How To File A Lawsuit Against A Corporation In California

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30 [ATTORNEY NAME] (ATTORNEY STATE BAR NUMBER) [ATTORNEY ADDRESS] [LAW FIRM NAME] [LAW FIRM STREET ADDRESS] [LAW FIRM CITY/STATE/ZIP CODE] [LAW FIRM TELEPHONE NUMBER] [LAW FIRM FAX NUMBER] 6 7 Attorneys for [PLAINTIFF/DEFENDANT] [CLIENT S NAME] California Business Litigation Forms - Sample Exemplars SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF [COUNTY NAME] [PLAINTIFF S NAME], a California corporation, Plaintiff, [DEFENDANT(S) NAME(S)], a California corporation; and DOES 1 to 50, inclusive, Defendants. v. UNLIMITED JURISDICTION Case No. [PLEADING TITLE] COMPLAINT FOR COMMON LAW UNFAIR COMPETITION 16

31 1 Plaintiff [NAME], as its complaint against Defendants [DEFENDANTS NAMES] 2 alleges as follows: 3 PARTIES 4 1. Plaintiff [NAME] is a corporation organized and existing under the laws of the 5 State of California, with its principal place of business in [CITY], California. Plaintiff is 6 qualified to do business in the State of California Defendant [NAME] is, and at all material times was, a corporation organized and 8 existing under the laws of the State of California with its principal place of business in [CITY], California Business Litigation Forms - Sample Exemplars California. 3. The true names and capacities, whether individual, corporate, associate, or otherwise, of Does 1 through 50, inclusive, are unknown to Plaintiff, who therefore sues the Doe Defendants by fictitious names. Plaintiff will amend this Complaint to show their true names and capacities when they have been ascertained. 4. Plaintiff is informed, believes and thereon alleges that each of the fictitiously named Defendants designated as Does 1 through 50, inclusive, were legally, equitably, and/or otherwise responsible for the acts, omissions, errors, tortious conduct, and/or occurrences herein alleged and that injuries and/or damages as herein alleged were proximately caused by these fictitiously named Defendants. 5. Plaintiff is informed, believes and thereon alleges that each of the Defendants herein was, and at all times relevant to this action is, the agent, employee, representing partner, supervisor, managing agent, or joint venturer of the remaining Defendants and was acting within the course and scope of that relationship. Plaintiff is further informed, believes and thereon alleges that each of the Defendants herein gave consent to, ratified, and authorized the acts alleged herein of the remaining Defendants. Defendants are sued both in their own right and on the basis of respondeat superior. 6. Plaintiff is informed, believes and thereon alleges that each and every of the acts and omissions alleged herein were performed by, and/or attributable to, all Defendants, each acting as agents and/or employees, and/or under the direction and control of each of the other 1 [PLEADING TITLE] 17

32 1 Defendants, and that said acts and failures to act were within the course and scope of said 2 agency, employment and/or direction and control. 3 FIRST CAUSE OF ACTION 4 (Common Law Unfair Competition) 5 7. Plaintiff incorporates by reference as though fully set forth herein paragraphs 6 to, inclusive [PLAINTIFF S NAME] is a business started in [YEAR]. Plaintiff owns and 8 operates a [DESCRIBE BUSINESS OPERATIONS]. Plaintiff sells its [PRODUCT] at California Business Litigation Forms - Sample Exemplars [LOCATION, e.g., its own store, through retailers] and throughout California and nationwide. Plaintiff has developed a reputation for producing high-quality [PRODUCT]. 9. As a family-run business, Plaintiff decided to adopt [FAMILY NAME TRADEMARK ALL CAPS] as its label and trademark. The name [FAMILY NAME TRADEMARK ALL CAPS] became a distinct and unusual trademark in the [DESCRIBE TYPE OF BUSINESS] business. Since at least [MONTH, DAY, YEAR], Plaintiff has been using the name [FAMILY NAME TRADEMARK ALL CAPS] in connection with the advertising, marketing and sale of [PRODUCT]. 10. Plaintiff has advertised heavily to market and sell its [PRODUCTS], both in California and throughout the country. Consumers recognize the [FAMILY NAME TRADEMARK ALL CAPS] name and mark as symbolizing a high-quality [PRODUCT] from a particular source, namely, [PLAINTIFF S NAME]. 11. In [YEAR], many years after Plaintiff adopted the [FAMILY NAME TRADEMARK ALL CAPS] name and mark, Defendant [NAME] began to sell [PRODUCT] under the [DEFENDANT S PRODUCT NAME ALL CAPS]. Defendant s use of the name [DEFENDANT S PRODUCT NAME ALL CAPS] is likely to cause confusion and has caused confusion among consumers as to whether [DEFENDANT S NAME] s [PRODUCTS] are made by, sponsored or approved by Plaintiff [NAME] or that [DEFENDANT S NAME] s [OPERATION] is sponsored by or affiliated with [PLAINTIFF S NAME]. 12. [DEFENDANT S NAME] s actions alleged above are likely to cause mistake, 2 [PLEADING TITLE] 18

