SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]and all
persons unknown claiming any interest in the property,named as
DOES 1 Through 50,Inclusive
- Defendants
- ________________________________
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- CASE NO: _______
-
- COMPLAINT FOR PARTITION
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Plaintiff complains and for causes of
action alleges as follows:
FIRST CAUSE OF ACTION
(For ________ Against ____)
<>. The subject
of this action is certain real property situated in ____ County,
California
<>. 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.
<>. The said
real property is commonly known as ____, and more particularly
described as follows:
[-----LEGAL
DESCRIPTION-----]
<>. Plaintiff, ____, is the owner of _____[---specify proportionate
amount of interest in the property , e.g., an undivided one-sixth
interest (as shown in the title report attached to this complaint
as Exhibit "A" and made a part of this complaint by
reference)------] in the above-mentioned property which is coowned
____[----concurrently or in successive estates-----] by _____,
herein named as defendant, and which plaintiff reasonably believes
will be materially affected by this action.
<>. Defendant, ___, ___[----has or claimes---] ____[---specify
proportionate amount of interest in the property, e.g., an undivided
one-sixth interest (as shown in the title report attached to
this complaint as Exhibit "A" and made a part of this
complaint by reference)-----] in the above-mentioned property
which is coowned ____[----concurrently or in successive estates----]
by plaintiff and which plaintiff reasonably believes will be
materially affected by this action.
<>. [-----If plaintiff wishes partition as to all interests
in the property, allege---- Plaintiff designates all persons
unknown claiming any interests in the property as defendants
DOES 1 Through ____, inclusive.----]
[------EITHER------]
<>. _____ who was coowner of ____ [---specify nature and
proportionate amount of interest----] in the property is deceased,
as set out in the declaration of ____, filed with this complaint.
<>. On ___, 19___, _____ was duly appointed personal representative
of ____, deceased, by order of the Superior Court of California,
County of ____, No. ____, and is hereby joined as defendant in
this action.
[------OR---------]
<>. _____ who was a coowner of ____[----specify nature
and proportionate amount of interst-----] in the property is
____[-----deceased or believed to be deceased-----] and plaintiff
knows of no personal representative, as set out in the declaration
of ____, filed with this complaint.
<>. The plaintiff hereby joins as defendants the testate
and intestate successors of ____, ____[---deceased or believed
to be deceased----], and all persons claiming by, through, or
under ____ [---said decedent or such person----].
[------CONTINUE-----]
<>. [----If plaintiff has knowledge of an unrecorded claim
or interest in the property, allege:---- Defendant, ___, is the
owner of ___[---specify proportionate amount of interest in property-----]
which is unrecorded and coowned by plaintiff ____[----concurrently
or in successive estates----] and which plaintiff reasonably
believes will be materially affected by this action.
[--------EITHER -- if there are NO LIENS or ENCUMB. -------]
<>. There are no liens or encumbrances on the property
appearing of record or otherwise known to plaintiff or apparent
from an inspection of the property.
[-----OR---- if there are liens and encumbrances------]
<>. The liens and encumbrances on the property appearing
of record or otherwise known to plaintiff or apparent from an
inspection of the property and which plaintiff reasonably believes
will be materially affected by this action are as follows: ____[---set
out liens or encumbrances including those belonging to plaintiff,
in tabular form if there are many, showing name, nature of interest,
and amounts remaining due----].
