SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
- ________________________________
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- CASE NO: _______
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- COMPLAINT FOR
- CANCELLATION OF WRITTEN INSTRUMENT
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Plaintiff complains and for causes of
action alleges as follows:
FIRST CAUSE OF ACTION
(For ________ Against ____)
<>. Defendant__, ___ is__, and
at all times herein mentioned was__, a resident__ of the City
of ___, County of __, State of California.
<>. Defendant__, ___, is__, and
at all times herein mentioned, was__ a Corporation organized
and existing under the laws of the State of California with principle
offices located at ___, in the City of ___, County of ___.
<>. Plaintiff__ is__ ignorant
of the true names and capacities of defendants sued herein as
DOES I through X, inclusive, and therefore sues__ these defendants
by such fictitious names. Plaintiff__ will amend this complaint
to allege their true names and capacities when ascertained.
<>. Plaintiff__ is__ informed
and believes__ and thereon alleges__ that, at all times herein
mentioned, each of the defendants sued herein was the agent and
employee of each of the remaining defendants and was at all times
acting within the purpose and scope of such agency and employment.
<>. There
is in existence a certain written instrument which purports to
be ___ [---describe instrument---]. The form and contents of
the ___ are ___. A true and correct copy of the said written
instrument is attached hereto and incorporated herein by reference
as Exhibit _____. The ___ is in the possession and under the
control of the ____.
<>. [---Allege facts making instrument void or voidable
against the plaintiff----]
<>. [---Allege such other facts as are necessary to show
that plaintiff is the person against whom the instrument is void
or voidable----]
<>. Plaintiff___ did not know until ___, 19__, that [----state
facts constituting ground for rescission of underlying transaction
making instrument voidable----], and on that date ___ [---describe
circumstances under which plaintiff discovered such facts, including
explanation for any delay----].
<>. [---Allege facts showing a reasonable apprehension
that if left outstanding the instrument may cause serious injury
to plaintiff---eg.---If the ___ is left outstanding, plainiff
may be required to pay it or to defend a sawsuit based on it,
and by refusing to pay it, plaintiff may be damaged in his credit.
Defendant has refused to surrender the ___ to plainiff and has
communicated to plaintiff an intention to hold the ___ for paymment
according to its terms.-----]
<>. [----Allege facts establishing a basis for a claim
for damages as additional relief, if any. e.g. -----On ___, 19__,
before plaintiff discovered that the purported signature of ___
on the ___ is not genuine, plaintiff paid to defendant the sum
of $____ as the installment payment due on that date according
to the terms of the ___.
<>. [----Allege facts establishing a basis for a claim
for exemplary dammages, if any, e.g. ----Defendant transferred
the ___ on or about ___, 19__ to ___ for value. Defendant knew
at the time of making the transfer that the purported signature
___ on the ___ is not genuine, but he did not disclose this fact
to the trasferee. Defendant made the transfer with intent to
defraud plaintiff. Plaintiff therefore seeds exemplary and punitive
damages in the sum of $_____.
WHEREFORE, plaintiff__ pray__ judgment
against defendant__ and each of them, as follows:
<>. That the
___ be declared void.
<>. That defendant___ deliver the ___ forthwith to the
clerk of the court for cancellation.
<>. For damages, in the event thatdefendant fails to surrender
the ___ for cancellation pursuant to the judgment, in the sum
of $___, plus interest thereon from and after ___, 19__[--date
of execution of instruent---], at the rate of ____ percent per
annum, as compensation and in lieu of cancellation.
<>. For damages in the sum of $____, plus interest thereon
from and after ___, 19__, at the rate of ___ percent per annum.
<>. For exemplary and punitive damages in the sum of $____.
<>. For costs of suit herein incurred.
<>. For such other and further relief as the courtmay deem
proper
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DATED: _______________ |
__________________________________________ |
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(Signature) |
VERIFICATION
I, ___, am a ___in the above-entitled
action. I have read the foregoing ___and know the contents
thereof. The same is true of my own knowledge, except as to those
matters which are therein alleged on information and belief,
and as to those matters, I believe it to be true.
I declare under penalty of perjury that
the foregoing is true and correct and that this declaration was
executed at Long Beach, California.
DATED: _________________ ___________________________________
