Petition Generator - Taren Marsaw

Petition Generator – Texas Civil Trials

Step 1 of 4

25%

Will you need injunctive relief?

Yes

Caption

Discovery Control Plan

Level 1 Expedited Action

Level 1 Non Expedited Action

Level 2

Level 3

Claim for Relief

Plaintiff

Plaintiff 1's Name(Required)

Capacity(Required)

Name of person/trust/estate who suit is brought on behalf of?(Required)

minor child, incapacitated person, decedent’s name, name of trust include Name, decedent for decedent; include Name, minor child/incapacitated person for incapacitated.

Address of person/trust/estate who suit is brought on behalf of(Required)

Personal Contacts(Required)

Doing Business As Name(Required)

Plaintiff 1's County(Required)

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County in all Caps(Required)

Plaintiff 1's address(Required)

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Plaintiff’s Designation

This should change via gravity flow, depending on what the capacity is.

Select the option that is true

Last three digits of Plaintiff's driver's license(Required)

Last three digits of Plaintiff's social security number(Required)

Defendant

Defendant's Name(Required)

Select One

Defendant is a resident individual

Defendant is a resident corporation

Defendant is a resident partnership or association

Defendant is a resident insurer

Defendant is a nonresident individual

Defendant is a nonresident corporation

Defendant is a nonresident partnership or association

Defendant is a nonresident joint-stock company

Defendant is a nonresident insurer

Defendant is a governmental unit

Defendant's address(Required)

Describe defendant's capacity to be sued(Required)

Defendant Declaration ¶

Choose a Jurisdiction Allegation

Facts of the Case(Required)

On {date}, at {identify location}, {County}, Texas, {describe events that resulted in lawsuit}.

Facts of the Case ¶

Cause of Action 1(Required)

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Cause of Action 1 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 1 AI ¶

Cause of Action 2(Required)

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Cause of Action 2 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 2 AI ¶

Cause of Action 3(Required)

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Cause of Action 3 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 3 AI ¶

Cause of Action 4(Required)

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Cause of Action 4 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 4 AI ¶

Cause of Action 5(Required)

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Cause of Action 5 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 5 AI ¶

Cause of Action 6 AI ¶

Are you alleging any of the following causes of actions?

Note that each of these are entitled to recover at least nominal damages

Breach of contract

Assault

Defamation

Invasion of privacy

Trespass

Personal Injury Damages

Select all that apply.

Past pain and suffering

Future pain and suffering

Past mental Anguish

Future mental anguish

Physical disfigurement

Physical impairment

Aggravation of preexisting condition

Medical expenses, past and future

Loss of past earning capacity

Loss of future earning capacity

Loss of consortium

Loss of household services

Exemplary damages

Contractual Damages

Select all that apply.

Expectancy — loss in value

Expectancy — lost profits

Expectancy — cost of delay in performance

Expectancy — cost of mitigation

Expectancy — cost of substitute performance

Expectancy — loss of credit reputation

Expectancy — loss of financing

Reliance

Restitution

Business Damages

Select all that apply.

Benefit-of-the-bargain

Out-of-Pocket

Lost Profits

Damage to Business’s Credit Reputation

Loss of goodwill

Exemplary damages

Miscellaneous Damages

Select all that apply.

Prejudgment interest — common law

Prejudgment interest — statutory or contract

Postjudgment interest

Attorney fees

Equitable Relief ¶

To help you with numbering paragraphs correctly following the format you’ve described, I’ll presume the previous section ended with paragraph 6.5. Below is a hypothetical example of how to number the paragraphs for the next section and how to draft a statement for equitable relief according to Tex. R. Civ. P., using the formula you’ve provided. Please adjust the content to fit the specific details of your case:

—

**Paragraphs:**

7.1 The plaintiff contends that the defendant’s actions constitute a breach of contract, causing significant financial damages and loss of business opportunities.

7.2 The plaintiff alleges that the defendant knowingly misrepresented key facts pertaining to the agreement, which the plaintiff relied upon to their detriment.

7.3 The plaintiff asserts that the defendant’s actions resulted in unjust enrichment at the plaintiff’s expense, warranting a remedy to prevent ongoing harm.

7.4 The plaintiff claims that the defendant failed to fulfill their obligations under the contract, resulting in delays and increased costs for the plaintiff.

7.5 The plaintiff has suffered irreparable harm as a result of the defendant’s actions, which cannot be adequately compensated through monetary damages alone.

—

**Equitable Relief Designation/Statement:**

Plaintiff seeks an injunction to prevent further breach of contract by the defendant. The defendant’s continued actions threaten ongoing harm and irreparable damage to the plaintiff’s business reputation and operations. Monetary damages are insufficient to address the plaintiff’s injuries, making equitable relief necessary to uphold justice.

—

Please verify which cause of action is eligible for equitable relief in your situation before filling in the equitable relief section according to the reality of your case and the applicable legal authorities.

Jury Demand ¶

Conditions Precedent ¶

Objection to Associate Judge ¶

Prayer ¶

To effectively draft the prayer in your petition under the Texas Rules of Civil Procedure (Tex. R. Civ. P.), we need to accurately reflect the causes of action and associated damages you are pursuing. Since you haven’t yet provided specific causes of action or complete details of the damages you seek, I’ll outline the structure and provide hypothetical examples.

Please review and modify these examples based on the specific allegations and damages in your case:

—

**Prayer for Relief:**

For these reasons, plaintiff asks that the Court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against defendant for the following:

a. **Actual Damages:**
   1. Past pain and suffering (personal injury – general damages)
   2. Past mental anguish (personal injury – general damages)
   3. Benefit-of-the-bargain damages (business – general damages)
   4. Expectancy – loss in value (contractual – general damages)

b. **Equitable Relief:**
   – [Specify any equitable relief sought, such as specific performance, injunction, etc. Describe the nature of this relief and why it is necessary.]

c. **Exemplary Damages:**
   – Exemplary damages for [specify the basis, e.g., gross negligence or malice]. Please provide specific factual allegations that justify these damages, according to Tex. Civ. Prac. & Rem. Code § 41.003.

d. **Prejudgment and Postjudgment Interest:**
   – Prejudgment interest as allowed by statutory or contract terms (general),
   – Postjudgment interest at the maximum legal rate (general).

e. **Court Costs:**
   – All costs incurred in this action.

f. **Attorney Fees:**
   – Attorney fees related to this action. Please state the agreement or statute under which these fees are sought.

g. **All Other Relief:**
   – Nominal damages for [specify cause of action, e.g., breach of contract]. Nominal damages are necessary to establish the right to relief and as a basis for attorney fees under Tex. Civ. Prac. & Rem. Code § 38.001.
   – Any and all additional relief, whether at law or in equity, to which plaintiff is justly entitled.

—

**Instructions for Specifically Pleading Special Damages:**

For each special damage you intend to claim, provide a clear and detailed factual basis that supports the claim. Here is an outline of how you might plead a specific special damage:

– “Future Pain and Suffering: Plaintiff seeks compensation for future pain and suffering due to ongoing medical issues related to the injuries sustained. Plaintiff anticipates continual medical treatment and therapy, which is substantiated by [evidence, e.g., medical expert testimony or reports].”

– “Medical Expenses, Past and Future: Plaintiff seeks compensation for past medical expenses totaling $[amount], incurred due to treatment and rehabilitation. Additionally, future medical expenses estimated at $[amount] are sought, based on recommendations from [medical provider’s name].”

For any unlisted damages or if you need further expert guidance, please let me know your specific details, and I can tailor the advice to your situation.

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Date of Service AI