COMPLAINT

(Breach of Contract – Money Damages and Injunctive Relief)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

[// GUIDANCE: Complete the “Prayer Amount” consistent with Or. Rev. Stat. § 21.160 fee tiers and the $50,000 mandatory arbitration threshold under ORS 36.400.]

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. General Allegations
4. First Claim for Relief – Breach of Contract
5. [Optional] Second Claim for Relief – Unjust Enrichment
6. Damages
7. Prayer for Relief
8. Demand for Jury Trial
9. Verification (if required)
10. Signature Block
11. Certificate of Service

1. PARTIES

1.1 Plaintiff [PLAINTIFF] (“Plaintiff”) is a [state] [entity type] with its principal place of business at [address].

1.2 Defendant [DEFENDANT] (“Defendant”) is a [state] [entity type] with its principal place of business at [address]. Defendant may be served pursuant to Or. R. Civ. P. 7 D(3) at:
  (a) Registered Agent: [NAME & ADDRESS]; or
  (b) Any other manner permitted by Or. R. Civ. P. 7.

[// GUIDANCE: Insert additional defendants or fictitious names (“DOE” defendants) as appropriate under Or. R. Civ. P. 20.]

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Or. Const. art. VII § 9 and Or. Rev. Stat. § 14.030 because the amount in controversy exceeds $10,000 and is not exclusively within the jurisdiction of any other court or agency.

2.2 Venue is proper in [County] County under Or. Rev. Stat. § 14.080(1) because [the contract was executed / to be performed / Defendant resides] in this county.

3. GENERAL ALLEGATIONS

3.1 On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[TITLE]” (the “Agreement”). A true and correct copy will be lodged with the Court upon request or at trial.

3.2 The material terms of the Agreement include, without limitation:
  (a) Plaintiff agreed to [describe performance];
  (b) Defendant agreed to pay Plaintiff $[AMOUNT] according to the following schedule: [TERMS]; and
  (c) [Other key terms – deadlines, deliverables, exclusivity, etc.].

3.3 Plaintiff fully performed, or was ready, willing, and able to perform, all obligations under the Agreement or such performance was excused.

3.4 Beginning on or about [DATE], Defendant materially breached the Agreement by:
  (a) Failing to pay $[UNPAID AMOUNT] when due;
  (b) [Additional breaches].

3.5 Despite written notice dated [DATE] and a reasonable cure period provided pursuant to the Agreement, Defendant has failed and refused to cure its breaches.

3.6 As a direct and proximate result of Defendant’s breaches, Plaintiff has sustained damages in an amount presently estimated at $[DAMAGES], plus continuing losses, interest, and attorney fees.

3.7 The Agreement provides that the prevailing party in any action to enforce the Agreement is entitled to recover reasonable attorney fees and costs. Pursuant to Or. Rev. Stat. § 20.096(1), Plaintiff is entitled to its reasonable attorney fees and costs incurred herein.

4. FIRST CLAIM FOR RELIEF

(Breach of Contract)

4.1 Plaintiff realleges and incorporates paragraphs 1.1 through 3.7 as though fully set forth herein.

4.2 A valid, enforceable contract exists between Plaintiff and Defendant.

4.3 Plaintiff has performed all contractual obligations, conditions precedent, and covenants, or such performance has been excused.

4.4 Defendant materially breached the Agreement as set forth in paragraph 3.4.

4.5 Plaintiff has been damaged in an amount to be proven at trial but not less than $[DAMAGES].

4.6 Plaintiff is entitled to prejudgment interest at the contractual rate, or alternatively at the statutory rate of 9% per annum under Or. Rev. Stat. § 82.010(2), from [DATE] until paid.

4.7 Plaintiff is further entitled to specific performance and/or injunctive relief preventing Defendant from [describe injunctive relief sought], because monetary damages are inadequate to fully compensate Plaintiff.

5. [OPTIONAL] SECOND CLAIM FOR RELIEF

(Unjust Enrichment / Quantum Meruit – pled in the alternative)

5.1 Plaintiff realleges paragraphs 1.1 through 3.7 for this alternative claim.

5.2 In the event the Agreement is determined unenforceable, Plaintiff conferred valuable goods and/or services upon Defendant for which Defendant knowingly accepted and retained the benefit.

5.3 It would be unjust for Defendant to retain that benefit without paying Plaintiff its reasonable value, which is at least $[VALUE].

6. DAMAGES

6.1 Compensatory damages: $[PRINCIPAL DAMAGES].

6.2 Prejudgment interest: From [DATE] until entry of judgment at [CONTRACT RATE]% per annum (or statutory rate).

6.3 Attorney fees and costs pursuant to the Agreement and Or. Rev. Stat. § 20.096(1).

6.4 Equitable relief as outlined in ¶ 4.7.

[// GUIDANCE: Delete or revise any damage element that is unsupported by evidence or contract language.]

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment as follows:

A. For money damages in the amount of $[PRINCIPAL DAMAGES] or such other amount proved at trial;
B. For prejudgment interest as allowed by law or contract;
C. For specific performance and/or preliminary and permanent injunctive relief as described herein;
D. For Plaintiff’s reasonable attorney fees, costs, and disbursements pursuant to the Agreement and Or. Rev. Stat. § 20.096(1);
E. For post-judgment interest at the statutory rate; and
F. For such other and further relief as the Court deems just and equitable.

8. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable.
[// GUIDANCE: To perfect the demand, file and serve a separate “Demand for Jury Trial” and pay the jury fee pursuant to Or. Rev. Stat. § 10.061 and UTCR 6.030, unless waived.]

9. VERIFICATION – [OPTIONAL]

I, [NAME], am the [title] of Plaintiff and certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.

Date: ___ Place: _____

[NAME], [Title]

[// GUIDANCE: Oregon complaints are generally not verified unless required by statute or desired for strategic reasons.]

10. SIGNATURE BLOCK

DATED: ________

Respectfully submitted,

[LAW FIRM NAME]
Address: [street, city, state zip]
Phone: ([ ]) -_
Email: [attorney email]
OSB No. [Number]

By: ____
[ATTORNEY NAME], OSB No. [Number]
Of Attorneys for Plaintiff

11. CERTIFICATE OF SERVICE

I hereby certify that on [DATE] I caused a true and complete copy of the foregoing Complaint to be served on the parties or their counsel of record at the addresses set forth below by the following method(s):

☐ U.S. Mail  ☐ E-Service via ODYSSEY File & Serve  ☐ Email  ☐ Hand Delivery  ☐ Other: __

[List Names & Addresses]

DATED: _______

[ATTORNEY NAME]

APPENDIX A – KEY OREGON PROCEDURAL NOTES

[// GUIDANCE: Delete before filing.]

1. Pleading Standard: Or. R. Civ. P. 18 requires a “plain and concise statement” showing entitlement to relief. Itemize contract terms, breach, and damages with particularity.
2. Discovery Limits: Default discovery tools under Or. R. Civ. P. 36-46; depositions presumptively limited to one per party absent agreement or court order (UTCR 5. ) – customize your case management order accordingly.
3. Service of Summons: Ensure the Summons complies with Or. R. Civ. P. 7 B & 7 C. This Complaint alone does not effectuate service.
4. Mandatory Arbitration: If the prayer (exclusive of fees, costs, interest) is ≤ $50,000, the matter will be subject to court-annexed arbitration (ORS 36.400). Consider including an allegation of expected damages > $50,000 if you wish to avoid arbitration.
5. Electronic Filing: E-file via Odyssey pursuant to UTCR 21. Redact protected personal information per UTCR 21.090.

END OF TEMPLATE