Is this a proper Small Claims Complaint?
I have a law class assignment due asking me to draft a complaint for a small claims case. The fictional case can be any if the claim is for cash only, under $7500, and no discoveries are wanted. Note, the class is in California.
On the following site http://www.courts.ca.gov/1008.htm, I couldn't find a complaint form.
Here's what I have so far:
Bruce C, 123 D Street, Modesto, CA, 95351, (209)206-1234.
Robert Allen, 432 I Street, Modesto, CA, 95350
Claim: I, Bruce C, was an employee at the restaurant Shish ka-Bob’s, run by the defendant Robert Allen. My employment term ended when I was informed that I would be terminated early due to a lack of funding as he needed to downsize. My contract was for a yearly salary at $28194, starting in September of 2010, and ending abruptly in July of 2011. Unfortunately for him, my employment contract with Mr. Allen stated that my tenure as a waiter there was “contingent on successfully achieving all performance goals and outcomes,” not that he could not pay me anymore. When I spoke with Mr. Allen he said that simply it was an “impossibility” to pay since he could not pay me without “much deeper cuts to my restaurant than I already have.” Of course the nonperformance excuse of Impossibility does not protect one from making hard cuts, but rather when the duty to perform is simply impossible, i.e. “illness or death, supervening illegality, and destruction of the subject matter of the contract.” Interestingly enough, there was a similar case in 2008 titled “East Capitol View Community Development Corporation v. Robinson” in the District of Columbia. In that case a young woman named Robinson sued her employer, the defendant, stating that she was fired due to a lack of funding not by unsatisfactory performance, but like in my contract her employment was “contingent on successfully achieving all performance goals and outcomes.” In trying the case there, Chief Judge Washington cited the Restatement (Second) of Contracts § 261 cmt. E (1981), stating “if the performance remains practicable and it is merely beyond the party’s capacity to render it, he is ordinarily not discharged.” Just to make it clear, Mr. Allens financial troubles are not uncommon amongst small restaurant owners. Clearly this means that his financial troubles were not beyond the scope of the risks the parties were aware of at the signing of the contract. To remedy this clear breach of contract, I believe that the defendant should pay me my wages for the remainder of the employment contract, 2 months’ salary of $4699.
Note this is a fake case, and other than my name and the case citations, it is completely fictional.
Would it help to get the proper paperwork from my county to use?
Note, I will note need any discovery(interrogatories).
The defendant I now see needs to be written as Robert Allen, individually and doing business as Shish ka-Bob's, a proprietorship.
- Hoolai StreetLv 49 years agoFavorite Answer
NAME OF COURT: Stanislaus County Superior Court
City Towers Building
STREET ADDRESS: 801 10th Street, 4th Floor
MAILING ADDRESS: 801 10th Street, 4th Floor
CITY AND ZIP CODE: Modesto, CA 95354
BRANCH NAME: Small Claims DivisionSource(s): http://www.courts.ca.gov/1017.htm
- Anonymous5 years ago
There is no contract between buyers boy friend and you as the contract should be between the buyer and the seller. Buyer has to file the case as the small claims court and small claims looks at the document evidence prima facie.(on the face value) But she can enter to the case at a later time. If you can prove that buyers representative examined / played with the puppy and happy with the condition of puppy at the time of sale, you are not responsible to pay damages.