Kinsey Law Offices 
Complaint For Cancellation Of Written Instrument
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.

 

 
[DEFENDANT(S) NAMES]
Defendants
________________________________
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CASE NO: _______
 
COMPLAINT FOR
CANCELLATION OF WRITTEN INSTRUMENT

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

 

 DATED: _______________  __________________________________________
   (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: _________________ ___________________________________

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