This sample California complaint for assault and battery also includes a cause of action for intentional infliction of emotional distress. The sample could be modified to add other causes of action as well. This is a preview of the sample complaint sold by LegalDocsPro.
Ms Motilal Padampat Sugar Mills vs. State of Uttar Pradesh & Ors. - A Milesto...
Sample California complaint for assault and battery
1. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Any Attorney or Party
Any Street
Any Town, CA 99999
555-555-5555
Any attorney or party
Superior Court of the State of California
For the County of ____________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, Does 1-50, inclusive,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
UNLIMITED CIVIL, DEMAND OVER $25,000
VERIFIED COMPLAINT FOR:
1. ASSAULT
2. BATTERY
3. INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS
To subscribe to my FREE California weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address. Be sure to remove this notice and all other notices before
using this document.
1 Plaintiff, _________________, hereby complains and alleges as follows:
- 1 -
VERIFIED COMPLAINT
2. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all times
mentioned herein was, an individual, over the age of majority, residing in the City of _________,
County of _________, State of California.
2. Defendant ______________, (hereinafter referred to as Defendant) upon
information and belief, is now, and at all times mentioned herein was, an individual, over the age of
majority, residing in the City of _________, County of _________, State of California.
3. This court is the proper court for trial in this action in that the actions and omissions of
Defendant as alleged herein were made within this Court’s jurisdictional area.
4. Plaintiff is unaware of the true names or capacities, whether they are individuals or
business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious
names and will seek leave of this Court to insert true names and capacities once they have been
ascertained.
5. At all times mentioned herein, Defendants, and each of them, inclusive of DOES
1 through 50, were authorized and empowered by each other to act, and did so act, as agents of each
other, and all of the things herein alleged to have been done by them were done in the capacity of
such agency. Upon information and belief, all Defendants are responsible in some manner for the
events described herein and are liable to Plaintiff for the damages they have incurred.
FIRST CAUSE OF ACTION
(Assault as against Defendant ________ )
6. Plaintiff realleges and incorporates by reference paragraphs 1 through 5, above, as
though fully set forth herein.
- 2 -
VERIFIED COMPLAINT
3. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. On or about __________ , at approximately _______. M. plaintiff was in __________
their home reading when they heard very loud music. The music was so loud that it disturbed
plaintiff's quiet enjoyment of the evening.
8. Plaintiff went to the window at the front of their home to determine the source of the
music and saw defendant, who is plaintiff's neighbor, and several strangers leaning against
defendant's car which was parked in front of plaintiff's home. A large portable stereo, or "boom box"
as they are popularly known, sat on the hood of defendant's car and appeared to be the source of the
loud music.
9. Plaintiff walked out to where defendant and their companions were standing and
politely asked if defendant would lower the volume of the music.
10. Defendant refused and plaintiff again asked defendant to turn down the volume or
plaintiff would call the police. Defendant again refused and plaintiff turned and started back toward
their home.
11. Defendant then called plaintiff's name and plaintiff turned and faced defendant.
Defendant engaged in threatening conduct in that they _________________________________, and
using very foul, obscene and profane language, threatened to strike plaintiff if they called the police.
12. Plaintiff began to back away from defendant, moving toward his front door, when
defendant struck plaintiff in the face with their fist. Plaintiff returned the blow and plaintiff and
defendant battled until they were separated by other persons. During the course of the altercation
defendant struck and kicked plaintiff numerous times.
13. Defendant intended to cause and did cause plaintiff to suffer apprehension of an
immediate harmful contact.
To purchase the entire sample document on which this preview is
- 3 -
VERIFIED COMPLAINT