Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
1
2
3
4
Masood R. Khan; SBN 231020
1055 E. Colorado Blvd., Suite 500
Pasadena, CA 91106
(714) 660-2333 ext. 2
Attorney for Plaintiff, Aman Malik
5
6
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
8
9
AMAN MALIK,
10
Plaintiff
11
12
13
14
15
16
vs
)
)
)
)
)
)
)
No. _ _ _ _ _ _
COMPLAINT FOR DAMAGES FOR
BREACH OF CONTRACT;
ALTERNATIVELY FOR SPECIFIC
PERFORMANCE
THOMAS CALDWELL; PATRICIA
CALDWELL and DOES 1 through 20,
inclusive,
)
)
Defendant(s)
)
)
)
17
18
Plaintiff alleges:
19
20
21
1. Plaintiff is a resident of California doing business in the County of San Bernardino,
California.
22
23
2. Defendants were at all times mentioned here individuals residing in Apple Valley, in the
County of San Bernardino, California.
24
25
26
3. Venue in the Superior Court for the County of San Bernardino is proper because the
property at issue is located in Apple Valley, County of San Bernardino, California.
27
28
_______________________________________________________________________________________________________
Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
4. Plaintiff is unaware of the true names, capacities, or basis for liability of defendants Does 1
through 20, inclusive, and therefore sues said defendants by their fictitious names. Plaintiff will
amend this complaint to allege their true names, capacities, or basis for liability when the same
have been ascertained. Plaintiff is informed and believes and on that basis alleges that defendants
5
6
Does 1 through 20, inclusive, and each of them, are in some manner liable to plaintiff, or claim
some right, title, or interest in the subject property that is junior and inferior to that of plaintiff, or
both.
7
8
9
5. At all times relevant to this action, each defendant, including those fictitiously named, was
the agent, servant, employee, partner, joint venturer, or surety of the other defendants and was
10
acting within the scope of said agency, employment, partnership, venture, or suretyship, with the
11
knowledge and consent or ratification of each of the other defendants in doing the things alleged
12
in this complaint.
13
14
15
16
6. On or about January 30, 2006, defendants were and now is the owner of real property
located in San Bernardino County, California, commonly known as 26026 Mountain View Lane,
Apple Valley, California and more particularly described as:
17
Property located in the County of San Bernardino, in the State of California described: The
18
19
Southeast of the East of Government Lot 1 of then Fraction Northwest and the South
of the Northeast of the East of Governmnet Lot 1 of the Fraction Northwest of Section 4
20
Township 5 North, Range 2 West, San Bernardino Base and Meridian, in the County of San
21
Bernardino, State of California, according to the Official Government Plan thereof.
22
23
24
25
26
7. On or about January 30, 2006, in Apple Valley, San Bernardino County, California, plaintiff
and defendant entered into a written agreement in which Plaintiff agreed to buy and Defendant
agreed to sell the property described in Paragraph 6. Under the agreement the anticipated closing
date of the sale was April 03, 2006. A copy of this agreement, marked Exhibit A, is attached to
and incorporated in this complaint.
27
28
_______________________________________________________________________________________________________
Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
8. The filing of this complaint enables the recording of a notice of pending action to be filed
against the property referenced in paragraph 6 above, and does not constitute a waiver of the
mediation and arbitration provisions in accordance with the written agreement described in
Paragraph 7 above.
5
6
FIRST CAUSE OF ACTION (Breach of Contract by Plaintiff Aman Malik
7
Against Defendants Thomas Caldwell and Patricia Caldwell)
8
9
10
9. Plaintiff hereby realleges and incorporates by reference the allegations in paragraphs 1
through 7 as though fully set forth in this cause of action.
11
12
9. Plaintiff has performed all duties, promises, and obligations required of plaintiff and all
13
conditions precedent that plaintiff agreed to perform in the agreement described in Paragraph 7.
