Consumer Protection Complaint

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

Case No.: [________________________________]

COMPLAINT FOR:

1. Violation of the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.)
2. Violation of the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.)
3. Violation of the False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.)

DEMAND FOR JURY TRIAL ON ALL ISSUES SO TRIABLE

Plaintiff [PLAINTIFF NAME] alleges against Defendants as follows:

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing in [COUNTY], California.

2. Plaintiff acquired the following goods or services primarily for personal, family, or household purposes: [DESCRIBE GOODS OR SERVICES]. Plaintiff is therefore a “consumer,” and the acquisition was a “transaction,” within Cal. Civ. Code § 1761(d)-(e).

3. Defendant [DEFENDANT NAME] is a [CORPORATION / LIMITED LIABILITY COMPANY / PARTNERSHIP / INDIVIDUAL] organized under the laws of [STATE], with its principal place of business at [ADDRESS]. Defendant sold, leased, advertised, supplied, or performed the goods or services described below.

4. Plaintiff does not presently know the true names and capacities of DOES 1 through [____] and therefore sues those defendants by fictitious names. Plaintiff will amend this Complaint when their identities and roles are discovered.

2. JURISDICTION AND VENUE

5. This Court has original jurisdiction under article VI, section 10 of the California Constitution.

6. Venue is proper in this County because:

☐ Defendant resides or has its principal place of business here.

☐ Defendant does business here.

☐ The transaction, or a substantial portion of it, occurred here.

☐ The contract was made or was to be performed here, the obligation or liability arose here, or the alleged breach occurred here. See Cal. Code Civ. Proc. § 395.5.

7. Concurrently with this Complaint, Plaintiff files the venue affidavit required by Cal. Civ. Code § 1780(d), stating facts showing that this County is a proper place for trial of the CLRA claim.

3. COMMON FACTUAL ALLEGATIONS

8. On or about [DATE], Plaintiff [PURCHASED / LEASED] [IDENTIFY GOODS OR SERVICES] from [DEFENDANT / SELLER] for $[AMOUNT].

9. Before the transaction, Defendant made or disseminated the following statement, representation, price display, label, omission, or advertisement: [QUOTE OR DESCRIBE PRECISELY].

10. The statement appeared in or through: [WEBSITE / APPLICATION / PACKAGE / LABEL / EMAIL / STORE DISPLAY / SALES PRESENTATION / OTHER]. A true and correct copy is attached as Exhibit [____], if available.

11. The statement or omission was untrue, misleading, incomplete, or deceptive because: [STATE THE SPECIFIC FACTS].

12. Defendant knew, or by exercising reasonable care should have known, the true facts because: [STATE WHO KNEW WHAT, WHEN, AND HOW].

13. The omitted fact was material because: [EXPLAIN WHY A REASONABLE CONSUMER WOULD CONSIDER IT IMPORTANT]. Defendant had a duty to disclose the fact because: [STATE THE FACTUAL AND LEGAL BASIS, IF AN OMISSION THEORY IS USED].

14. Plaintiff saw, heard, or otherwise received the challenged representation before the transaction and understood it to mean: [DESCRIBE].

15. Plaintiff relied on the challenged representation or omission by: [DESCRIBE THE PURCHASE DECISION OR OTHER CONDUCT]. Had Plaintiff known the truth, Plaintiff would not have entered the transaction or would have paid less.

16. As a result, Plaintiff suffered damage, injury in fact, and loss of money or property, including: [PURCHASE PRICE / PRICE PREMIUM / MONEY PAID / PROPERTY TRANSFERRED / OTHER ECONOMIC LOSS].

17. Plaintiff discovered the challenged practice on [DATE]. The alleged CLRA violations occurred within three years before this action, and the alleged UCL claim accrued within four years before this action. See Cal. Civ. Code § 1783; Cal. Bus. & Prof. Code § 17208.