<>. [-----If plaintiff has procured a title repore allege:
----Prior to the commmencement of this action, it was necessary
for plaintiff to procure, and ____ procured a title report. Plaintiff
incurred the expense of $_____ in procuring the title report,
and that sum is the reasonable expense thereof. The title report
is, and will be, kept available for inspection, copying, and
use by the parties at _____, California. A copy of the title
report is attached hereto as Exhibit ____ and made a part of
this complaint.-----]
<>. [-----If ownership, share or quantity of interest of
person having or claiming interest is unknown, allege: ---- The
____[---ownership or share or quantity---] of the interest claimed
by ____ is ____[---unknownd or uncertain or contingent---]. [----If
lack of knowledge, uncertainty, or contingency caused by transfer
to unborn or unascertained person or clall member, or by transfer
in form of contingent remainder, vested remainder subject to
defeasance, executory interest, or similar disposition, add:
---So far as is known to plaintiff, the following person(s)___
in being would be entitled to ownership of the interest if the
contingency on which the right of such person(s)___ depends occurred
prior to the commencement of this action: ____[---list names,
ages, birthdates of any minors, and legal disabilities, if any
for each such person, e.g. Mary Smith, a minor 12 years old,
born October 22, 19___.-----]
<>. [-----If parties agree to partition by sale, allege:----Plaintiff,
____, and defendant _____ have agreed to partition by sale of
the property in question [----and said agreement is attached
to this complaint as Exhibit ____ and made a part of this complaint
by reference----]
<>. [----If plaintiff seeking partition by sale without
agreement, allege: -----Partition by sale of the property is
more equitable than division in kind of the property because
_____[----set forth facts showing that sale is more equitable,
e.g., since the property is ____, it cannot be physically divided----].
<>. [-----If partition of successive estates is involved,
allege: ---- Partition of the successive estates in the property
is in the best interests of all the parties because _____[----set
forth facts showing that such partition is in the best interests
of the parties, e.g., the property is so old that it requires
extraordinary repairs, the expense of which has become unduly
burdensome to the holder of the possessory interest.-----]
<>. This action is brought and partition is sought herein,
for the common benefit of the parties, to preserve and secure
to each of them ____ respective interest and rights in the property,
and plaintiff has incurred, and will incur, costs of partition
herein, including reasonable attorney's fees, for the common
benefit of the parties hereto, in _____[----set forth either
the approximate sum or state an amount not yet ascertainable-----].
[----- OPTIONAL - FOR ACCOUNTING ----]
<>. Between ___, 19___ and ___, 19___, defendant ____[---specify
facts, e.g, collected and received from the tenants in possession
of the real property all the rents and profits from the real
property, amounting to at least $_____ -----].
<>. Plaintiff has heretofore demanded of defendant that
____ account to plaintiff for any and all sums so received by
____, and that ____ pay to plaintiff ____ share thereof, but
defendant has failed and refused to make such accounting or to
pay to plaintiff the sums due to ___ and still fails and refuses
to do so.
<>. Due to defendant's refusal to make an accounting of
_____ or to pay to plaintiff the sums due ___, as alleged above,
____[----specify effect, e.g., the proceeds from future rents
and profits of said real property are in danger of being lost
or misappropriated by defendant----] unless a receiver is appointed
by the court to _____[----specify, e.g., take possession of the
real property and to collect the rents until this action is finally
determined----].
WHEREFORE, plaintiff__ pray__ judgment
against defendant__ and each of them, as follows:
1. For partition
____[---in kind or by sale----] of the ____[---specify present
or future or both----] interests in the property according to
the respective rights of the parties hereto;
2. For the expense reasonably incurred by plaintiff in obtaining
a title report of the real property ____[---in an amount not
yet ascertainable----], with interest thereon from ____, 19___[----date
of commencement of action];
3. That the costs of partition, and of this action, including
reasonable counsel fees expended by plaintiff and defendants
for the common benefit, fees and expenses of referees, and other
disbursements be ordered paid by the parties respectively entitled
to share in the lands divided, in proportion to their respective
interests therein and more particularly that plaintiff be reimbursed
for sums advanced in this regard beyond ____ just proportion
thereof, and that the costs be included and specified in the
judgment and become a lien on the several shares of the parties;
4. For the costs of partition, including attorney's fees, necessarily
incurred by a party for the common benefit in prosecuting or
defendant other actions or other proceedings for the protection,
confirmation, or perfection of title, setting the boundaries,
or making a survey of the property, with interest thereon from
___, 19___[----date of making expenditures----]; and
[----OPTIONAL --- RE ACCOUNT., RECEIVER ---]
<>. ________
5. For such other and further relief as the court may 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: _________________ ___________________________________
