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1 Any Attorney or Party

Any Street
2 Any Town, CA 99999

3 555-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of ____________

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
) UNLIMITED CIVIL, DEMAND OVER $25,000
13 vs. )
) COMPLAINT FOR:
14 Any Defendant, Does 1-10, inclusive, )
) 1) FOR SPECIFIC PERFORMANCE OR
15 Defendants. ) DAMAGES BASED UPON BREACH OF
) EXPRESS CONTRACT;
16 )
) 2) TO IMPOSE CONSTRUCTIVE TRUST BASED
17 ) ON BREACH OF EXPRESS CONTRACT;
)
18 ) 3) TO IMPOSE CONSTRUCTIVE TRUST OR
) DAMAGES BASED ON BREACH OF IMPLIED IN
19 ) FACT CONTRACT;
)
20 ) 4) DECLARATORY RELIEF;
)
21 ) 5) FRAUD AND DECEIT;
)
22 ) 6) INTENTIONAL INFLICTION OF EMOTIONAL
) DISTRESS
23 )
) 7) NEGLIGENT INFLICTION OF EMOTIONAL
24 ) DISTRESS
)
25 ) 8) PARTITION
)
26 )
)
)
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CIVIL COMPLAINT
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COMES NOW, Plaintiff, ___________, referred to as, "Plaintiff" (hereinafter), and for causes
11
of action, alleges as follows:
12

13 1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all times

14 mentioned herein was, an individual, over the age of majority, residing in the City of _________,
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County of _________, State of California.
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2. Defendant ______________, (hereinafter referred to as Defendant) upon
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information and belief, is now, and at all times mentioned herein was, an individual, over the age of
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19 majority, residing in the City of _________, County of _________, State of California. The

20 Agreement entered into between the parties was to be performed in the State of California, in
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___________ County and elsewhere.
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3. Plaintiff is unaware of the true names and capacities, whether individual, corporate,
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associate or otherwise of the Defendants sued herein as DOES 1 through 10, inclusive. Plaintiff will
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25 seek leave to amend this Complaint to set forth the true names and capacities of said Defendants

26 when the same have been ascertained. Plaintiff is informed and believes and thereon alleges that
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each of the Defendants named herein as DOES 1 through 10, inclusive is intentionally or negligently
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CIVIL COMPLAINT
1 responsible, or is otherwise legally responsible, in some manner, either vicariously or by virtue of his,
2 her, or its own conduct, negligence or failure to act, or for the conduct, negligence or failure to act on
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the part of his, her, or its agents, servants or employees, for the acts and occurrences herein referred
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to, and has proximately caused injury and damages thereby to Plaintiff as result of their conduct
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hereinafter described.

7 4. Plaintiff is informed and believes and thereon alleges that at all times herein

8 mentioned, the Defendants and the Defendants DOES 1-10, and each of them, were the agents or
9
employees of each other, and were at all times acting within the purpose, scope and course of said
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agency, and employment, and with full knowledge and consent of each other.
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5. That the above named Defendants, and each of them, claim some right, title, estate,
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13 lien or interest in the hereinafter described property.

14 FIRST CAUSE OF ACTION


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(FOR SPECIFIC PERFORMANCE OR DAMAGES BASED ON BREACH OF EXPRESS
16
CONTRACT against all Defendants)
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6. That in or about _____________, Plaintiff and Defendant met and soon thereafter
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19 entered into an oral agreement wherein Defendant agreed that during the time that the parties

20 maintained their relationship the Defendant would combine his skills, efforts, labor and earnings and
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would share equally with Plaintiff any and all property acquired and accumulated as a result of his
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skills, efforts, labor and earnings, said agreement to be performed wherever the parties were situated.
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(a) It was further agreed that Plaintiff and Defendant would hold themselves out to the general
24

25 public as husband and wife, and Plaintiff would further render services, which included but was not

26 limited to a nurse, confidante, companion, homemaker, housekeeper, cook, social- companion and
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advisor to Defendant.
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CIVIL COMPLAINT
1 (b) That the parties further agreed that in the event of dissolution of their relationship by
2 death, separation or otherwise, that all of Defendant's property acquired during the period of time of
3
the parties' relationship as a result of his skills, efforts, labor and earnings would be divided equally.
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7. It was further agreed as follows:
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A. Defendant would then and thereafter provide for all Plaintiffs financial support and

7 need for the rest of her life in the same style and manner that was established during the parties'

8 relationship consistent with Defendant's annual earnings and accumulations.


9
B. That defendant would provide finances for the benefit of Plaintiff.
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C. That Plaintiff and Defendant would be married.
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8. That pursuant to, in confirmation of, and in reliance upon the said agreement, Plaintiff
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13 and Defendant maintained relationship from in or about ________ through in or about

14 ____________. Throughout said relationship, said agreement between Plaintiff and Defendant was
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reaffirmed and ratified by the parties.
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9. That Plaintiff has at all times performed each and every covenant and condition by her
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to be performed and rendered services and contributed her skills, efforts, and labor as required by the
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19 terms of the agreement.

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CIVIL COMPLAINT