Arizona Superior Court – Complaint for Breach of Contract

(Professionally-Drafted Litigation Template – Ready for Attorney Customization)

[// GUIDANCE: This form is designed for use in any Arizona Superior Court. Confirm and update all county-specific requirements (e.g., local rules on font, page limits, filing fees, and compulsory arbitration thresholds) before filing.]

TABLE OF CONTENTS

1. Caption
2. Tier Designation & Compulsory Arbitration Certification
3. Complaint
   3.1. Parties
   3.2. Jurisdiction & Venue
   3.3. Factual Allegations
   3.4. Cause of Action – Breach of Contract
4. Prayer for Relief
5. Jury Demand (optional)
6. Verification (optional/if desired)
7. Signature & Rule 11 Certification
8. Certificate of Service

1. CAPTION

text
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF LEGAL NAME],
a [state & type of entity/individual],
Plaintiff,
v. Case No. __

[DEFENDANT LEGAL NAME],
a [state & type of entity/individual], COMPLAINT
(Breach of Contract)

[Jury Trial Demanded]*
[Tier ___ Assignment]
(Amount in Controversy: $___)
(Does ☐ / Does Not ☐ Qualify
for Compulsory Arbitration)
(Injunctive Relief Requested ☐)
(Declaratory Relief Requested ☐)

Assigned Judge: ____
*remove if no jury demand
[// GUIDANCE: Arizona Rule 10(d) requires the caption to state whether the matter is subject to compulsory arbitration and to identify the assigned Tier under Rule 26.2.]

2. TIER DESIGNATION & COMPULSORY ARBITRATION CERTIFICATION

1. Pursuant to Ariz. R. Civ. P. 26.2(c), Plaintiff designates this action as Tier [1/2/3] because the amount in controversy is $[AMOUNT], exclusive of interest, costs, and attorneys’ fees.
2. The amount in controversy [exceeds / does not exceed] the compulsory arbitration limit set by A.R.S. § 12-133 and local rule for [COUNTY] County; therefore, this matter [is / is not] subject to compulsory arbitration.

[// GUIDANCE: Most counties set the arbitration cap at $50,000; verify the current local rule.]

3. COMPLAINT

3.1. Parties

1. Plaintiff. [PLAINTIFF LEGAL NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized and existing under the laws of [STATE] with its principal place of business at [ADDRESS].
2. Defendant. [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual] organized and existing under the laws of [STATE] with its principal place of business at [ADDRESS].
3. Fictitious Defendants (if any). Plaintiff is presently unaware of the true names and capacities of DOES 1-10 and will amend this Complaint when their identities become known.

[// GUIDANCE: Arizona permits fictitious parties under Ariz. R. Civ. P. 10(f); remove if not necessary.]

3.2. Jurisdiction & Venue

4. This Court has subject-matter jurisdiction under A.R.S. § 12-123 because the amount in controversy exceeds the jurisdictional minimum for the Superior Court and arises under Arizona contract law.
5. Venue is proper in [COUNTY] County under A.R.S. § 12-401(1) because Defendant resides in this county / the contract was executed or to be performed in this county / the cause of action arose in this county.
6. Personal jurisdiction over Defendant is proper because Defendant [is domiciled in Arizona / transacted business in Arizona / consented to jurisdiction in the underlying contract].

3.3. Factual Allegations

7. On or about [DATE], Plaintiff and Defendant entered into a written agreement titled “[TITLE OF CONTRACT]” (the “Contract”), a true and correct copy of which is attached as Exhibit A.
8. Under the Contract, Plaintiff agreed to [PLAINTIFF’S OBLIGATIONS], and Defendant agreed to [DEFENDANT’S OBLIGATIONS], including but not limited to payment of $[AMOUNT] on or before [DUE DATE].
9. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract or was excused from performance.
10. Defendant breached the Contract by:
    a. Failing to pay $[AMOUNT] when due;
    b. [OTHER SPECIFIC BREACHES]; and
    c. Refusing to cure after written notice dated [DATE].
11. As a direct and proximate result of Defendant’s breach, Plaintiff has sustained damages of at least $[AMOUNT], plus pre- and post-judgment interest, attorneys’ fees, and costs.

