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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 ____________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
) UNLIMITED CIVIL, DEMAND OVER $25,000
13 vs. )
) COMPLAINT FOR:
14 Any Defendant, Does 1-50, inclusive, )
) 1. MALICIOUS PROSECUTION
15 Defendants. ) 2. ABUSE OF PROCESS
) 3. INTENTIONAL INFLICTION OF EMOTIONAL
16 ) DISTRESS
)
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)
19 )
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- 1 -
COMPLAINT FOR MALICIOUS PROSECUTION AND ABUSE OF PROCESS
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Plaintiff, _________________, hereby complains and alleges as follows:
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1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all times

5 mentioned herein was, an individual, over the age of majority, residing in the City of _________,
6 County of _________, State of California.
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2. Defendants ______________, (hereinafter referred to as Defendants) upon
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information and belief, is now, and at all times mentioned herein were, individuals, over the age of
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majority, residing in the City of _________, County of _________, State of California.
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11 3. Defendant ___________________ upon information and belief is an individual over

12 the age of majority, is now, and at mentioned herein was, a licensed attorney doing business in the
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City of _________, County of _________, State of California.
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4. This court is the proper court for trial in this action in that the actions and omissions of
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Defendant as alleged herein were made within this Court’s jurisdictional area.
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17 5. Plaintiff is unaware of the true names or capacities, whether they are individuals or

18 business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious names
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and will seek leave of this Court to insert true names and capacities once they have been ascertained.
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6. At all times mentioned herein, Defendants, and each of them, inclusive of DOES
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1 through 50, were authorized and empowered by each other to act, and did so act, as agents of each
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23 other, and all of the things herein alleged to have been done by them were done in the capacity of

24 such agency. Upon information and belief, all Defendants are responsible in some manner for the
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events described herein and are liable to Plaintiff for the damages they have incurred.
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COMPLAINT FOR MALICIOUS PROSECUTION AND ABUSE OF PROCESS
1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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FIRST CAUSE OF ACTION

7 (Malicious Prosecution as against Defendants ________ )

8 7. Plaintiff realleges and incorporates by reference paragraphs 1 through 6, above, as


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though fully set forth herein.
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8. Plaintiff and defendant _____________had a previous business relationship in that
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Plaintiff previously worked for defendant for _____ years as an employee. On or about _________
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13 Plaintiff personally notified defendant that he was resigning his job working for defendant as of

14 ____________.
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9. On or about _________, defendant filed a civil action against plaintiff for LIST
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CAUSES OF ACTION SUCH AS INTERFERENCE WITH CONTRACTUAL RELATIONS,
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ETC. The action was filed in the Superior Court of California, County of ____________, Case
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19 Number and captioned __________________ vs. _________________.

20 10. On or about ________, a jury trial was held on the merits of defendants’ action against
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plaintiff. On or about _________, a verdict was rendered in favor of plaintiff.
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26 malicious-prosecution-in-california
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COMPLAINT FOR MALICIOUS PROSECUTION AND ABUSE OF PROCESS