Pleading - Nevada Law Blog



COMP

FIRM NAME

YOUR NAME, Esq.

Nevada Bar No. ___

ADDRESS

CITY, Nevada ZIP

PHONE

yourname@

Attorneys for Plaintiff

district court

clark county, nevada

|PLAINTIFF, LLC, a Nevada Limited Liability Company, |Case No: ________________ |

| |Dept. No.: ______________ |

|Plaintiff, | |

| |COMPLAINT FOR: |

|vs. |1. Breach of Contract; |

| |2. Breach of Covenant of Good Faith and |

|DEFENDANT, an individual, DOES I through X, inclusive, and ROE |Fair Dealing - - Contract |

|CORPORATIONS I through X, inclusive, |3. Breach of Covenant of Good Faith |

| |and Fair Dealing - - Tort; |

| |4. Unjust Enrichment; |

|Defendants. | |

| | |

| |Exempt from Arbitration: Relief Requested is in excess of $50,000 |

PLAINTIFF, LLC, by and through its attorneys of record, FIRM NAME, alleges as its complaint against Defendants, and each of them, as follows:

JURISDICTION

PLAINTIFF, LLC (hereinafter “PLAINTIFF”) is a Nevada Limited Liability Company and at all times relevant hereto conducting business in Clark County, Nevada.

Defendant DEFENDANT (hereinafter “DEFENDANT”) is and was at all times relevant hereto, a resident of Clark County, Nevada, whose actions complained of in this matter took place in Clark County, Nevada.

Defendant Does I through X and Roe Corporations I through X are persons or entities that, at all times material hereto, committed acts, activities, misconduct or omissions which make them jointly and severally liable under the claims for relief set forth herein. The true names and capacities of the Doe Defendants and Roe Corporate Defendants are presently unknown, but when ascertained, Plaintiff requests leave of Court to amend the Complaint to substitute their true names and identities.

Include a jurisdictional statement as required by NRCP 8. This Court has jurisdiction over this matter pursuant to Nev. Const. art. VI, § 6, as this Court has original jurisdiction in all cases not assigned to the justices’ courts.

This Court has subject matter jurisdiction over this matter pursuant to NRS 4.370(1), as the matter in controversy exceeds $15,000, exclusive of attorney fees, interest, and costs.

allegations common to all causes of action

Tell all of the details of the relationship between Plaintiff and DEFENDANT, as well as the story of the dispute.

On August 8, 2018, PLAINTIFF and DEFENDANT entered into an agreement (the “Agreement”).

On October 19, 2018, DEFENDANT’s breached the Agreement by . . . . . .

[Next, each cause of action should contain a bare-bones black letter statement of the legal elements of the claim without any further statement of fact unless necessary to refer back to facts already alleged. Couple these black letter statements with facts (referencing the Facts Common to All Causes of Action) sufficient such that the complaint is not merely a “[t]hreadbare recital of the elements of a cause of action, supported by mere conclusory statements.” Ashcraft v. Iqbal, 129 S.Ct. 1937, 1949 (2008). Follow the style below.]

FIRST CAUSE OF ACTION

(Breach of Contract)

Plaintiff repeats and realleges its allegations hereinabove inclusively, as through set forth herein, and incorporates the same by this reference.

Defendants, and each of the, entered into an Agreement with PLAINTIFF.

Defendants, and each of them, breached the Agreement with PLAINTIFF.

The breach by Defendants was not the result of a failure by PLAINTIFF to perform any condition precedent. All conditions precedent, if any, were performed by PLAINTIFF.

PLAINTIFF fully performed its obligations under the Agreement.

PLAINTIFF is entitled to interest at the contract rate of 18% per annum.

As a direct and proximate result of Defendants actions, Plaintiff has been damaged in excess of $15,000, in an amount to be determined at the time of trial.

As a direct and proximate result of the aforesaid acts, it has become necessary for Plaintiff to secure the services of an attorney, and Plaintiff is entitled to recover fees and costs incurred herein as damages.

SECOND CAUSE OF ACTION

(Breach of Covenant of Good Faith and Fair Dealing--Contract)

Plaintiff repeats and realleges its allegations hereinabove inclusively, as through set forth herein, and incorporates the same by this reference.

All contracts within the State of Nevada contained an implied covenant of good faith and fair dealing.

Defendants, and each of them, breached the covenant of good faith and fair dealing.

PLAINTIFF had a justified and reasonable expectation to receive certain benefits from the Agreement between PLAINTIFF and Defendants (LIST THEM). Defendants performed under the Agreement in such a manner that they were unfaithful to the purposes of the Agreement (LIST HOW).

Defendants’ unfaithful actions were deliberate.

As a direct and proximate result of Defendants actions, Plaintiff has been damaged in excess of $15,000, in an amount to be determined at the time of trial.

As a direct and proximate result of the aforesaid acts, it has become necessary for Plaintiff to secure the services of an attorney, and Plaintiff is entitled to recover fees and costs incurred herein as damages.

THIRD CAUSE OF ACTION

(Breach of Covenant of Good Faith and Fair Dealing--Tort)

Plaintiff repeats and realleges its allegations hereinabove inclusively, as through set forth herein, and incorporates the same by this reference.

All conctracts within the State of Nevada contained an implied covenant of good faith and fair dealing.

Defendant DEFENDANT and Plaintiff enjoyed a special relationship of trust.

Defendant DEFENDANT breached the covenant of good faith and fair dealing (DESCRIBE HOW).

PLAINTIFF had a justified and reasonable expectation to receive certain benefits from the Agreement between PLAINTIFF and Defendants. Defendants performed under the Agreement in such a manner that they were unfaithful to the purposes of the Agreement.

As a direct and proximate result of Defendant’s actions, Plaintiff has been damaged in excess of $15,000, in an amount to be determined at the time of trial.

Defendant DEFENDANT’s actions were committed with malice and oppression, entitling Plaintiff to punitive damages in an amount to be determined at the time of trial.

As a direct and proximate result of the aforesaid acts, it has become necessary for Plaintiff to secure the services of an attorney, and Plaintiff is entitled to recover fees and costs incurred herein as damages.

FOURTH CAUSE OF ACTION

(Unjust Enrichment)

Plaintiff repeats and realleges its allegations hereinabove inclusively, as through set forth herein, and incorporates the same by this reference.

PLAINTIFF conferred upon Defendants, and each of them, certain valuable benefits.

Defendants, and each of them, appreciated and retained the benefits conferred upon them by PLAINTIFF under circumstances where it would be unjust and inequitable for Defendants to have retained the benefits.

As a direct and proximate result of Defendant’s actions, Plaintiff has been damaged in excess of $15,000, in an amount to be determined at the time of trial.

As a direct and proximate result of the aforesaid acts, it has become necessary for Plaintiff to secure the services of an attorney, and Plaintiff is entitled to recover fees and costs incurred herein as damages.

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

For an order of this court awarding damages against Defendants, and each of them, in an amount in excess of $15,000;

For an award of punitive damages in an amount to be determined at the time of trial;

For attorney fees, costs, and interest incurred as damages as a result of having to bring this action; and

For such further relief as the Court deems just and necessary in the premises.

LAW FIRM

By

YOUR NAME, Esq.

Nevada Bar No. ____

ADDRESS

Las Vegas, Nevada ZIP

Attorney(s) for Plaintiff

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