14
15
16
10. Under the terms of the agreement described in Paragraph 7, defendant was obligated to
transfer and convey to plaintiff the real property described in Paragraph 6.
17
11. Defendant has failed and refused, and continues to fail and refuse, to transfer and convey
18
the real property described in Paragraph 6 to the plaintiff.
19
20
21
12. Defendants failure and refusal to convey the real property described in Paragraph 6
constitutes a breach of the agreement described in Paragraph 7.
22
23
24
25
26
13. Because of defendants breach of the agreement described in Paragraph 7, plaintiff has
suffered general and consequential damages, including title and escrow expenses, expenses in
preparing to enter the property, the difference in price agreed upon and value of property at time
of breach. Plaintiff is therefore entitled to damages of $26,000.
27
14. Defendant is liable for all attorneys fees paid by the Plaintiff to enforce the agreement
28
described in Paragraph 7, pursuant to provision 22 of said agreement.
_______________________________________________________________________________________________________
Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
1
2
WHEREFORE, plaintiff prays for judgment as hereafter set forth.
3
4
5
SECOND CAUSE OF ACTION (Action for Specific Performance by
Plaintiff Aman Malik Against Defendants Thomas Caldwell and Patricia
Caldwell)
15. Plaintiff hereby realleges and incorporates by reference the allegations in paragraphs 1
7
through 14 as though fully set forth in this cause of action.
8
9
16. At the time plaintiff and defendant entered into the agreement referred to in Paragraph 7,
10
the consideration plaintiff was to pay under the agreement was adequate and the agreement is
11
just and reasonable as to defendant, as the agreed sales price reflected, at the time the agreement
12
was entered, the fair market value for the property.
13
14
15
16
17. Within the time prescribed by the agreement, plaintiff has offered to pay the full
consideration called for in the agreement and continues to be ready, willing, and able to pay the
consideration to defendant.
17
18. Plaintiff has demanded that defendant convey the property described in Paragraph 6, under
18
the terms of the agreement described in Paragraph 7.
19
20
21
19. Defendant has refused and continues to refuse to convey to plaintiff the property described
in Paragraph 6, as required by the terms of the Agreement described in Paragraph 7.
22
23
24
25
20. Plaintiff has no adequate remedy at law to enforce the provisions of the agreement
described in Paragraph 7 other than specific enforcement of the agreement.
26
21. Plaintiff is entitled to specific performance of the terms, conditions, and provisions of the
27
agreement described in Paragraph 7, by court decree, among other things, ordering defendant to
28
complete conveyance of the property described in Paragraph 6.
_______________________________________________________________________________________________________
Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
1
2
22. Plaintiff is entitled to compensation incidental to a decree of specific performance by
virtue of the delay of defendant in conveying of the property described in Paragraph 7 in that
Plaintiff was deprived of fair rental value of the property during the period of the delay.
5
6
WHEREFORE, plaintiff prays for damages as follows:
FIRST CAUSE OF ACTION
8
1. Legal damages by virtue of defendants breach of contract in the amount of $26,000.
9
10
2. Attorney fees and costs according to proof;
11
12
3. Such other and further relief as the court deems just and proper.
13
SECOND CAUSE OF ACTION
14
15
16
1. For an order decreeing that defendants shall convey the property described in Paragraph 6,
and plaintiff to pay the purchase price of $255,000, as set forth in the agreement described in
17
Paragraph 7.
18
19
20
2. For compensation incidental to the decree of specific performance as set forth above,
according to proof;
21
22
3. Attorney fees and costs according to proof;
23
24
4. Such other and further relief as the Court deems just and proper.
25
26
Date: _ _ _ _ _ _
_________________________
Masood R. Khan
27
Attorney for Plaintiff Aman Malik
28
_______________________________________________________________________________________________________
Document hosted at
http://www.jdsupra.com/post/documentViewer.aspx?fid=25893d39-1a4e-43c8-b57d-099a9d30d6e2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_______________________________________________________________________________________________________
