SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]
- Defendants
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-
- ________________________________
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- CASE NO: _______
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- COMPLAINT TO SET ASIDE FRAUDULENT TRANSFER
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Plaintiff complains and for causes of
action alleges as follows:
1. Plaintiff __________ [name] is, and
at all times
mentioned in this complaint was, a resident of __________
County, California.
2. Defendant __________ [name of transferor]
is, and at all times mentioned in this complaint was, a resident
of
__________ County, California.
3. Defendant __________ [name of transferee]
is, and at
all times mentioned in this complaint was, a resident of
__________ County, California.
4. Plaintiff does not know the true
names of defendants
DOES 1 through 25, inclusive, and therefore sues them by those
fictitious names. The names, capacities and relationships of
DOES 1 through 25 will be alleged by amendment to this complaint
when they are known. __________ [Optionally, in addition to
language in charging allegations that includes fictitiously
named defendants: Plaintiff is informed and believes, and on
the basis of that information and belief alleges, that each of
those defendants was in some manner legally responsible for the
events alleged in this complaint and for plaintiff's injuries
and damages.]
5. Plaintiff is informed and believes
and on that basis
alleges, that at all times mentioned in this complaint,
defendants were the agents and employees of their codefendants,
and in doing the things alleged in this complaint were acting
within the course and scope of that agency and employment.
6. On __________ [date], plaintiff obtained
a final money
judgment for the sum of $__________ against defendant __________
[name of transferor] in the __________ [name of court], in an
action entitled __________ [name of action and case number].
On
__________ [date], an abstract of the final money judgment was
recorded in the office of the County Recorder of __________
County, California at __________ [book and page number].
7. By virtue of that judgment, plaintiff
acquired a
judgment lien on all of the right, title, and interest of
defendant __________ [name of transferor], in and to all of
defendant's real property, including but not limited to real
property located in __________ County, California and described
as follows: __________ [set forth legal description].
8. __________ [Set forth facts establishing
transferor's
ownership of real property, such as: On and after __________
(date), defendant __________ (name of transferor), was the
executor of the last will and testament of __________ (name),
deceased. The real property described in paragraph 7 of this
complaint was part of the property owned by testator at the time
of __________ (his or her) death, was inventoried in and was
a
part of __________ (his or her) estate, and by that will was
devised to defendant __________ (transferor).]
9. Prior to __________ [date], defendant
__________ [name
of transferor], and defendant __________ [name of transferee],
fraudulently and unlawfully agreed and conspired together to
conceal the true ownership of the real property with intent to
defraud creditors of defendant __________ [name of transferor],
and especially plaintiff, by __________ [set forth facts
establishing intent to defraud]. By virtue of the conspiracy
and the acts in pursuit of it, the real property as of
__________ [date], was recorded in the name of defendant
__________ [name of transferee], but the property was in fact
owned by defendant __________ [name of transferor]. Defendant
__________ [name of transferee], paid no consideration for the
real property and title is vested in defendant __________ [name
of transferee], as trustee for defendant __________ [name of
transferor], and subject to the judgment lien of plaintiff.
WHEREFORE, plaintiff demands judgment
against defendants as
follows:
1. For an order from this court that
the transfer from
defendant __________ [name of transferor], to defendant
__________ [name of transferee], be set aside and voided to the
extent necessary to satisfy plaintiff's claim in the amount of
$__________ plus interest at the legal rate;
2. For an order enjoining defendant
__________ [name of
transferee] from selling, encumbering, or disposing of the real
property described in paragraph 7 of this complaint;
3. For costs of suit; and
4. For such further relief as the court
considers 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: _________________ ___________________________________
