State Court Complaint - Contract Breach

**PLAINTIFF’S ORIGINAL PETITION

(Breach of Contract — Texas State Court)**

TABLE OF CONTENTS

1. Discovery Control Plan ………………………………………………… 2
2. Parties …………………………………………………………………………… 2
3. Jurisdiction & Venue …………………………………………………… 3
4. Factual Background …………………………………………………… 3
5. Cause of Action — Breach of Contract ……………………… 4
6. Conditions Precedent ………………………………………………… 5
7. Attorney’s Fees …………………………………………………………… 5
8. Damages ……………………………………………………………………… 5
9. Rule 194 Initial Required Disclosures ……………………… 6
10. Jury Demand (Optional) ……………………………………………… 6
11. Prayer ………………………………………………………………………… 6
12. Request for Citation & Method of Service ………………… 7
13. Certificate of Service ………………………………………………… 7

CAUSE NO. _______

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

IN THE ____ JUDICIAL DISTRICT COURT
____ COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

Plaintiff [PLAINTIFF NAME] (“Plaintiff”) files this Original Petition against Defendant [DEFENDANT NAME] (“Defendant”), and would respectfully show the Court as follows:

1. DISCOVERY CONTROL PLAN (Tex. R. Civ. P. 190)

1.1 Plaintiff alleges that discovery should be conducted under Level [1/2/3] pursuant to Rule 190.[2/3/4] of the Texas Rules of Civil Procedure.

2. PARTIES

2.1 Plaintiff: [Full legal name], a [Texas/foreign] [individual/business entity] with its principal place of [residence/business] at [address].

2.2 Defendant: [Full legal name], a [Texas/foreign] [individual/business entity].
• Principal place of business/residence: [address].
• Registered agent for service: [name & address].

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction because the amount in controversy exceeds the minimum jurisdictional limits of this Court.

3.2 Pursuant to Tex. Civ. Prac. & Rem. Code §§ 15.001–.040, venue is proper in ____ County, Texas, because:
 (a) all or a substantial part of the events or omissions giving rise to this claim occurred in this county; and/or
 (b) Defendant resides or maintains its principal office in this county.

3.3 Rule 47 Statement of Relief Sought. Plaintiff seeks:
 □ Monetary relief of $250,000 or less
 □ Monetary relief over $250,000 but not more than $1,000,000
 □ Monetary relief over $1,000,000
 □ Non-monetary declaratory or injunctive relief

4. FACTUAL BACKGROUND

4.1 On or about [date], Plaintiff and Defendant entered into a written contract titled “[title]” (the “Contract”). A true and correct copy will be filed under seal or produced in discovery.

4.2 Key terms of the Contract include, but are not limited to:
 (a) Plaintiff’s obligation to [describe performance];
 (b) Defendant’s obligation to [describe performance/payment];
 (c) Performance deadlines of [deadlines]; and
 (d) Governing law clause designating Texas law.

4.3 Plaintiff fully performed, or was ready, willing, and able to perform, all contractual obligations.

4.4 Defendant breached the Contract by:
 (a) Failing to [describe breach];
 (b) Refusing to pay $[amount] when due on [date]; and
 (c) [Other acts/omissions].

4.5 As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages exceeding $[amount], exclusive of interest and costs.

5. CAUSE OF ACTION — BREACH OF CONTRACT

5.1 Plaintiff and Defendant entered into a valid, enforceable Contract.

5.2 Plaintiff performed or was excused from performing its contractual obligations.

5.3 Defendant materially breached the Contract as described above.

5.4 Defendant’s breach caused Plaintiff actual damages within the jurisdictional limits of this Court.

6. CONDITIONS PRECEDENT (Tex. R. Civ. P. 54)

6.1 All conditions precedent to Plaintiff’s claims have occurred, have been performed, or have been waived.

7. ATTORNEY’S FEES

(Tex. Civ. Prac. & Rem. Code § 38.001)

7.1 Plaintiff retained undersigned counsel and agreed to pay reasonable attorney’s fees.

7.2 Pursuant to § 38.001(8), Plaintiff is entitled to recover reasonable and necessary attorney’s fees incurred in prosecuting this action.

8. DAMAGES

8.1 Actual Damages: $[amount] for unpaid sums, cover costs, and other direct damages.

8.2 Consequential Damages: $[amount] for lost profits and other foreseeable losses.

8.3 Pre- and Post-Judgment Interest: At the maximum rate allowed by Tex. Fin. Code ch. 304.

8.4 Court Costs and Attorney’s Fees: As pleaded above.

9. RULE 194 INITIAL REQUIRED DISCLOSURES

9.1 Pursuant to Tex. R. Civ. P. 194, Plaintiff requests that Defendant timely provide all information and documents required by Rule 194.2 within 30 days of filing an answer.

10. JURY DEMAND (OPTIONAL)

10.1 Plaintiff demands a trial by jury and has tendered the requisite jury fee under Tex. R. Civ. P. 216.

11. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer, and that upon final trial, the Court enter judgment in favor of Plaintiff for:

a. Actual and consequential damages in an amount to be proven at trial;
b. Pre- and post-judgment interest as provided by law;
c. Reasonable and necessary attorney’s fees;
d. All costs of court; and
e. Such other and further relief, at law or in equity, to which Plaintiff may show itself justly entitled.

12. REQUEST FOR CITATION & METHOD OF SERVICE

(Tex. R. Civ. P. 99)

12.1 Plaintiff requests that the District Clerk issue citation for Defendant [DEFENDANT NAME] at the address stated in ¶ 2.2, and that the citation be served by:
 □ Certified Mail, return receipt requested;
 □ Private process server;
 □ Sheriff or constable;
 □ Other: [specify].

13. CERTIFICATE OF SERVICE

I certify that on [date], a true and correct copy of this Petition was served on all counsel of record/parties in accordance with Rule 21a of the Texas Rules of Civil Procedure.

_____________________________
[ATTORNEY NAME]

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Address]
[Phone] | [Fax] | [Email]

By: ________________________________
[ATTORNEY NAME]
State Bar No. [#######]
COUNSEL FOR PLAINTIFF
[PLAINTIFF NAME]