SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR
- CONSTRUCTIVE TRUST
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.
<>. As a proximate result of the defendant___ fraudulent
misrepresentatios and otherwise wrongful conduct as elleged herein,
Plaintiff__ is__ [----state threatened damages---]
<>. By reason of the fraudulent and otherwise wrongful
manner in which the defendants___, or any of them, obtained their
alleged right, claim or interest in and to the property, defendant___,
and each of them, have no legal or equitable right, claim or
interest therein, but, instead, Defendant___, and each of them
are involuntary trustees holding said property and profits therefrom
in constructive trust for Plaintiff___ with the duty to convey
the same to Plaintiff___ forthwith.
WHEREFORE, plaintiff__ pray__ judgment
against defendant__ and each of them, as follows:
<>. For a
declaration that Defendant___ hold the ___ as constructive trustees
for the benefit of the Plaintiff___;
<>. For costs of suit incurred herein; and
<>. For such other and further relief as the court may
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: _________________ ___________________________________