Contract Termination Complaint Due to Coronavirus Pandemic [Free Draft Lease Cancellation Lawsuit Template Example]

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Free template courtesy of Talkov Law:2900 Adams St Ste C225Riverside, CA 92504Phone: (951) 888-3300Email: Info@talkovlaw.com123456789110111213141516171819202122232425began reaching out to the landlord-Defendant on [insert date] due to these issues, which were onlyexacerbated by Governor Newsom’s mandatory, statewide shelter-at-home order dated March 19,2020. There is no foreseeable improvement for Plaintiff’s business such that termination of thelease, dissolution of its corporate existence, liquidation of its minimal assets with limitedwholesale value and nominal, pro-rata payment to its numerous, unsecured creditors is the onlyviable option.THE PREMISES2. The subject of this action is certain real property comprised of a commercialwarehouse within the [insert property address/APN] (the “Premises”).PARTIES3. Plaintiff is a California [entity] (“Plaintiff” or “Plaintiff”) doing business within theState of California from the commercial space located at [insert property address/APN]. Plaintiff’sbusiness consists of importation of goods for resale.4. Defendant [insert Defendant entity name] is a [insert entity type] (“Defendant”)doing business in the [insert county and state], and is presently the owner(s) of the commercialspace located at [insert property address/APN].5. Plaintiff does not know the true names and capacities of the defendants sued asDoes 1 through 10, inclusive, and therefore sues these defendants by such fictitious names.Plaintiff will amend its complaint to add the true names and capacities of these defendants whenthey are ascertained. Each of the fictitiously named Doe defendants is responsible for Plaintiff’sdamages and/or the subject premises.JURISDICTION6. This Court has jurisdiction over this matter for the reason that the amount inquestion exceeds the jurisdictional minimum of the Court, exclusive of costs and interest.VENUE2627COMPLAINT FOR (1) CANCELATION OF LEASE; (2) DECLARATORY RELIEF RE: CANCELATIONOF LEASE2
Free template courtesy of Talkov Law:2900 Adams St Ste C225Riverside, CA 92504Phone: (951) 888-3300Email: Info@talkovlaw.com12345678911011121314151617181920212223242526277. Venue is proper in the [insert county and state] because the real property that is thesubject of this action is located in [insert county]. Furthermore, the contract which was signed bythe parties was to be performed within the [insert county and state].GENERAL ALLEGATIONS8. On or around [insert date lease was entered into], a lease agreement was madebetween Plaintiff and Defendant, a true and correct copy of which is attached as Exhibit 1 (the“Lease”), relating to the Premises. [If applicable, insert additional information about the Premisesi.e. square feet, unique leasehold modifications etc.].9. The Lease provides [insert the term of the Lease and payment terms].10. [Insert relevant Lease section, paragraph etc.] Lease provides that the permitteduses of the Premises are [insert quoted section from Lease regarding permitted uses of thePremises].11. [Insert relevant Lease section, paragraph etc.] of the Lease provides that [insertquoted section from Lease regarding permitted uses of the Premises].breach of].12. [If applicable, insert relevant Lease sections that Defendant landlord may be inA. In November 2019, the Novel Coronavirus (COVID-19) Begins to Infect aPortion of the Chinese Population, Ultimately Spreading Throughout theWorld13. On or around November 30, 2019, a novel coronavirus, hereafter referred to as the“Coronavirus” began to infect a portion of the Chinese population near and around the city ofWuhan, China. This virus was particularly devastating and, unlike the flu to which theCoronavirus has been frequently compared, it had a much higher mortality and transmission rate.14. The virus quickly began to spread outside the city of Wuhan to neighboringChinese cities. In a matter of weeks, the virus had spread outside of mainland China and began toseriously impact other nations, including the United States, which as of the time of this complainthas the highest recorded number of cases and over 91,000 deaths, over a quarter of the world’sdeath total.COMPLAINT FOR (1) CANCELATION OF LEASE; (2) DECLARATORY RELIEF RE: CANCELATIONOF LEASE3
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