Complaint For Damages and To Foreclose A Mechanics Lien

COMPLAINT FOR FORECLOSURE
OF MECHANIC’S LIEN
Sample Only
Use At Your Own Risk
INSTRUCTIONS: The following is a “cause of action” to be inserted after the heading

of the complaint and common allegations. Include as many other causes of action as
you have claims such as fraud, accounting, etc. Your “prayer” (request for relief) comes
after your causes of action and must describe the relief you are seeking for each cause
of action.
FIRST CAUSE OF ACTION

(Breach of Contract Against ____)
1. Plaintiff, __________ [name], is now, and at all times mentioned in this
complaint was, a corporation organized and existing under the laws of the State of
California, with its principal place of business in __________ County, California, duly
licensed by the State of California to perform the work alleged in this complaint.
2. At all times mentioned in this complaint plaintiff was, and is, doing business
under the fictitious name __________. Plaintiff has filed the statement and published
the notice required by section 17918 of the Business and Professions Code.
3. Plaintiff does not know the true names of defendants DOES 1 through 50,
inclusive, and therefore sues them by those fictitious names. __________ [Optionally, in
addition to language in charging allegations that includes fictitiously named defendants:
Plaintiff is informed and believes, and on the basis of that information and belief alleges,
that each of those defendants was in some manner legally responsible for the events
and happenings alleged in this complaint and for plaintiff's injuries and damages.]
4. Plaintiff is informed and believes and on that basis alleges that, at all times
mentioned in this complaint, defendants __________ [names], and Does 1 through 50
were and are corporations doing business in the State of California.

5. Plaintiff is informed and believes and on that basis alleges that, at all times
mentioned in this complaint, defendant __________ [name] is now, and at all times
mentioned in this complaint was, a limited partnership organized under the laws of the
State of California, with its principal place of business in __________ County, California,
doing business under the fictitious name __________, and is sued in the name
__________ [which it has assumed or by which it is known].
6. Plaintiff is informed and believes and on that basis alleges, that at all times
mentioned in this complaint, defendants were the agents and employees of their
codefendants, and in doing the things alleged in this complaint were acting within the
course and scope of that agency and employment.
7. The real property ("building parcel") referred to in this complaint is located in
the City of __________, County of __________, State of California, and is commonly
known as __________ [address or location]. The real property is more particularly
described in Exhibit __________ attached to this complaint and incorporated by
reference.
8. On or about __________ [date], plaintiff and defendant __________ [name of
defendant] entered into a written agreement, by which plaintiff agreed to furnish certain
labor, services, equipment, and materials for a work of improvement on the building
parcel, for an agreed contract price of $__________, plus those additional sums as the
parties would determine as the price for extra work, all of which defendant agreed to
pay. A true and correct copy of the agreement is attached to this complaint as Exhibit
__________ and incorporated by reference. The whole of the building parcel, and the
entire estate of defendant, are required for the convenient use and occupation of the
work of improvement.
9. During the period __________ [dates], pursuant to the agreement and at
defendants' special request, plaintiff furnished labor, services, equipment, and materials
used and intended to be used in the work of improvement on the building parcel,
including extra work having an agreed price and reasonable value of $__________.
10. Plaintiff has performed all conditions and covenants to be performed on its part
under the agreement.
11. The labor, services, equipment, and materials urnished by plaintiff had and
have a reasonable value of $__________, which defendant agreed to pay.
12. Defendant breached the agreement, in that it paid plaintiff only $__________
and there is now due, owing, and unpaid the sum of $__________, together with
interest at the legal rate.
13. The agreement contains an attorney fees provision. As the result of the
foregoing breach, plaintiff has been required to, and has, retained the firm of
__________ [name of firm] to represent it in connection with this matter. The exact
amount of attorney fees to be incurred by plaintiff is presently unknown to plaintiff, who
will seek leave to amend this complaint after that sum has been ascertained.
SECOND CAUSE OF ACTION

