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Sample California Complaint for Negligent Supervision

Sample California Complaint for Negligent Supervision

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Published by Stan Burman
This sample California complaint contains causes of action for negligence and negligent supervision. The sample is based on a case where a minor and their parent were sued based on the negligent actions of the minor.

The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample California complaint contains causes of action for negligence and negligent supervision. The sample is based on a case where a minor and their parent were sued based on the negligent actions of the minor.

The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Published by: Stan Burman on Aug 28, 2013
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Any Attorney or Party 555 Any Street Any Town, CA 55555 (555) 555-5555 Any Attorney or Party

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF _______________ SAMPLE PLAINTIFF, ) ) Plaintiff, ) ) v. ) ) SAMPLE DEFENDANTS, ) ) Defendants. ) ) ) ) ____________________________________) CASE NO. Unlimited Civil, Demand over $25,000.00 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION

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 these notices before using this document.
Plaintiff, __________ hereby alleges against Defendants, and each of them, as follows: /// ///

- 1 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION

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PRELIMINARY ALLEGATIONS 1. Plaintiff, ___________, (“Plaintiff”) is now, and at all times relevant hereto was, an

individual, residing in the County of _________, State of California and was personally present in the City of _________________, County of __________, State of California. 2. Plaintiff is informed and believes and based thereon alleges that Defendant,

__________________, (“__________”) is now, and at all times relevant hereto was, an individual, a minor, residing in the City of ____________, County of _________, State of California. 3. Plaintiff is informed and believes and based thereon alleges that Defendant,

__________ (“____”) is now, and at all times relevant hereto was, an individual and the father of Defendant ___________, residing in the City of _________, County of ________, State of California. 4. Plaintiff is ignorant of the true names and capacities of the Defendants sued herein as

Does 1 through 50, inclusive, and therefore sues these Defendants by such fictitious names 1and 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. 6. The proper county for the trial of this action is the County of __________ because the

injury to Plaintiff occurred within this judicial district. /// ///

- 2 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION

California when she was struck by Defendant. bruising of the head and neck area. 9. 10. inclusive of this Complaint as if set forth in full in this paragraph. at which he was a student. He failed to do so. . Plaintiff has been damaged in an amount not yet ascertained. _______. The impact threw Plaintiff into ____________________ causing Plaintiff to suffer numerous injuries including passing out for several minutes. On or about __________. injuries. Defendant. 12. Do NOT just use the wording here unless it definitely applies to your particular situation.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 FIRST CAUSE OF ACTION (Negligence against Defendant ___________ and Does 1 through 50. inclusive) 7. Be sure to modify these paragraphs to suit your individual situation. 11. Plaintiff hereby incorporates by reference paragraphs 1 through 6. but which exceeds the jurisdictional minimum of this Court.3 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION . concussion. As a direct and proximate result of the negligence of Defendant. 8. who was racing his bicycle down the path behind _________ School. The negligence of Defendant. ___________. and muscle and tendon bruising. Plaintiff suffered injuries. Plaintiff was walking along a street in the City of _____ . ________ to operate his bicycle in such as a manner as to avoid causing injury to another person. ________. and which will be proven at time of trial. __________ was a proximate cause of the injuries But for the negligence of Defendant. Due to the failure of Defendant. Plaintiff would not have suffered suffered by Plaintiff. 13. ______________had a duty to operate his bicycle in such as a manner as to avoid causing injury to another person.

20. 16. As a direct and proximate result of the negligence of Defendant. 18. __________. Defendant ____ was negligent because he failed to exercise reasonable care to prevent Defendant. Plaintiff would not have suffered Plaintiff has been damaged in an amount not yet ascertained.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 SECOND CAUSE OF ACTION (Negligent Supervision against Defendant ________ and Does 1 through 50. injuries.4 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION . and based thereon alleges that. and that the negligence of Defendant __________ was a substantial factor in causing her to suffer injuries. . including his habit of racing his bicycle in an unsafe manner. and based thereon alleges that. 15. 17. ________’s habits or tendencies that created an unreasonable risk of harm to other persons. Plaintiff hereby incorporates by reference paragraphs 1 through 13. Do NOT just use the wording here unless it definitely applies to your particular situation. and which will be proven at time of trial. inclusive of this Complaint as if set forth in full in this paragraph. Plaintiff is informed and believes. Plaintiff is informed and believes. Be sure to modify these paragraphs to suit your individual situation. Defendant ____ had the opportunity and ability to control the conduct of Defendant. ___________. Plaintiff is informed and believes. ______. _______’s conduct. Plaintiff is informed and believes. Defendant ____ was fully aware of Defendant. and based thereon alleges that she has suffered injuries. and to exercise reasonable precautions to prevent harm to others. But for the negligence of Defendant. 19. and based thereon alleges that. but which exceeds the jurisdictional minimum of this Court. inclusive) 14.

and For such other and further relief as the Court deems just and proper. Plaintiff prays for judgment against Defendants. 2. and each of them. . Check your local rules.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 WHEREFORE. For costs of suit herein incurred. as follows: FOR ALL CAUSES OF ACTION 1. Remember that you have to prepare a Summons.5 COMPLAINT FOR NEGLIGENCE AND NEGLIGENT SUPERVISION . 3. For general and special damages in an amount according to proof at time of trial. and a Civil Cover Sheet when you file the complaint. _______________________________________________ ANY ATTORNEY OR PARTY Dated________________ Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Some counties have a local cover sheet as well.

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