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.com123456789110111213141516171819202122232425262726. The inability for Plaintiff to procure goods has made it a near impossibility forPlaintiff to perform its duties under the Lease.27. Accordingly, Plaintiff hereby alleges that it is, and has been for some time,practically unable to procure the goods required to operate its business. Further, Plaintiff allegesthat the commercial purpose of the Lease has been frustrated by the Coronavirus Pandemic andsubsequent governmental measures, resulting in Plaintiff inability to perform under the Lease.D. The Effect of the Coronavirus Pandemic Constitutes Supervening,Unforeseeable Event Under the Force Majeure Clause in the Lease, TherebyEntitling Plaintiff to Cancellation of the Lease28. Force majeure as an excuse for non-performance is set forth in California CivilCode § 1511(2), which expresses the legislature’s intent that several causes excuse performance asfollows: “The want of performance of an obligation, or of an offer of performance, in whole or inpart, or any delay therein, is excused by the following causes, to the extent to which theyoperate:… When it is prevented or delayed by an irresistible, superhuman cause,… unless theparties have expressly agreed to the contrary.”29. [Insert force majeure clause section in the Lease], in relevant part, that:If either party hereto shall be delayed or hindered in or prevented from theperformance of any act required hereunder by reason of strikes, lock-outs, labortroubles, inability to procure materials, failure of power, governmental moratorium… insurrection, war, terrorism, bioterrorism, fire, earthquake, inclement weatherincluding rain, flood or other natural disaster or other reason of a like nature not thefault of the party delaying in performing work or doing acts required under theterms of this Lease… performance of such act shall be excused for the period ofthe delay and the period for the performance of any such act shall be extended fora period equivalent to the period of such Force Majeure Delay.(hereinafter referred to as the “Force Majeure Clause”).30. Indeed: “‘Force majeure,’ . . . is not necessarily limited to the equivalent of an actof God. The test is whether under the particular circumstances there was such an insuperableinterference occurring without the party’s intervention as could not have been prevented by theexercise of prudence, diligence and care.” Pacific Vegetable Oil Corporation v. C. S. T., Ltd.COMPLAINT FOR (1) CANCELATION OF LEASE; (2) DECLARATORY RELIEF RE: CANCELATIONOF LEASE6
Free template courtesy of Talkov Law:2900 Adams St Ste C225Riverside, CA 92504Phone: (951) 888-3300Email: Info@talkovlaw.com1234567891101112131415161718192021222324252627(1946) 29 Cal.2d 228; see e.g. Squillante v. California Lands (1935) 5 Cal. App. 2d 89 (grower ofgrapes held not liable on contract to deliver quality of specific variety of grapes due toextraordinary heat conditions affecting vineyards).31. The Coronavirus pandemic is a supervening unforeseeable event, akin to an act ofgod, or biological attack, which has delayed, hindered, and prevented performance under theLease.32. Due to the Coronavirus pandemic, Plaintiff hereby alleges that it is, and has beenfor some time, practically unable to procure the goods required to operate its business.33. Plaintiff alleges that it has been materially delayed, hindered, and prevented fromthe economically feasible performance of its business because of the Coronavirus pandemic,which was not the fault of Plaintiff, and thereby Plaintiff alleges it should be released from theLease Agreement due to the unforeseeable events which transpired because under the ForceMajeure clause in the Lease.FIRST CAUSE OF ACTION(Cancellation of Contract (Lease) Due to Frustration of Purpose, Commercial Impracticability,and/or Force Majeure – Against All Defendants)34. Plaintiff repeats and realleges the allegations set forth above as though fully setforth herein.35. The global effects of the Coronavirus have made Plaintiff’s obligations under thecontract impracticable, thereby entitling Plaintiff to suspend any and all performance under thecontract.36. In case at hand, Plaintiff requires [insert specific facts that have preventedperformance i.e. inability of suppliers to procure goods]. The production, shipment, anddistribution of goods have all been materially affected by the Coronavirus, limiting not only theamount of goods but also the manner in which they can be procured. [Insert additional specificfacts that have prevented performance i.e. inability of suppliers to procure goods]. By beingCOMPLAINT FOR (1) CANCELATION OF LEASE; (2) DECLARATORY RELIEF RE: CANCELATIONOF LEASE7
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Contract Termination Complaint Due to Coronavirus Pandemic [Free Draft Lease Cancellation Lawsuit Template Example]

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