Chapter 42 - EXHIBIT 42A • SAMPLE COMPLAINT FOR TRESPASS (INCLUDING REQUEST FOR INJUNCTIVE RELIEF)

• Jurisdiction: Colorado

EXHIBIT 42A • SAMPLE COMPLAINT FOR TRESPASS (INCLUDING REQUEST FOR INJUNCTIVE RELIEF)

[ ] 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(s), by his/her/its/their counsel, complain(s) against Defendant(s) as follows:

PARTIES, JURISDICTION, AND VENUE

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 is, and at all times pertinent to this cause was, [a resident of (county) County, (State) OR Defendant is (specify, such as: 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 a resident of Colorado or organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transacted business and/or commission of a tort within this State).]

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, if proceeding in federal court under diversity jurisdiction, etc.]

4. Venue in this court is proper pursuant to [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes, if proceeding in federal court under diversity jurisdiction, etc.]

GENERAL ALLEGATIONS

5. Plaintiff [owns OR occupies] real property at [street address] [city], Colorado [if Plaintiff and Defendant own or occupy neighboring properties, add: which is located near Defendant's property. Defendant's property is located at (street address), (city), Colorado, generally to the (specify direction, such as: north) of Plaintiff's property].

6. On or about [describe time period, such as: (date) and continuing through the present], Defendant physically intruded onto Plaintiff's property by [describe how Defendant physically intruded onto Plaintiff's property, either by personally entering the property, or by causing a thing or third person to enter the property, or by setting in motion a force that in the usual course of events that will damage or have damaged the property].

7. [If applicable, add that Defendant had permission to enter a particular part of Plaintiff's property, or that Defendant had permission to enter Plaintiff's property for a particular purpose or time period, and that Defendant's entry onto the property exceeded the scope of the permission.] [If applicable, add: Defendant had the authority to enter onto Plaintiff's property under (statutory citation), but Defendant exceeded the scope of that authority when Defendant (describe Defendant's intrusion that exceeded statutory authority).]

8. Defendant [describe how Defendant intruded or has been intruding onto Plaintiff's property] without legal right and without Plaintiff's consent.

9. As a result of Defendant's entry onto Plaintiff's property, Plaintiff has been [add, if applicable:...