Superior Court of the State of California

County of [COUNTY]

[PLAINTIFF NAME],

Plaintiff,

v.

[DEFENDANT INSURANCE COMPANY],

Defendant.

VERIFIED COMPLAINT FOR:

1. Breach of Written Contract (Insurance Policy)
2. Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing (“Bad Faith”)
3. Declaratory Relief (Code Civ. Proc. § 1060)
4. Unfair Competition (Bus. & Prof. Code § 17200 et seq.)
5. Injunctive Relief

DEMAND FOR JURY TRIAL

[// GUIDANCE: Always confirm local form-pleading requirements (e.g., CM-010 cover sheet) before filing.]

TABLE OF CONTENTS

1. Parties ……………………………………………………………………………… ¶ 1
2. Jurisdiction & Venue …………………………………………………………… ¶ 5
3. Definitions ………………………………………………………………………… ¶ 9
4. General Allegations …………………………………………………………… ¶ 14
5. Conditions Precedent ………………………………………………………… ¶ 25
6. First Cause of Action – Breach of Contract ………………………… ¶ 27
7. Second Cause of Action – Bad Faith …………………………………… ¶ 35
8. Third Cause of Action – Declaratory Relief ………………………… ¶ 44
9. Fourth Cause of Action – Unfair Competition ……………………… ¶ 50
10. Prayer for Relief ………………………………………………………………… p. 12
11. Jury Demand ……………………………………………………………………… p. 13
12. Verification ………………………………………………………………………… p. 14

PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all relevant times was, a resident of the State of California, County of [COUNTY].
2. Defendant [DEFENDANT INSURANCE COMPANY] (“Defendant” or “Insurer”) is, and at all relevant times was, an insurance company authorized to transact insurance in the State of California and doing substantial business in this County.
3. Plaintiff is informed and believes, and thereon alleges, that at all relevant times each defendant was the agent, servant, employee, alter ego, partner, and/or joint venturer of every other defendant, and in doing the acts alleged herein acted within the course and scope of such relationships.
4. Whenever reference is made to any act of any defendant, such allegations shall be deemed to mean the act and/or knowledge of each such defendant.

JURISDICTION & VENUE

5. This Court has subject-matter jurisdiction under Cal. Const. art. VI, § 10 and Code Civ. Proc. §§ 410.10, 85–86 because the amount in controversy exceeds the jurisdictional minimum of this Court.
6. Venue is proper in this County under Code Civ. Proc. § 395.5 because Defendant transacts business herein, issued the subject insurance policy to an insured located herein, and the loss occurred herein.
7. No contractual forum-selection or mandatory arbitration clause governs this dispute. Plaintiff exercises the constitutional right to trial by jury.
8. All pre-filing statutory requirements, including any notice or meet-and-confer obligations, have been satisfied or waived.

DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings stated:
a. “Policy” – Insurance policy number [POLICY NUMBER] issued by Defendant to Plaintiff, effective [EFFECTIVE DATES].
b. “Claim” – Plaintiff’s claim for benefits arising from the loss occurring on or about [DATE OF LOSS] and reported to Defendant on [DATE REPORTED].
c. “Covered Loss” – The property damage, business interruption, and other losses described in ¶ 14–18, falling within the Policy’s insuring agreement and not subject to any valid exclusion.
d. “Bad Faith” – Tortious breach of the implied covenant of good faith and fair dealing recognized under California law, including unreasonable failure to pay Policy benefits, to conduct a prompt and thorough investigation, and/or to settle a claim promptly and fairly.
e. “Punitive Damages” – Exemplary damages permissible under Cal. Civ. Code § 3294(a) upon proof of fraud, oppression, or malice by a managing agent.

GENERAL ALLEGATIONS

9. On [DATE], Plaintiff purchased the Policy from Defendant in exchange for valuable consideration, including payment of all premiums when due.
10. The Policy provided, inter alia, coverage for [TYPE OF COVERAGE] subject to limits of liability of $[LIMITS].
11. On or about [DATE OF LOSS], Plaintiff sustained the Covered Loss when [FACTUAL DESCRIPTION OF LOSS].
12. Plaintiff timely notified Defendant of the Covered Loss, fully cooperated with all requests, and satisfied all duties under the Policy.
13. Despite clear liability and proof of loss, Defendant:
    a. Unreasonably delayed and withheld payment of benefits;
    b. Failed to conduct a fair, thorough, and unbiased investigation;
    c. Misrepresented pertinent Policy provisions and California law; and
    d. Forced Plaintiff to retain counsel to obtain benefits rightfully owed.

