This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
California Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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How to fill out Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?
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FAQ
"A complaint for declaratory relief is legally sufficient if it sets forth facts showing the existence of an actual controversy relating to the legal rights and duties of the respective parties under a written instrument and requests that these rights and duties be adjudged by the court." (Maguire v.
Subrogation Statute of Limitations California law states your insurance company must file a subrogation claim within three years of the accident that caused your injuries.
Common counts This claims that you received statements saying you owed a certain amount, and that you did not dispute the amount. The Plaintiff alleges that it gave money to you, which needs to be repaid.
Tells the court and the other side that you are starting a lawsuit based on breach of contract or a similar theory, and the general allegations you are making against the other side.
A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. example: unpaid loan.
Cause of Action?Common Counts (PLD-C-001(2)) Tells the court and the other side that you contend that the other side owes you money based on one or more of several common business practices.
Tells the court and the other side that you challenge the Complaint-Contract, and what defenses you might raise. Get form PLD-C-010. Effective: January 1, 2007.