[// GUIDANCE: Incorporate Rule 9(i) particularity if alleging fraud or special damages.]

3.4. Cause of Action – Breach of Contract

12. Plaintiff realleges and incorporates by reference paragraphs 1-11.
13. A valid and enforceable Contract exists between Plaintiff and Defendant.
14. Plaintiff performed all, or was excused from, its contractual obligations.
15. Defendant materially breached the Contract as set forth above.
16. Plaintiff has been damaged in an amount to be proven at trial but not less than $[AMOUNT].
17. Plaintiff is entitled to recover consequential damages, pre- and post-judgment interest, reasonable attorneys’ fees, and costs pursuant to [CONTRACT SECTION __/A.R.S. § 12-341.01(A)].
18. Plaintiff is further entitled to declaratory and injunctive relief to prevent ongoing and future breaches.

4. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:

A. Compensatory damages in an amount to be proven at trial but not less than $[AMOUNT];
B. Pre-judgment and post-judgment interest at the highest rate permitted by law or the Contract;
C. Reasonable attorneys’ fees and costs pursuant to A.R.S. § 12-341.01(A) and any applicable contractual provisions;
D. Preliminary and permanent injunctive relief enjoining Defendant from further breach and compelling specific performance, as appropriate;
E. Declaratory relief confirming Defendant’s obligations under the Contract; and
F. Such other and further relief as the Court deems just and proper.

5. JURY DEMAND (Optional – Ariz. R. Civ. P. 38)

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

[// GUIDANCE: Delete if a jury is not desired. Note that any contractual jury-trial waiver should be evaluated for enforceability under Arizona law.]

6. VERIFICATION (Optional)

text
STATE OF _ )
) ss.
COUNTY OF _ )

I, [NAME], [TITLE/POSITION] of Plaintiff, being first duly sworn, depose and say that I have read the foregoing Complaint and know the contents thereof to be true and correct to the best of my knowledge, information, and belief.

[NAME], [TITLE]

SUBSCRIBED AND SWORN before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____
[// GUIDANCE: Verification is not required for breach of contract claims under Arizona rules but may be used for strategic reasons, e.g., seeking provisional remedies.]

7. SIGNATURE & RULE 11 CERTIFICATION

text
DATED: ____, 20__

Respectfully submitted,

[LAW FIRM NAME]

By: ______
[ATTORNEY NAME]
[AZ Bar No. ______]
[ADDRESS]
[PHONE]
[EMAIL]

Attorney for Plaintiff
Pursuant to Ariz. R. Civ. P. 11, the undersigned certifies that he/she has read the foregoing pleading; that to the best of his/her knowledge, information, and belief it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose.

8. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was [filed using the Court’s e-filing system / delivered] and served upon:

• [OPPOSING COUNSEL NAME], [FIRM], [ADDRESS], via [SERVICE METHOD].

[ATTORNEY NAME]

[// GUIDANCE: Service of the Summons and Complaint must comply with Ariz. R. Civ. P. 4. Coordinate with your process server and file the Proof of Service once completed.]

ADDITIONAL PROCEDURAL NOTES (Non-Filing)

[// GUIDANCE: Do NOT include this section in the filed Complaint. Retain it for internal use.]

1. Summons. Prepare and file a Civil Summons (Form AOC-CR41F) concurrently with the Complaint.
2. Rule 26.1 Initial Disclosure Statement. Serve within 40 days after the filing of the first responsive pleading.
3. Early Meeting & Joint Report. Conduct the meeting of counsel and file the Joint Report and Proposed Scheduling Order within the timeframe set by the assigned judge’s scheduling minute-entry (typically 120 days from filing).
4. Injunctive Relief. If immediate relief is sought, prepare a separate Motion for Temporary Restraining Order and/or Preliminary Injunction with the required memorandum and proposed order (Ariz. R. Civ. P. 65).
5. Fee Deferral/Waiver. If Plaintiff seeks deferral, file Form AOC DF81F.

End of Document