SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR
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.
On or about ___, 19__, in ___, California, plaintiff__ and defendant__
entered into a written [---or oral---] contract whereby plaintiff__
and defendant__ agreed ____.
<>. On or about ____, defendant__, with intent to deceive
plaintiff__ and to induce ___ to enter into said contract, [--set
forth misrep, falsity, defendant's knowledge---]. Plaintiff,
in reasonable reliance thereon, entered into said contract
<>. Under the terms of the contract, plaintiff has ___
[---facts showing P's performance, excuse for nonperformance,
impossibility---], and plaintiff has [---describe consideration
supplied by plaintiff---].
<>. Under the terms of the contract, defendant has [---facts
showing defendant's nonperformance---]
<>. Plaintiff___ had no knowledge of said injury cause
to ___ by defendant__ until on or about ____, 19__, at which
<>. Plaintiff intends service of summons of this complaint
to serve as notice of rescission of the aforementioned contract,
and hereby offers to restore all consideration furnished by defendant___
under said contract, on condition that defendant restore to ___
the consideration furnished by plaintiff___ in the sum of $______.
<>. On or about ____, 19__, plaintiff__ notified defendant___
in writing that ___ had rescinded said contract on the ground
of ____ and offered to restore to defendant___ all consideration
given by ___ on condition that defendant___ restore to plaintiff___
the consideration advanced by ___ in the sum of $_____. Defendant___
refused, and does now refuse, to return said consideration [---or
to recognize that said contract has been rescinded----].
<>. Plaintiff___ will suffer irreparable and substantial
harm if consideration furnished by ___, in the sum of $___, with
interest thereon at the rate of ten percent per annum from ___,
19__, the date of rescission, is not restored, in that _____.
WHEREFORE, plaintiff__ pray__
judgment against defendant__ and each of them, as follows:
1. A determination
by the Court that said contract has been rescinded and ordering
restitution of the consideration paid [---or given----] by plaintiff__
in the sum of $____, with interest at the rate of ten percent
per annum from ___, 19___
2. For costs of suit herein incurred.
3. For such other and further relief as the Court deems proper
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: _________________ ___________________________________