CONDITIONS PRECEDENT

14. All conditions precedent to Defendant’s duty to perform under the Policy have occurred, been satisfied, or been waived.

FIRST CAUSE OF ACTION

(Breach of Written Contract – Against Defendant)
15–26. Plaintiff realleges ¶¶ 1–14 as though fully set forth herein.
27. The Policy constitutes a valid, binding contract.
28. Plaintiff performed all obligations required under the Policy, or performance was excused.
29. Defendant materially breached the Policy by failing and refusing to pay benefits due and owing.
30. As a direct and proximate result, Plaintiff has sustained damages in an amount to be proven at trial, plus prejudgment interest under Cal. Civ. Code § 3287(a).

[// GUIDANCE: Insert specific dollar amounts where known to avoid demurrer for uncertainty.]

SECOND CAUSE OF ACTION

(Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing – Against Defendant)
31–34. Plaintiff realleges ¶¶ 1–30.
35. Every insurance contract in California carries an implied covenant of good faith and fair dealing.
36. Defendant breached that covenant by the acts and omissions set forth in ¶ 13.
37. Defendant’s conduct was unreasonable, without proper cause, and committed with conscious disregard of Plaintiff’s rights.
38. Plaintiff seeks:
a. Economic damages, including unpaid Policy benefits;
b. Consequential damages proximately caused by Defendant’s conduct;
c. Reasonable attorney’s fees incurred to obtain Policy benefits (“Brandt fees”); and
d. Punitive Damages pursuant to Cal. Civ. Code § 3294.

THIRD CAUSE OF ACTION

(Declaratory Relief – Code Civ. Proc. § 1060 – Against Defendant)
39–43. Plaintiff realleges ¶¶ 1–38.
44. An actual, present, and justiciable controversy exists regarding the parties’ rights and obligations under the Policy.
45. Plaintiff seeks a judicial declaration that the Covered Loss is insured and that Defendant is obligated to indemnify Plaintiff for all covered damages, costs, and fees.

FOURTH CAUSE OF ACTION

(Unfair Competition – Bus. & Prof. Code § 17200 et seq. – Against Defendant)
46–49. Plaintiff realleges ¶¶ 1–45.
50. Defendant’s business practices, including the acts described in ¶ 13, are unfair, unlawful, and fraudulent, causing ongoing harm to the public.
51. Plaintiff seeks restitutionary disgorgement of ill-gotten gains, injunctive relief to prevent future violations, and any further relief the Court deems just and proper.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1. For compensatory damages according to proof;
2. For economic and consequential damages, including loss of use and business income;
3. For punitive and exemplary damages pursuant to Cal. Civ. Code § 3294;
4. For reasonable attorney’s fees recoverable under applicable California law;
5. For prejudgment and post-judgment interest;
6. For costs of suit herein incurred;
7. For declaratory and injunctive relief as set forth above; and
8. For such other and further relief as the Court may deem just and proper.

JURY DEMAND

Plaintiff hereby demands trial by jury on all issues so triable.

VERIFICATION

I, [NAME OF PLAINTIFF OR AUTHORIZED REPRESENTATIVE], am the [party/authorized agent] in the above-entitled action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.
Executed on [DATE], at [CITY], California.

[PRINT NAME]
[Title/Capacity]
Declarant

[// GUIDANCE: If filing an unverified complaint, omit this section; however, a verification may lessen the likelihood of a demurrer based on uncertainty.]

SIGNATURE BLOCK

Dated: [DATE]

[LAW FIRM NAME]
Attorneys for Plaintiff [PLAINTIFF NAME]

By: _____
[ATTORNEY NAME] (SBN [____])
[Email Address]
[Address]
[Phone] | [Fax]

OPTIONAL ADR STATEMENT

[// GUIDANCE: Some counties require inclusion of confidential mediation certificates or alternative dispute resolution packages at time of filing. Attach as separate documents where applicable.]

FILING CHECKLIST

• Civil Case Cover Sheet (Judicial Council Form CM-010)
• Summons (Form SUM-100)
• Complaint (this document)
• Notice of Case Assignment/ADR Packet (local rule-dependent)
• Proof of Service

[// GUIDANCE: Confirm local e-filing technical requirements (PDF text-searchable, bookmarks, OCR) and pay first-appearance fees.]

End of Document