Assignment #4 – Complaint
For Assignment #4 you will be preparing a Complaint as the attorney for Plaintiff Pete Davidson. I have posted on Canvas a sample Complaint for your review of what a sample Complaint looks like. Your Complaint should be at least 6 pages double spaced. I need you to double space so that I can have space to edit your Complaints. Your Complaints must include:
I. Case Style – Court, Case No.: , Plaintiff Name v. Defendant name (note when you file a Complaint you do not have a case number until the document is filed with the Clerk of Court). But you have to make sure you have a section for the Clerk to insert your case number.
II, Title – Complaint for Replevin, Assault & Battery
III. Introductory paragraph immediately following your Title.
IV. Parties, Jurisdiction, and Venue – Use the sample Complaint to allow you to compose the general facts of your case relating to who the parties are, what court your case belongs in, and the monetary value of your case that determines your case jurisdiction. Remember in class we discussed that the monetary value Davidson is seeking for the monetary damages resulting from the assault and batter is $500,000, You case will be filed in the civil circuit court for the Eleventh Judicial Circuit In and For Miami-Dade County.
V. General Facts – Please use the Pete Davidson/Ariana Grande Fact Pattern. Remember not all the facts of the fact pattern are placed into your Complaint. You have to be able to distill the most relevant facts in your case that help establish the facts that you will need to prove your causes of action (i.e., civil claims, counts).
VI. Count I – Replevin – Review your case law, secondary sources, and statute on Replevin to ensure that you make the sufficient allegations under your Count I for Replevin to ensure that you establish a prima facie case for Replevin. Your Replevin Count will be based on a statute and therefore you will need to reference that the count is based on Fla. Stat . Sec. 78.01, which states, ” Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.” So when you draft your allegations under your Count for Replevin, follow the leads your obtain from the statute in composing your Count for Replevin. For Example you need to make sure that you state that Ariana Grande wrongfully detained the …… and state why her detainment of that property is wrong. Also under the statute you can claim damages resulting from the wrongful taking or detention of the property, so if you are going to claim any such damages make sure to detail facts that support the damages you claim resulted to Davidson from Ariana’s wrongful detainment of the property. While you have the fact pattern on Canvas you can be creative and add in allegations you feel are necessary to establish your claims.
Count II – Assault – use your case law and secondary sources and your chapter work to assist you in drafting your allegations for Assault.
Count III – Battery – use your case law and secondary sources and your chapter work to assist you in drafting your allegations for Battery.
Remember the key is that you have to understand what the prima facie elements are for the particular claim you are filing. If you don’t detail sufficient allegations to support all the prima facie elements of your claim, then you risk the opposing side finding you did not allege for example, “intention” and therefore the opposing side will respond to the Complaint by filing a Motion to Dismiss.
In terms of your Wherefore clause, you can ask for monetary damages, attorneys fees and costs, and other relief that the Court may further deem just and proper. If you want to add additional items in your Wherefore clause you may.
VI. Signature Block – Create a company for yourself, and you can be the main attorney for your firm. Make sure in your signature block to invent for yourself phone number, address, fax, bar number, etc… Get used to drafting complete signature blocks that contain all necessary contact information.
Notes: For this Assignment 4 you will not need to draft a civil cover sheet or a summons.