4. CLRA NOTICE AND DEMAND

18. Plaintiff proceeds under the following route:

☐ Damages route. On [DATE], at least 30 days before filing this action, Plaintiff sent Defendant a written notice identifying the particular alleged violations of Cal. Civ. Code § 1770 and demanding correction, repair, replacement, or other rectification. The notice was sent by certified or registered mail, return receipt requested, to [THE PLACE OF TRANSACTION / DEFENDANT’S PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA]. Copies of the notice and proof of mailing are attached as Exhibit [____]. Defendant did not provide or agree to provide an appropriate remedy within 30 days after receipt.

☐ Injunction-first route. Plaintiff presently seeks only injunctive relief under the CLRA. Plaintiff does not request CLRA damages in this initial Complaint and will seek leave or amend as authorized only after satisfying Cal. Civ. Code § 1782(d).

5. FIRST CAUSE OF ACTION

Consumers Legal Remedies Act — Cal. Civ. Code § 1750 et seq.

19. Plaintiff incorporates paragraphs 1 through 18.

20. Plaintiff is a consumer who acquired goods or services for personal, family, or household purposes, and Defendant is a person who participated in a transaction intended to result, or that resulted, in their sale or lease. Cal. Civ. Code §§ 1761, 1770(a).

21. Defendant committed one or more of the following acts prohibited by Cal. Civ. Code § 1770(a):

☐ Misrepresented sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities of goods or services, or a person’s sponsorship, approval, status, affiliation, or connection. § 1770(a)(5).

☐ Misrepresented the standard, quality, or grade of goods or services, or the style or model of goods. § 1770(a)(7).

☐ Advertised goods or services with intent not to sell them as advertised. § 1770(a)(9).

☐ Represented that the transaction conferred or involved rights, remedies, or obligations that it did not have or involve, or that were prohibited by law. § 1770(a)(14).

☐ Represented that the subject of the transaction had been supplied in accordance with a previous representation when it had not. § 1770(a)(16).

☐ Advertised, displayed, or offered a price that omitted mandatory fees or charges not excluded by § 1770(a)(29). § 1770(a)(29).

☐ Other specifically applicable paragraph of § 1770(a): [IDENTIFY PARAGRAPH AND FACTS].

22. Plaintiff suffered damage as a result of Defendant’s conduct.

23. Subject to the notice route selected above, Plaintiff seeks the relief authorized by Cal. Civ. Code § 1780(a), including actual damages, an injunction, restitution of property, punitive damages when supported by the facts and law, and other proper relief.

24. Plaintiff also seeks court costs and reasonable attorney’s fees under Cal. Civ. Code § 1780(e).

25. If Plaintiff is a senior citizen or disabled person as defined by Cal. Civ. Code § 1761(f)-(g), Plaintiff seeks the additional award authorized by § 1780(b) only upon proof of each required statutory finding.

6. SECOND CAUSE OF ACTION

Unfair Competition Law — Cal. Bus. & Prof. Code § 17200 et seq.

26. Plaintiff incorporates paragraphs 1 through 25.

27. Defendant engaged in unlawful, unfair, or fraudulent business acts or practices, and unfair, deceptive, untrue, or misleading advertising, including:

☐ The CLRA violations alleged above.

☐ The False Advertising Law violations alleged below.

☐ Other unlawful predicate: [IDENTIFY STATUTE OR REGULATION AND FACTS].

☐ Unfair conduct: [STATE FACTS AND THE LEGAL TEST COUNSEL CONTENDS APPLIES].

☐ Fraudulent conduct likely to deceive members of the public: [STATE FACTS].

28. Plaintiff has standing under Cal. Bus. & Prof. Code § 17204 because Plaintiff suffered injury in fact and lost money or property as a result of the unfair competition.

29. Plaintiff seeks an injunction preventing the challenged practice and restitution of money or property acquired from Plaintiff by means of that practice, as authorized by Cal. Bus. & Prof. Code § 17203.

