State Court Complaint - Personal Injury

COMPLAINT FOR PERSONAL INJURY – CALIFORNIA STATE COURT

(Template – For Attorney Customization)

TABLE OF CONTENTS

1. Document Header & Caption

2. Preliminary Allegations
   2.1 Parties
   2.2 Jurisdiction and Venue
   2.3 Doe Defendants

3. General Allegations (Facts)

4. Causes of Action
   4.1 First Cause of Action – Negligence
   4.2 [Optional] Second Cause of Action – Negligence Per Se
   4.3 [Optional] Additional Causes of Action (e.g., Premises Liability)

5. Damages Allegations

6. Prayer for Relief
7. Jury Demand
8. Verification

1. DOCUMENT HEADER & CAPTION

  [ATTORNEY OR FIRM NAME]  
  [State Bar No.]  
  [Street Address]  
  [City, State ZIP]  
  Telephone: [___-___-____]  
  Facsimile: [___-___-____]  
  E-Mail: [___]  

  Attorney for Plaintiff [PLAINTIFF NAME]

  SUPERIOR COURT OF THE STATE OF CALIFORNIA
  COUNTY OF [COUNTY NAME]
  ─────────────────────────────────────────
  [PLAINTIFF NAME],                                 )   Case No.: [___]  
                                                    )  
         Plaintiff,                                 )   COMPLAINT FOR PERSONAL INJURY  
  v.                                                )   (NEGLIGENCE)  
                                                    )  
  [DEFENDANT NAME(S)] and DOES 1-50,                )   [DEMAND FOR JURY TRIAL]  
                                                    )  
         Defendants.                                )  
  ─────────────────────────────────────────

2. PRELIMINARY ALLEGATIONS

2.1 Parties

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all relevant times was, an individual residing in the State of California, County of [___].
2. Defendant [PRIMARY DEFENDANT NAME] (“Defendant”) is, and at all relevant times was, a [corporation/LLC/individual/etc.] doing business in the County of [___], State of California.
3. The true names and capacities of DOES 1 through 50, inclusive, are presently unknown to Plaintiff, who therefore sues such defendants by fictitious names pursuant to Code Civ. Proc. § 474. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.
4. Each defendant was the agent, servant, employee, partner, joint venturer, alter ego, and/or co-conspirator of the other defendants, and in doing the things herein alleged was acting within the course and scope of such relationship and with the permission and ratification of each of the other defendants.

2.2 Jurisdiction and Venue

5. This Court has subject-matter jurisdiction under Code Civ. Proc. § 410.10 because the causes of action arise under California tort law and the amount in controversy exceeds $25,000.
6. Venue is proper in this County under Code Civ. Proc. § 395(a) because the injury-producing events occurred here and at least one defendant resides or does business here.

2.3 Doe Defendants

7. Plaintiff is informed and believes, and thereon alleges, that each DOE defendant was negligent, and such negligence was a proximate cause of Plaintiff’s injuries described below.

3. GENERAL ALLEGATIONS (FACTS)

8. On or about [DATE], at approximately [TIME], Plaintiff was [location – e.g., “lawfully walking on the sidewalk adjacent to 123 Main Street, Anytown, California”] when [describe incident factually and specifically: e.g., “Defendant’s delivery truck struck Plaintiff” OR “Plaintiff slipped on a wet substance in Defendant’s store aisle”].
9. [Set forth additional ultimate facts establishing duty, breach, causation, and damages. Identify any statutes, ordinances, or regulations breached if pursuing negligence per se.]
10. As a direct and proximate result of Defendants’ conduct, Plaintiff sustained severe physical injuries, including but not limited to [describe injuries], incurred medical expenses, suffered lost earnings, and experienced pain, suffering, and emotional distress.

4. CAUSES OF ACTION

4.1 First Cause of Action – Negligence

(Against All Defendants)

11. Plaintiff realleges and incorporates by reference Paragraphs 1 through [last] as though fully set forth herein.
12. Under California law, every person is responsible, not only for the result of his or her willful acts, but also for injuries to another caused by want of ordinary care or skill in the management of property or person. Cal. Civ. Code § 1714.
13. Defendants owed Plaintiff a duty of ordinary care in [describe the relevant activity or premises].
14. Defendants breached that duty by [specific acts/omissions].
15. Defendants’ breach was a substantial factor in causing Plaintiff’s injuries and damages as alleged.
16. Pursuant to California’s pure comparative fault system, Plaintiff’s recovery shall be reduced only by the percentage of fault, if any, attributable to Plaintiff.
17. Under Cal. Civ. Code § 1431.2 (Proposition 51), Defendants are jointly and severally liable for 100 percent of Plaintiff’s economic damages and severally liable for their comparative shares of noneconomic damages.

4.2 [Optional] Second Cause of Action – Negligence Per Se

(Against All Defendants)

18. Plaintiff realleges Paragraphs 1 through [last].
19. [Identify safety statute/regulation] was enacted to protect the class of persons that includes Plaintiff from the type of injury sustained herein.
20. Defendants violated the statute/regulation by [conduct], such violation constituting negligence per se.

4.3 [Optional] Additional Causes of Action

5. DAMAGES ALLEGATIONS

21. As a proximate result of Defendants’ acts and omissions, Plaintiff has incurred and will continue to incur:
    a. Past and future medical expenses, hospital costs, rehabilitation, and related health-care costs;
    b. Past and future loss of earnings and impairment of earning capacity;
    c. Past and future pain, suffering, inconvenience, anxiety, and emotional distress;
    d. [If applicable] Property damage and related losses;
    e. [If applicable] Loss of consortium;
    f. Pre-judgment and post-judgment interest as allowed by law; and
    g. Such other and further relief as the Court deems just and proper.

22. Plaintiff reserves the right to seek punitive damages if discovery reveals conscious disregard, oppression, fraud, or malice by any defendant.

23. Plaintiff acknowledges that certain categories of noneconomic damages may be subject to statutory limitations (e.g., Cal. Civ. Code § 3333.2 for professional negligence by a health-care provider). Plaintiff reserves the right to contest the applicability of any cap and to seek the maximum damages permitted by law.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

1. For general (noneconomic) damages according to proof;
2. For special (economic) damages according to proof;
3. For punitive or exemplary damages as permitted by law;
4. For pre-judgment interest under Cal. Civ. Code § 3288 and post-judgment interest under Cal. Civ. Proc. Code § 685.010;
5. For costs of suit incurred herein; and
6. For such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Plaintiff hereby demands trial by jury on all issues so triable as a matter of right under Article I, § 16 of the California Constitution and Code Civ. Proc. § 631.

8. VERIFICATION

  I, [PLAINTIFF NAME], am the Plaintiff in this action.  I have read the foregoing Complaint and am informed and believe that the matters stated therein are true.  I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

  Executed on [DATE], at [CITY], California.

  ____________________________________
  [PLAINTIFF NAME]

END OF COMPLAINT TEMPLATE