Re: writing up the complaint for a breach of contract
Posted by Prairie Dawg on 6/27/05
I assume you are in California? I found one by googling
California+breach+of+contract+omplaint+form
About your not wanting to set out your best
arguments....that dog won't hunt. Plead it or lose it is the
rule
In fact, you're treading on thin ice here if you do not
really know what you're doing....I do not recommend do it
yourself law for the novice-not because you aren't a smart
person but that a single screwup is fatal.
If you insist on doing this yourself be my guest-I suggest a
trip to a real bricks and mortar law library. When you get
there ask one of the librarians to take you to a pleading
and practice manual. There are also form books such as Am.
Jur. 2d Pleading and Practice that will tell you what you
have to do to draft up a petition.
On 6/27/05, annie wrote:
> How do I organize and structure the material I have
> collected to initiate a breach of contract case? I have 1)
> a contract
> 2)documents that support my calims of the express and
> implied terms of the contract
> 3) and arguments and documents that the
> expression "permanent" means in this case that the other
> side cannot terminate (but they have been choking back the
> provisions of the contract, and notified me they intend to
> repudiate the entire thing.)
>
> How do I put all this together? I dont really want the
> bad guys to see my good arguments, but I am an amateur
> doing this pro se in Superior Court, so I dont want to
> speak poorly under pressure and leave stuff out, either.
>
> What are the "elements" I have to prove? What is
> the "cause of action" in this case, and how do I
> demonstrate it?
>
> When I make a statement that they "offered a contract" or
> I "tendered my consideration", do I have to cite a law?
>
> WHen do I get to say "I want money damages for past
> breaches and specific performance in the future" Do I
> have to cite laws and cases there?
Posts on this thread, including this one
- writing up the complaint for a breach of contract, 6/27/05, by annie.
- Re: writing up the complaint for a breach of contract, 6/27/05, by Prairie Dawg.