33 1 confusion and/or deceive the public as to the affiliation with, sponsorship by, approval by or 2 connection between Plaintiff and Defendant and thus constitute unfair competition, or passing 3 off, under common law As a result of [DEFENDANT S NAME] s actions alleged in this complaint, 5 Plaintiff has suffered and is likely to suffer in the future monetary damages due to loss of sales 6 and loss of goodwill Unless and until restrained by this Court, Defendant [NAME] will continue 8 unlawfully and without permission to use Plaintiff s [FAMILY NAME TRADEMARK ALL California Business Litigation Forms - Sample Exemplars CAPS] mark on Defendant s [PRODUCTS], which will cause Plaintiff irreparable injury for which monetary damages will be inadequate, including without limitation damage to its trademark, loss of goodwill, and loss of the ability to move into new markets. PRAYER FOR RELIEF WHEREFORE, Plaintiff [NAME] prays for the following relief: 1. That Defendant [NAME], its officers, directors, agents, employees, representatives and all persons acting or claiming to act on its behalf or under its direction and control, and all persons acting in concert or participation with [DEFENDANT S NAME], and who receive notice of the order, be enjoined during the pendency of this action and perpetually from (1) using the designation [PLAINTIFF S TRADEMARK ALL CAPS] or any other name, mark or designation that is a colorable imitation of or confusingly similar to [PLAINTIFF S TRADEMARK ALL CAPS], whether alone or in combination with any other name or mark, in connection with the manufacture, advertising, marketing or sale of [PRODUCT], [PRODUCT]-related products, [PLAINTIFF S OPERATIONS, e.g., stores], or any other good, product or service that neither originates from nor is authorized by Plaintiff [NAME]; goodwill; and 2. For damages according to proof at trial, including for lost profits and loss of 3 [PLEADING TITLE] 19

34 1 3. For such other relief as the Court deems just and proper. 2 3 DATED: 4 [LAW FIRM NAME] 5 California Business Litigation Forms - Sample Exemplars By: 4 [PLEADING TITLE] [ATTORNEY NAME] Attorneys for [CLIENT S NAME] [PLAINTIFF/DEFENDANT] 20

35 [ATTORNEY NAME] (ATTORNEY STATE BAR NUMBER) [ATTORNEY ADDRESS] [LAW FIRM NAME] [LAW FIRM STREET ADDRESS] [LAW FIRM CITY/STATE/ZIP CODE] [LAW FIRM TELEPHONE NUMBER] [LAW FIRM FAX NUMBER] 6 7 Attorneys for [PLAINTIFF/DEFENDANT] [CLIENT S NAME] California Business Litigation Forms - Sample Exemplars SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF [COUNTY NAME] [PLAINTIFF S NAME], a California corporation, Plaintiff, [DEFENDANT(S) NAME(S)]; and DOES 1 to 50, inclusive, Defendants. v. UNLIMITED JURISDICTION Case No. COMPLAINT COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR BREACH OF CONTRACT AND COVENANT NOT TO SOLICIT EMPLOYEES OF FORMER EMPLOYER 21

36 1 Plaintiff [NAME], as its complaint against Defendants [DEFENDANT S NAMES] 2 alleges as follows: 3 PARTIES 4 1. Plaintiff [NAME] is a corporation organized and existing under the laws of the 5 State of California, with its principal place of business in [CITY], California. [PLAINTIFF 6 NAME] is qualified to do business in the State of California Defendant [NAME] is, and at all material times was, an individual who is a 8 resident of the State of California, and the County of [COUNTY]. California Business Litigation Forms - Sample Exemplars The true names and capacities, whether individual, corporate, associate, or otherwise, of Does 1 through 50, inclusive, are unknown to Plaintiff, who therefore sues the Doe Defendants by fictitious names. Plaintiff will amend this Complaint to show their true names and capacities when they have been ascertained. 4. Plaintiff is informed, believes and thereon alleges that each of the fictitiously named Defendants designated as Does 1 through 50, inclusive, were legally, equitably, and/or otherwise responsible for the acts, omissions, errors, tortious conduct, and/or occurrences herein alleged and that injuries and/or damages as herein alleged were proximately caused by these fictitiously named Defendants. 5. Plaintiff is informed, believes and thereon alleges that each of the Defendants herein was, and at all times relevant to this action is, the agent, employee, representing partner, supervisor, managing agent, or joint venturer of the remaining Defendants and was acting within the course and scope of that relationship. Plaintiff is further informed, believes and thereon alleges that each of the Defendants herein gave consent to, ratified, and authorized the acts alleged herein of the remaining Defendants. Defendants are sued both in their own right and on the basis of respondeat superior. 6. Plaintiff is informed, believes and thereon alleges that each and every of the acts and omissions alleged herein were performed by, and/or attributable to, all Defendants, each acting as agents and/or employees, and/or under the direction and control of each of the other Defendants, and that said acts and failures to act were within the course and scope of said 1 COMPLAINT 22

