Assume that you were retained by Malik's attorney to actually quantify "benefit of the bargain" damages for Malik.Benefit of the bargain in this case would be the amounts that Malik would have made from the purchase, redevelopment and sale of the Caldwell property. describes what data you would want from Malik to support your calculation of the benefit of the bargain damages and reliance damages..

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 7 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 1 4. Plaintiff is unaware of the true names, capacities, or basis for liability of defendants Does 1 2 through 20, inclusive, and therefore sues said defendants by their fictitious names. Plaintiff will 3 amend this complaint to allege their true names, capacities, or basis for liability when the same 4 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 1 8. The filing of this complaint enables the recording of a notice of pending action to be filed 2 against the property referenced in paragraph 6 above, and does not constitute a waiver of the 3 mediation and arbitration provisions in accordance with the written agreement described in 4 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 attorney's 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) 6 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 3 virtue of the delay of defendant in conveying of the property described in Paragraph 7 in that 4 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: 7 FIRST CAUSE OF ACTION 8 1. Legal damages by virtue of defendant's 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 _______________________________________________________________________________________________________