7. THIRD CAUSE OF ACTION

False Advertising Law — Cal. Bus. & Prof. Code § 17500 et seq.

30. Plaintiff incorporates paragraphs 1 through 29.

31. With intent to dispose of property or perform services, or to induce the public to enter an obligation relating to them, Defendant made or disseminated, or caused to be made or disseminated, the challenged statement before the public in California or from California.

32. The statement concerned the property, services, or a connected matter of fact and was untrue or misleading.

33. Defendant knew, or by exercising reasonable care should have known, that the statement was untrue or misleading. Cal. Bus. & Prof. Code § 17500.

34. Plaintiff suffered injury in fact and lost money or property as a result of the violation and therefore has private standing under Cal. Bus. & Prof. Code § 17535.

35. Plaintiff seeks an injunction preventing the challenged advertising and restoration of money or property acquired from Plaintiff by means of that advertising, as authorized by Cal. Bus. & Prof. Code § 17535.

8. PRAYER FOR RELIEF

Plaintiff requests judgment against Defendants as follows:

1. For actual damages under the CLRA, only if Plaintiff completed the damages-route prerequisites in Cal. Civ. Code § 1782;

2. For restitution of property under Cal. Civ. Code § 1780(a)(3);

3. For punitive damages under Cal. Civ. Code § 1780(a)(4), only to the extent supported by pleaded and proven facts and applicable law;

4. For any additional award authorized by Cal. Civ. Code § 1780(b), only if Plaintiff proves every required finding;

5. For restitution of money or property under Cal. Bus. & Prof. Code §§ 17203 and 17535;

6. For temporary, preliminary, and permanent injunctive relief authorized by the statutes and supported by the evidence;

7. For court costs and reasonable attorney’s fees under Cal. Civ. Code § 1780(e);

8. For pre- and postjudgment interest as allowed by law; and

9. For any other relief the Court deems proper.

9. JURY DEMAND

Plaintiff demands a jury trial on all issues for which a jury trial is available. See Cal. Const. art. I, § 16; Cal. Code Civ. Proc. § 631.

10. SIGNATURE

Dated: [__/__/____]

________________________________
[ATTORNEY OR SELF-REPRESENTED PLAINTIFF NAME]
[STATE BAR NUMBER, IF APPLICABLE]
[FIRM, IF APPLICABLE]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Plaintiff / Plaintiff in Pro Per

11. CLRA VENUE AFFIDAVIT

I, [PLAINTIFF NAME], declare:

1. I am the Plaintiff in this action and have personal knowledge of the facts stated here.

2. This action is properly filed in [COUNTY] County because:

☐ Defendant resides in this County.

☐ Defendant has its principal place of business in this County.

☐ Defendant does business in this County.

☐ The transaction, or a substantial portion of it, occurred in this County.

3. Supporting facts: [STATE SPECIFIC FACTS, ADDRESSES, AND TRANSACTION EVENTS].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

________________________________
[PLAINTIFF NAME]

12. EXHIBIT CHECKLIST

☐ Advertisement, label, price display, or representation

☐ Contract, receipt, invoice, or proof of payment

☐ CLRA notice and demand

☐ Certified or registered-mail receipt and delivery confirmation

☐ Defendant’s response, if any

☐ Photographs, test results, repair records, or other supporting documents

☐ Concurrent CLRA venue affidavit

SOURCES AND REFERENCES

• California Legislative Information — Civil Code § 1761
• California Legislative Information — Civil Code § 1770
• California Legislative Information — Civil Code § 1780
• California Legislative Information — Civil Code § 1782
• California Legislative Information — Business and Professions Code §§ 17200-17210
• California Legislative Information — Business and Professions Code § 17500
• California Legislative Information — Business and Professions Code § 17535
• California Legislative Information — California Constitution, Article VI
• California Legislative Information — Code of Civil Procedure § 395.5
• California Legislative Information — Code of Civil Procedure § 631