What follows is a some free legal information regarding the above titled
matter for educational and discussion purposes only. This is not to be used in
all matters or cases, and each matter or case is different. What follows is for
discussion purposes only and should not be used in any particular matter or
case. It is an example from what has been used in another matter or case, and
will like not apply to someone else's matter or case.
L. SCOTT KARLIN, ESQ.
LAW OFFICES OF L. SCOTT KARLIN
13522 Newport Avenue, Suite 201
Tustin, CA 92780
(714) 731-3283
State Bar #90605
Attorney for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ____________
[Case Caption here ==> ]
_____________Plaintiffs,
vs.
_____________, and DOES 1 to 20, inclusive, et al.,
Defendants.
Case No: _______________
ASSIGNED TO JUDGE ____________;
DEPT _______________
Complaint for Specific Performance [in the sale and purchase of real estate]
Plaintiffs allege:
1. Defendants are indivduals residing in _________ County California.
2. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 20, and, therefore, sue said Defendants under such fictitious names. Plaintiffs will seek leave of court to amend this Complaint when the true names and capacities of said Defendants are fully ascertained.
3. Plaintiffs are informed and believe, and on that basis allege, that each Defendant named herein, including DOES 1 through 20, inclusive, was, at all times herein mentioned, the agent, servant, and/or employee of each and every other Defendant acting in the course and scope of said agency, service, and employment, and each defendant ratified the acts of each and every other defendant.
4. On or about, _________, 20__ , was and now is the owner of real property located in __________County, California, commonly known as and more particularly described as
____________________________________________[ address and/or legal description of property].
5. On or about ______________, 20___ in , ___________County, California, Plaintiffs and Defendants entered into a written agreement in which Plaintiffs agreed to purchase and Defendants agreed to sell the real property described in Paragraph 4. A copy of this Agreement, marked Exhibit "__ ", and is attached to and incorporated in this Complaint.
6. At the time Plaintiffs and Defendant entered into the Agreement referred to in Paragraph 5, the consideration to be paid under the Agreement was adequate and the Agreement is just and reasonable as Defendant. The property is unique, a single family residence, [and/or set forth other reasons why the property is unique or special to the Plaintiffs) and Plaintiffs therefore have no adequate remedy at law.
7. Plaintiffs have performed all conditions precedent that Plaintiffs agreed to perform in the Agreement described in Paragraph 5.
8. Within the time prescribed by the Agreement Plaintiffs have offered to pay the full consideration called for in the Agreement, continues to be ready, willing, and able to pay the consideration to Defendant, and has demanded that Defendant convey to Plaintiffs the property described in Paragraph 4.
8. Defendant has refused and continues to refuse to consumate the purchase and convey the subject property to Plaintiffs.
9. Plaintiffs have suffered general damages by the delay of Defendant in conveying the property described in Paragraph 4 [and special damages in that [set forth specific special damages or possible special damages here, such as increase in interest rates or possible increase in interest rates, deterioration of the property, increases in taxes due to the delay . . . etc [if you can't think of special damges, then just assert general damages at this point]]
WHEREFORE, plaintiffs prays:
1. That defendant be ordered to perform the above mentioned contract and convey the subject property upon payment of the purchase price;
2. For general and special damages resulting from defendant's delay in performing the contract and closing escrow, according to proof;
3. For costs [and attorney’s fees as provided int he agreement between the parties [see if the contract has an attorney's fees provision, if not, then don't ask for attorney's fees]] ;
and
4. For other relief that the Court considers proper.
Dated: _________, 20__ .
LAW OFFICES OF L. SCOTT KARLIN
______________________________
L. SCOTT KARLIN, Attorney for
Plaintiffs
__________________________________
After the lawsuite is filed, preferable with a few hours of filing the lawsuite, a lis pendens (notice of pending action) should be filed, in proper form and with a special proof of service to the owner and interested parties. The client should be advised in writing to obatin special title insurance, insuring that all interested parties have notice.
___________________________________
Example of a Lis Pendens (without the required proof of service)
L. SCOTT KARLIN, ESQ.
LAW OFFICES OF L. SCOTT KARLIN
13522 Newport Avenue, Suite 201
Tustin, CA 92780
(714) 731-3283
State Bar #90605
Attorney for
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
Plaintiffs,
vs.
, and DOES 1 to ___ , inclusive, et al.,
Defendants.
Case No: - -
ASSIGNED TO JUDGE ;
DEPT
NOTICE OF LIS PENDENS
NOTICE IS HEREBY GIVEN that the above-captioned case is pending in the above-entitled Court, affecting the right, title and interest to real property commonly known as _______________, _________, County of Orange, State of California, and more particularly described as follows:
Lot ____, of Tract _______ as shown on a map recorded
in Book _____, Pages __ through __, inclusive of
Miscellaneous Maps, records of Orange County,
California.
///
Said action pertains to an action for Specific Performance of a contract for sale of the above-described real property dated ____________, 20__, a true and correct copy of said
contract is attached hereto as Exhibit "A".
Dated: _________, 20__ .
LAW OFFICES OF L. SCOTT KARLIN
______________________________
L. SCOTT KARLIN, Attorney for
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