37 1 agency, employment and/or direction and control. 2 GENERAL ALLEGATIONS 3 7. Plaintiff is a [DESCRIBE, e.g., software company] From [DATE] to [DATE], Defendant was employed by Plaintiff as [TITLE]. On 5 [DATE], Defendant resigned from Plaintiff and took the position of Vice President of Sales of 6 [NAME], one of Plaintiff s principal competitors in the market for [PRODUCT] Defendant s employment with Plaintiff was governed by a written Employment 8 Agreement, a copy of which is attached hereto as Exhibit A and incorporated by this reference. California Business Litigation Forms - Sample Exemplars Defendant s written Employment Agreement contains the following provision: [QUOTE NON-SOLICITATION PROVISION OF AGREEMENT] 10. Almost immediately after Defendant resigned from Plaintiff and took the position of Vice President of Sales of [NAME], Defendant began to directly and indirectly solicit Plaintiff s sales representatives and employees to work for [NAME] in violation of the nonsolicitation provision of his Employment Agreement. 11. Despite repeated demands that Defendant cease and desist from soliciting Plaintiff s employees in violation of his Employment Agreement, Defendant has continued to do so. FIRST CAUSE OF ACTION (Breach of Contract Non-Solicitation of Employees) 12. Plaintiff incorporates by reference as though fully set forth herein paragraphs to, inclusive. 13. The Employment Agreement is a valid and existing contract. 14. Plaintiff has performed all conditions, covenants, and promises required by it to be performed in accordance with the terms and conditions of the Employment Agreement. 15. Defendant breached the Employment Agreement within one year after his termination from employment by directly or indirectly, wrongfully, unfairly or in an anticompetitive manner, soliciting, inducing, or hiring, or attempting to solicit, induce or hire, Plaintiff s employees, consultants or representatives to terminate, reduce or materially alter such 2 COMPLAINT 23

38 1 employee s, consultant s, agent s or other representative s relationship with, or otherwise cease 2 negotiations and/or business activity with Plaintiff As a result of Defendant s breach of the non-solicitation clause of the 4 Employment Agreement, Plaintiff has suffered actual damages, including lost profits and loss of 5 goodwill, in an amount to be proven at trial Unless and until Defendant is enjoined and restrained by order of this Court, 7 Defendant will continue his wrongful conduct in violation of the non-solicitation covenant 8 contained in the Employment Agreement. Unless and until enjoined, the Defendant s wrongful California Business Litigation Forms - Sample Exemplars conduct will cause great and irreparable injury to Plaintiff and its business in that it will continue to lose employees and customers to Defendant and suffer injury to its goodwill. 18. Plaintiff has no adequate remedy at law for the injuries currently being suffered or which are threatened in that Defendant will continue to compete with Plaintiff in violation of the covenant not to compete and Plaintiff would be required to maintain a multiplicity of judicial proceedings to protect its interests. goodwill; PRAYER FOR RELIEF WHEREFORE, Plaintiff [NAME] prays for the following relief: 1. For actual damages for breach of contract, including lost profits and loss of 2. For preliminary and permanent injunctive relief pursuant to Sections 526 and 527 of the California Code of Civil Procedure enjoining Defendant, and his officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with him, and who receive actual notice of the order, from continuing to directly or indirectly, wrongfully, unfairly or in an anti-competitive manner, solicit, induce, or hire, or attempt to solicit, induce or hire, Plaintiff s employees, consultants or representatives to terminate, reduce or materially alter such employee s, consultant s, agent s or other representative s relationship with, or otherwise cease negotiations and/or business activity with Plaintiff, for a period of one 3 COMPLAINT 24

39 1 year after Defendant s termination of employment in breach of the non-solicitation covenant 2 contained in the Employment Agreement; 3 3. For pre-judgment interest at the legal rate [OR at the contract rate] commencing California Business Litigation Forms - Sample Exemplars on the date of breach; 4. [IF THE CONTRACT CONTAINS A PREVAILING PARTY ATTORNEYS FEE PROVISION] For Plaintiff s reasonable attorneys fees; 5. For its costs of suit; and, 6. For such other relief as the Court deems just and proper. DATED: By: 4 COMPLAINT [LAW FIRM NAME] [ATTORNEY NAME] Attorneys for [CLIENT S NAME] [PLAINTIFF/DEFENDANT] 25