
5. On or around [ENTER DATE], Plaintiff and Defendant entered into an agreement
in which Defendant agreed to lease a car from Plaintiff.
6. Under the agreement, Defendant was to pay Plaintiff [ENTER AMOUNT] after
every [ENTER DURATION].
7. Consequently, on or about September 15, 2021, title in and to the car was
transferred to the Defendant.
8. Upon the transfer, Defendant confirmed that he will continue paying, and will pay
the full amount back if he plans to sell the car.
9. Defendant’s last payment was on or about September 15, 2022
10. However, up until the filing of this complaint, Defendant has a balance of
[ENTER AMOUNT].
11. Defendant has refused to clear the balance, and has made threats to Plaintiff.
D. CAUSES OF ACTION
Breach of Contract
12. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-11 of this
Complaint as though set out in full herein.
13. “The elements of a claim for breach of contract are (1) existence of a valid
contract and (2) breach of the terms of [the] contract.” Poor v. Hill, 138 N.C. App. 19, 26, 530
S.E. 2d 838, 843 (2000).
14. A valid contract between Plaintiff and Defendant exists. It was executed by the
parties on [ENTER DATE]. Under the agreement, the parties agreed to perform their obligations
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PLAINTIFF’S VERIFIED COMPLAINT – 3
and that every party shall work towards the fulfillment of the contract.
15. Under the agreement, Defendant agreed to lease the Plaintiff’s car. Defendant
further agreed to make payments, under the lease. Further, when the title to the car was
transferred to Defendant, Defendant confirmed that he will continue paying, and will pay the full
amount back if he plans to sell the car.
16. However, up until the filing of this complaint, Defendant has a balance of
[ENTER AMOUNT]. Defendant’s last payment was on or about September 15, 2022. Also,
Defendant has refused to clear the balance, and has made threats to Plaintiff.
17. Defendant’s conduct does not amount to working towards the fulfillment of the
contract.
18. The foresaid Defendant’s action and/or inaction are a breach of the contract since
Defendant had agreed to perform his obligations in fulfillment of the agreement.
Specific Performance
19. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-19 of this
Complaint as though set out in full herein.
20. “Specific performance is available to a party only if that party has alleged and
proven that he has performed his obligations under the contract and that his remedy at law is
inadequate.”
21. Plaintiff has successfully pled his breach of contract claim above. There is
nothing else Plaintiff can do to make Defendant complete the balance of the money he owes to
Plaintiff. He requests this Court to issue an Order of Specific Performance compelling Defendant
to respond to pay in full, all the balance of money owed to Plaintiff
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PLAINTIFF’S VERIFIED COMPLAINT – 4
Preliminary and Permanent Injunction
22. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-22 of this
Complaint as though set out in full herein.
23. By failing to pay the owing amount to Plaintiff, Defendant is unjustly keeping
possession and/or ownership of the car. Plaintiff is therefore requesting this court to issue an
injunction against Defendant, to prevent Defendant from selling the car.
24. A preliminary injunctive relief is therefore necessary to protect against irreparable
harm during the pendency of the litigation. Without this relief, the court will be unable to render
a meaningful judgment on the merits. Besides, an adequate remedy at law is unavailable for
Plaintiff’s losses incidental and consequent to Defendant’s breach. Any award of damages would
not fully compensate Plaintiff for the harm caused by Defendant’s breach. Notably, if the court
does not grant this injunction, Plaintiff may lose both the car and the amounts owed by
Defendant.
25. This Court has the discretion to grant Preliminary Injunctive Relief. Plaintiff’s
motion for a preliminary injunction is properly within the Court’s discretion. The preliminary
relief requested is of the same character as the final relief sought in the complaint. The
injunctive relief requested does not therefore exceed the court’s jurisdiction or conflict with any
state law.
26. Plaintiff is also likely to succeed on the merits of the case. Notably, Plaintiff has
shown how a valid agreement existed between Plaintiff and Defendant, which agreement set
forth obligations of both parties. Also, Plaintiff has shown how Defendant reneged on the
agreement and failed to honor his payment obligations. Further, Defendant has threatened to sell
the car. If Defendant sells the car, Plaintiff may lose both the car and the pending amounts.
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PLAINTIFF’S VERIFIED COMPLAINT – 5
27. Lastly, the requested injunctive relief is tailored to suit Plaintiff’s harm. By
seeking to bar the sale of the car, Plaintiff seeks to protect himself from damages and/or losses
that would follow the sale of the car to wit, loss of both the car and any pending amounts owed
by Defendant.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. Grant judgment in favor of Plaintiff;
b. Issue a preliminary and permanent Injunctive relief against Defendant preventing the
Defendant from selling the car;
c. Issue an Order transferring the title to the car back to Plaintiff from Defendant;
d. Issue an Order of Specific Performance compelling Defendant to settle ALL pending
amounts in full;
e. Award Plaintiff damages for breach of contract;
f. Award Plaintiff punitive damages;
g. Award Plaintiff costs of this suit;
h. Award Plaintiff pre and post-judgment costs and interests;
i. Award Plaintiff such equitable relief as this Court deems fair; and
j. Award Plaintiff such other and further relief as this Court deems necessary and proper.
Dated this ____ day of November, 2022.
Respectfully Submitted,
___________________________________
JASON CHAN
Plaintiff in pro se
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PLAINTIFF’S VERIFIED COMPLAINT – 6
VERIFICATION
I, [ENTER NAME], being duly sworn depose and say 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 November, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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PLAINTIFF’S VERIFIED COMPLAINT – 7
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