Sample California complaint for assault and battery


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This sample California complaint for assault and battery also includes a cause of action for intentional infliction of emotional distress. The sample could be modified to add other causes of action as well. This is a preview of the sample complaint sold by LegalDocsPro.

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Sample California complaint for assault and battery

  1. 1. 12345678910111213141516171819202122232425262728Any Attorney or PartyAny StreetAny Town, CA 99999555-555-5555Any attorney or partySuperior Court of the State of CaliforniaFor the County of ____________Any Plaintiff,Plaintiff,vs.Any Defendant, Does 1-50, inclusive,Defendants.)))))))))))))))Case No.UNLIMITED CIVIL, DEMAND OVER $25,000VERIFIED COMPLAINT FOR:1. ASSAULT2. BATTERY3. INTENTIONAL INFLICTION OF EMOTIONALDISTRESSTo subscribe to my FREE California weekly legal newsletter visit and enter your e-mailaddress. Be sure to remove this notice and all other notices beforeusing this document.1 Plaintiff, _________________, hereby complains and alleges as follows:- 1 -VERIFIED COMPLAINT
  2. 2. 123456789101112131415161718192021222324252627281 1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all timesmentioned herein was, an individual, over the age of majority, residing in the City of _________,County of _________, State of California.2. Defendant ______________, (hereinafter referred to as Defendant) uponinformation and belief, is now, and at all times mentioned herein was, an individual, over the age ofmajority, residing in the City of _________, County of _________, State of California.3. This court is the proper court for trial in this action in that the actions and omissions ofDefendant as alleged herein were made within this Court’s jurisdictional area.4. Plaintiff is unaware of the true names or capacities, whether they are individuals orbusiness entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitiousnames and will seek leave of this Court to insert true names and capacities once they have beenascertained.5. At all times mentioned herein, Defendants, and each of them, inclusive of DOES1 through 50, were authorized and empowered by each other to act, and did so act, as agents of eachother, and all of the things herein alleged to have been done by them were done in the capacity ofsuch agency. Upon information and belief, all Defendants are responsible in some manner for theevents described herein and are liable to Plaintiff for the damages they have incurred.FIRST CAUSE OF ACTION(Assault as against Defendant ________ )6. Plaintiff realleges and incorporates by reference paragraphs 1 through 5, above, asthough fully set forth herein.- 2 -VERIFIED COMPLAINT
  3. 3. 123456789101112131415161718192021222324252627287. On or about __________ , at approximately _______. M. plaintiff was in __________their home reading when they heard very loud music. The music was so loud that it disturbedplaintiffs quiet enjoyment of the evening.8. Plaintiff went to the window at the front of their home to determine the source of themusic and saw defendant, who is plaintiffs neighbor, and several strangers leaning againstdefendants car which was parked in front of plaintiffs home. A large portable stereo, or "boom box"as they are popularly known, sat on the hood of defendants car and appeared to be the source of theloud music.9. Plaintiff walked out to where defendant and their companions were standing andpolitely asked if defendant would lower the volume of the music.10. Defendant refused and plaintiff again asked defendant to turn down the volume orplaintiff would call the police. Defendant again refused and plaintiff turned and started back towardtheir home.11. Defendant then called plaintiffs name and plaintiff turned and faced defendant.Defendant engaged in threatening conduct in that they _________________________________, andusing very foul, obscene and profane language, threatened to strike plaintiff if they called the police.12. Plaintiff began to back away from defendant, moving toward his front door, whendefendant struck plaintiff in the face with their fist. Plaintiff returned the blow and plaintiff anddefendant battled until they were separated by other persons. During the course of the altercationdefendant struck and kicked plaintiff numerous times.13. Defendant intended to cause and did cause plaintiff to suffer apprehension of animmediate harmful contact.To purchase the entire sample document on which this preview is- 3 -VERIFIED COMPLAINT
  4. 4. 12345678910111213141516171819202122232425262728based visit: view collections of documents for sale by LegalDocsPro visit 4 -VERIFIED COMPLAINT