STATE OF LOUISIANA
PARISH OF [PARISH]
___ JUDICIAL DISTRICT COURT — DIVISION “___”
DOCKET NO. “_”
[PLAINTIFF NAME],
Plaintiff
VERSUS
[DEFENDANT NAME],
Defendant
PETITION FOR BREACH OF CONTRACT
[// GUIDANCE: Louisiana style‐pleadings are titled “Petition,” not “Complaint,” per La. C.C.P. art. 891.]
TABLE OF CONTENTS
- Preliminary Statement
- Parties
- Jurisdiction & Venue
- Facts Common to All Claims
- Count I – Breach of Contract
- Damages
- Conditions Precedent & Performance
- Prayer for Relief
- Certification (La. C.C.P. art. 863)
- Request for Service & Citation
- Signature Block
1. PRELIMINARY STATEMENT
1.1 Plaintiff, [Plaintiff Name] (“Plaintiff”), brings this Petition for Breach of Contract against [Defendant Name] (“Defendant”) to obtain redress for Defendant’s failure to perform its contractual obligations, all as more fully set forth below.
2. PARTIES
2.1 Plaintiff is a [corporation/limited liability company/individual] organized under the laws of [State] with its principal place of business and domicile at [Address], Parish of [Parish], State of Louisiana.
2.2 Defendant is a [corporation/limited liability company/individual] domiciled in [Parish/State] with its principal place of business at [Address].
[// GUIDANCE: Insert additional defendants or alter domiciliary facts as needed.]
3. JURISDICTION & VENUE
3.1 This Court has subject-matter jurisdiction pursuant to La. Code Civ. Proc. Ann. art. 2.
3.2 Venue is proper in this Parish under La. C.C.P. arts. 42 & 76.1 because:
a. Defendant is domiciled in this Parish; and/or
b. The contract at issue was executed and/or to be performed in this Parish.
3.3 The amount in controversy exceeds the jurisdictional minimum of this Court, exclusive of interest and costs.
4. FACTS COMMON TO ALL CLAIMS
4.1 On or about [Contract Date], Plaintiff and Defendant entered into a written contract titled “[Contract Title]” (the “Contract”).
4.2 Under the Contract, Defendant was obligated to [describe key obligations—e.g., deliver goods, render services] by [Performance Deadline] in exchange for Plaintiff’s payment of [Price/Consideration].
4.3 Plaintiff fully performed, or was ready, willing, and able to perform, all of its obligations under the Contract, including but not limited to timely payment and cooperation.
4.4 Defendant materially breached the Contract by:
a. Failing to [specific breach, e.g., deliver conforming goods];
b. [Additional breaches].
4.5 As a direct and proximate result of Defendant’s breach, Plaintiff suffered damages described in Section 6 below.
5. COUNT I – BREACH OF CONTRACT
5.1 Plaintiff realleges and incorporates by reference Paragraphs 4.1–4.5 as though fully set forth herein.
5.2 The Contract is a valid and enforceable agreement supported by lawful consideration.
5.3 Defendant’s actions constitute material breaches of the Contract.
5.4 Plaintiff is therefore entitled to all remedies available under Louisiana law, including, without limitation, compensatory damages, specific performance, legal interest from date of judicial demand, and all costs of these proceedings.
6. DAMAGES
6.1 Plaintiff’s damages currently total not less than $[Amount], consisting of:
a. Direct losses: $[Amount];
b. Incidental and consequential damages: $[Amount];
c. Attorney’s fees and costs where allowed by law or contract;
d. Legal interest from date of judicial demand until paid.
[// GUIDANCE: Insert supporting schedules if required.]
7. CONDITIONS PRECEDENT & PERFORMANCE
7.1 All conditions precedent to Defendant’s performance have occurred, been satisfied, or have been waived.
7.2 To the extent any notice-and-cure period was required under the Contract, Plaintiff provided written notice on [Notice Date], and Defendant failed to cure within the contractual cure period.
[// GUIDANCE: Delete Paragraph 7.2 if no notice requirement existed.]
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that:
A. Defendant be duly cited and served as requested below;
B. After all due proceedings, there be judgment in favor of Plaintiff and against Defendant for:
1. Compensatory damages in an amount to be proven at trial, but not less than $[Amount];
2. Legal interest from the date of judicial demand until paid;
3. Specific performance and/or injunctive relief compelling Defendant to perform its contractual obligations, if appropriate;
4. Attorney’s fees and all costs of these proceedings, as provided by law or contract; and
5. All other general and equitable relief to which Plaintiff is entitled.
[// GUIDANCE: If the Contract includes a jury waiver, omit the next subsection.]
C. Plaintiff reserves the right to request a trial by jury pursuant to La. C.C.P. art. 1733 and will deposit jury costs as required.
9. CERTIFICATION (La. C.C.P. art. 863)
Undersigned counsel certifies that he/she has read the foregoing Petition; that to the best of counsel’s knowledge, information, and belief formed after reasonable inquiry, the Petition is not being presented for any improper purpose, the claims are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law, and the factual contentions have evidentiary support.
[// GUIDANCE: Article 863 is Louisiana’s analogue to FRCP 11.]
10. REQUEST FOR SERVICE & CITATION
Plaintiff requests that the Clerk of Court issue citation and that the Sheriff of [Parish] Parish serve:
[DEFENDANT NAME]
Through its registered agent for service of process:
[Registered Agent Name & Address]
Service is requested pursuant to La. C.C.P. arts. 1201 & 1231 et seq.
[// GUIDANCE: For out-of-state defendants, add long-arm service instructions (La. R.S. 13:3204).]
11. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (La. Bar No. _)
[Law Firm Name]
[Street Address]
[City], Louisiana [ZIP]
Tel: ([]) -_
Fax: ([]) -_
Email: [Attorney Email]
Counsel for Plaintiff, [Plaintiff Name]
Date: [____]
ADDITIONAL PRACTICE NOTES
[// GUIDANCE: The following notes are for attorney use and should be removed before filing.]
• Pleading Requirements:
– La. C.C.P. art. 891 requires a “short, clear and concise” statement; avoid surplusage.
– Attach the Contract as “Exhibit A” to the Petition and reference it in ¶ 4.1.
• Service Rules:
– Strictly adhere to La. C.C.P. arts. 1201–1265. In most parishes, the clerk automatically issues citation to the sheriff once costs are paid.
– If substituted or long-arm service is anticipated, include a specific request and attach the necessary affidavit.
• Discovery Limits:
– Under La. C.C.P. art. 1424, depositions are limited to one day of seven hours absent court order.
– Interrogatories are limited to thirty-five, including subparts, unless otherwise agreed or ordered (La. C.C.P. art. 1457).
– Consider serving discovery contemporaneously with service of citation to expedite the case schedule.
• Jury Trial Considerations:
– File a written request and deposit required costs within the statutory period (La. C.C.P. art. 1733).
– Claims for specific performance alone are equitable and may not be triable to a jury (La. C.C.P. art. 1732).
• Injunctive Relief:
– If immediate injunctive relief is required, file a separate “Verified Petition for Temporary Restraining Order and Preliminary Injunction” under La. C.C.P. arts. 3601 et seq. and consolidate with this action.
• Amendments:
– La. C.C.P. art. 1151 allows amendment once before answer is filed; thereafter only by leave of court or consent. Build this into your litigation timeline.
END OF TEMPLATE