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Alternative Complaint for an Accounting which includes Egregious Acts

State:
Multi-State
Control #:
US-L0107A
Format:
Word; 
Rich Text
Instant download

Description

This complaint is for a plaintiff attorney who has been removed from the partnership of his former firm. The complaint requests an accounting of the former firm, stating that the plaintiff has been deprived of economic benefits rightfully due to him under the former partnership agreement, and also alleges egregious acts by his former partners.

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How to fill out Alternative Complaint For An Accounting Which Includes Egregious Acts?

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FAQ

Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Draft Concise and Plain Statement of the Facts. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.

The Twombly/Iqbal pleading standards not only specify that a complaint must be plausible on its face, but it must bring forth sufficient factual allegations that nudge a claim across the line from conceivable to plausible.Additionally, the claim must raise some legal theory that is cognizable as a matter of law.

The section of a modern complaint that states the redress sought from a court by a person who initiates a lawsuit. The person who is seeking money damages or a court order, called the plaintiff, files a complaint, which notifies or warns the defendant that legal action has begun.

Well-Pleaded Complaint Rule This means that the plaintiff's initial complaint must contain the references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense, it must be presented from the initial complaint.

Your complaint must contain a caption (or heading) that includes the name of the court and county, the parties to the case (and their designation, like plaintiff or defendant), the case number (if you have one), and the title of the document.

Be clear and concise. State exactly what you want done and how long you're willing to wait for a response. Don't write an angry, sarcastic, or threatening letter. Include copies of relevant documents, like receipts, work orders, and warranties. Include your name and contact information.

In a case based upon negligence the plaintiff, under code or com- mon law pleading, must plead facts in his petition showing (1) that the defendant owed a duty to the plaintiff, (2) that the defendant breached the duty, and (3) that as a result of such breach of duty the plaintiff suffered damage.

Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.

A claim has "facial plausibility" when the plaintiff pleads "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

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Alternative Complaint for an Accounting which includes Egregious Acts