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Complaint For Rescission Based On Fraud
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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
RESCISSION

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.



[---ALTERNATIVE ALLEGATIONS---]


<>. 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 time _____.


[----EITHER-----]


<>. 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 $______.


[----OR-----]


<>. 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

 

 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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