Chapter 22 - EXHIBIT 22A • SAMPLE COMPLAINT FOR INTERFERENCE WITH PERFORMANCE OF CONTRACT
| Jurisdiction | Colorado |
| [ ] District Court [ ] County Court __________ County, Colorado Court Address: | COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: | Case Number: Div.: Ctrm.: |
| COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiff, by his/her/its counsel, complains against Defendant(s) as follows:
1. Plaintiff [name] is, and at all times pertinent to this cause was [a resident of (county) County, Colorado OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)].
2. Defendant [name] is, and at all times pertinent to this cause was [a resident of (county) County, Colorado OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)]. [If defendant is not organized under Colorado law, add: As a nonresident of Colorado, defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, as it has transacted business within this State pursuant to C.R.S. § 13-1-124.]
3. This court has jurisdiction over the subject matter at issue because this is a civil action for damages and/or equitable relief. Colo. Const. Art. VI, § 9(1). [Adjust as needed to address requirements of federal rules or statutes.]
4. [Use as needed, particularly if Defendant(s) reside(s) out of state.] This Court has personal jurisdiction over the Defendant(s) pursuant to C.R.S. § 13-1-124 because __________ [describe basis, such as transaction of business in Colorado, commission of a tort in Colorado, etc.].
5. Venue is proper in this Court because [describe basis for venue, including relevant section of C.R.C.P. 98, and, if applicable, relevant contract provision setting forth the parties' agreement as to venue]. [Adjust as needed to address requirements of federal rules or statutes.]
6. [If applicable, add: (Name of plaintiff) is in the business of (describe type of business).]
7. [If applicable, add: (Name of defendant) is in the business of (describe type of business).]
8. [Name of third party] was party to a valid [specify type of contract] contract entered into on [date] between Plaintiff and [name of third party]. Under the contract, [describe nature of contract between plaintiff and third party, such as: (name of third party) had agreed to distribute its products exclusively through plaintiff for a five year period].
9. Defendant knew that [name of third party] was a party to a [specify type of contract] with Plaintiff, or knew of facts that led Defendant to inquire about the existence of the contract. [Describe how defendant knew about the contract or knew of facts about the contract, such as: Defendant obtained a copy of the (title of contract) from an employee of Plaintiff while purportedly attempting to recruit the employee.]
10. Defendant intentionally and improperly interfered with the contract between [name of third party] and Plaintiff by inducing [name of third party] to breach the terms of the contract by [specify what act or acts the defendant induced the third party to commit in violation of the contract, such as: inducing the third party to terminate the distribution agreement before the term and outside of the terms of the distribution agreement].
11. On or about [date], [name of third party] did [describe actions taken by third party in breach of the contract] in violation of [his or her] contract with Plaintiff.
12. As a result of [name of third party]'s breach of the contract with Plaintiff, which breach was induced by Defendant's intentional and improper interference, Plaintiff has suffered the following damages: [specify, such as: economic/pecuniary losses, lost profits, special damages, and/or emotional distress and harm to Plaintiff's reputation reasonably to be expected to result from the interference. By way of example but not limitation, if plaintiff will be seeking attorney fees incurred in relation to the preparation of the consummated or prospective contract that Defendant's wrongful conduct caused the third party to breach or terminate, state that information and detail how fees were...
To continue reading
Request your trial