(Mechanics' Lien Foreclosure Against _______)
14. Plaintiff incorporates herein by reference paragraphs 1 through __________.
15. On __________ [date], plaintiff duly caused a preliminary notice to be given
in accordance with the provisions of Civil Code section 3097.
16. On __________ [date], plaintiff duly recorded a verified Mechanics' Lien
Claim, describing the building parcel and the labor, services, equipment, and materials
to be furnished on the work of improvement, at __________ [include book, page, and
instrument number] in the official records of __________ [name of county], California, in
accordance with the provisions of Civil Code section 3084. The cost of recording the
Mechanics' Lien Claim was $__________, no part of which has been repaid.
17. Each defendant claims some right, title, or interest in or to the building parcel, each
of which claim is junior and inferior to plaintiff's claim.
WHEREFORE, plaintiff demands judgment against defendants for the following:
1. The sum of $__________, together with interest
according to law as damages;
2 . The sum of $__________ in costs incurred in recording
the verified Mechanics' Lien Claim;
3. The sum of $__________, together with attorney fees and
interest, be ordered as a lien against the building parcel, senior and superior to any
claim of right, title or interest in or to the real property of any defendant, and that the real
property be ordered sold by the Sheriff of __________ County, California, according to
law, and that all proceeds of sale be applied to plaintiff's claim and to the cost of these
proceedings and the sale of the real property;
4. Reasonable attorney fees and costs as allowed under
Civil Code section 3148; and
5. Any other and further relief the court considers proper.
Date: ___________ ___________________________

________ [Plaintiff’s name]
Plaintiff In Pro Per
Gene Kinsey Phone: (562) 596-8177

Kinsey Law Offices Email: KinseyE@ix.netcom.com
1198 Pacific Coast Hwy., Suite 353 Web: www.kinseylaw.com
Seal Beach, CA 90740 www.realpropertypartition.com

Complaint For Damages and To Foreclose A Mechanics Lien

Uploaded by

Copyright:

Available Formats

Complaint For Damages and To Foreclose A Mechanics Lien

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complaint For Damages and To Foreclose A Mechanics Lien

Uploaded by

Copyright:

Available Formats

COMPLAINT FOR FORECLOSURE

INSTRUCTIONS: The following is a “cause of action” to be inserted after the heading

FIRST CAUSE OF ACTION

1. Plaintiff, __________ [name], is now, and at all times mentioned in this

addition to language in charging allegations that includes fictitiously named defendants:

mentioned in this complaint, defendants __________ [names], and Does 1 through 50

were and are corporations doing business in the State of California.

__________ [which it has assumed or by which it is known].

course and scope of that agency and employment.

7. The real property ("building parcel") referred to in this complaint is located in

the City of __________, County of __________, State of California, and is commonly

known as __________ [address or location]. The real property is more particularly

described in Exhibit __________ attached to this complaint and incorporated by

8. On or about __________ [date], plaintiff and defendant __________ [name of

9. During the period __________ [dates], pursuant to the agreement and at

under the agreement.

have a reasonable value of $__________, which defendant agreed to pay.

interest at the legal rate.

amount of attorney fees to be incurred by plaintiff is presently unknown to plaintiff, who

SECOND CAUSE OF ACTION

14. Plaintiff incorporates herein by reference paragraphs 1 through __________.

15. On __________ [date], plaintiff duly caused a preliminary notice to be given

in accordance with the provisions of Civil Code section 3097.

16. On __________ [date], plaintiff duly recorded a verified Mechanics' Lien

to be furnished on the work of improvement, at __________ [include book, page, and

instrument number] in the official records of __________ [name of county], California, in

WHEREFORE, plaintiff demands judgment against defendants for the following:

1. The sum of $__________, together with interest

according to law as damages;

2 . The sum of $__________ in costs incurred in recording

the verified Mechanics' Lien Claim;

3. The sum of $__________, together with attorney fees and

property be ordered sold by the Sheriff of __________ County, California, according to

proceedings and the sale of the real property;

4. Reasonable attorney fees and costs as allowed under

Civil Code section 3148; and

5. Any other and further relief the court considers proper.

Date: ___________ ___________________________

Gene Kinsey Phone: (562) 596-8177

You might also like

the City of , County of , State of California, and is commonly

8. On or about [date], plaintiff and defendant [name of

Date: _ _________________