Sample 8
Sample 8
Plaintiffs,
vs.
Defendants.
---
## PARTIES
1. **Plaintiffs** are individuals and business owners residing in California, and are co-owners of the real
property located at [INSERT PROPERTY ADDRESS] (the "Property").
2. **Defendants** are individuals and/or business entities residing or doing business in California, and
are also co-owners of the Property.
3. This Court has jurisdiction over this matter pursuant to California Code of Civil Procedure § 394, as the
Property is located within this jurisdiction.
4. Venue is proper in this Court because the Property is situated in [INSERT COUNTY], California.
## FACTUAL BACKGROUND
5. Plaintiffs and Defendants are co-owners of the Property, which was acquired on [INSERT DATE OF
ACQUISITION] for the purpose of operating a rental business.
6. The Property is legally described as follows: [INSERT LEGAL DESCRIPTION OF THE PROPERTY].
7. The co-ownership of the Property has become untenable due to irreconcilable differences among the
owners regarding the management, operation, and financial responsibilities associated with the
Property.
8. Plaintiffs have made substantial investments in the Property, including but not limited to
maintenance, repairs, and improvements, which have not been compensated by the Defendants.
9. Efforts to resolve the disputes amicably have been unsuccessful, and the parties have reached an
impasse regarding the future management of the Property.
## CAUSE OF ACTION FOR PARTITION
10. Plaintiffs incorporate by reference all preceding paragraphs as though fully set forth herein.
11. Under California Code of Civil Procedure § 872.210, any co-owner of property may bring an action
for partition.
12. Plaintiffs seek a partition of the Property in accordance with the provisions of California law, either
by physical division of the Property or by sale of the Property and division of the proceeds among the
co-owners.
13. Plaintiffs believe that partition is necessary and appropriate due to the following reasons:
a. The co-owners cannot agree on the management and operation of the Property.
b. The continued co-ownership is causing financial strain and emotional distress to the Plaintiffs.
c. The Property is not being utilized to its fullest potential due to the disputes among the owners.
14. Plaintiffs are entitled to their respective shares of the Property and any profits derived from the
rental operations.
3. An award of damages for any losses incurred by Plaintiffs due to the disputes and mismanagement of
the Property;
4. An award of attorney's fees and costs incurred in bringing this action; and
5. Such other and further relief as the Court deems just and proper.
**By:** ___________________________
---
This complaint template provides a structured format for initiating a partition action among business
owners of a rental property in California. It includes necessary elements such as parties, jurisdiction,
factual background, cause of action, and a prayer for relief. Be sure to customize the sections in brackets
with relevant details specific to your case.