Kinsey Law Offices 
Complaint For Reformation Of Contract
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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
REFORMATION OF CONTRACT

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 ___, Plaintiff__ and Defendant___ negotiated for and mutually agreed to ____. The purpose of the agreement was to ____.

<>. The ___[--the oral agreement which was later reduced to writing--] agreement of the Plaintiff___ and Defendant___ consisted in pertinent part, of the following terms. Defendant___ agreed to ____. Plaintiff___ agreed to ___.

<>. ___[--the reduction to writing--e.g. On ___ in ___, California, Plaintiff__ and Defendant__ executed a written lease to cary out their intended agreement, a grue and correct copy of which is attached as Exhibit ___ and is incorporated herein by reference.

<>. The above-described written ____ fails to reflect the true intent of the parties in that _____. To reflect the true intent of the parties, it should instead provide that ____.

<>. The above-described failure of the written ___ to reflect the true intent of the parties resulted from a unilateral mistake on the part of ___ in that _____.

[--OPTIONAL- KNOWN MISTAKE OF FACT--]

<>. Defendant___[--knew of or suspected]0-- the above-described mistake at the time of execution of the written ___ in that ___[--e.g. -- prior to signing the agreement, specifically asked to review the rental clause of the agreement, in view of the parties extensive negotiations with respect to the calculation of rent.].

[--OPTIONAL - MUTUAL MISTAKE OF LAW --]

<>. The above-described failure of the written ___ to rellect the true intent of the parties resulted from a mutual mistake of law by Plaintiff__ and Defendant__ in that ____.

[--OPTIONAL - UNILATERIAL MISTAKE KNOWN BY OTHER --]

<>. The above-described failure of the written ___ to reflect the true intent of the parties resulted from a mistake of law on the part of ____ which knew or suspected at the time of execution of the agreement in that ____.

[--OPTIONAL - BASED ON FRAUD --]

<>. The above-described failure of the written ___ to reflect the true intent of the parties resulted from Defendant__'s false representation to Plaintiff that the above-mentioned written instrument embodied their real agreement.

<>. Without the knowledge of the true facts and in reliance on defendant___'s false representations, Plaintiff__'s was__ deceived and misled into signing a writing that differed materially from the prior oral understanding of the parties. Plaintiff__'s reliance on defendant's false representations that thewritten ___ conformed to the parties' intended agreement was reasonable and justified in that ___ [--e.g.-- Defendant had previously shown plaintiff a writing that contained the parties intended agreement and plaintiff believed that it was this writing that she was asked to sign and did, in fact sign.--]

[--OPTIONAL - MUTUAL MISTAKE OF FACT--]

<>. The above-described failureo of the written ___ to reflect the true intent of the parties resulted from a mutual mistake of both parties in that ___[--e.g. -- the escrown agent employed by the parties to arrange the loan inadvertently used a standare printed form of note containing a provision . . . . .--]

[--CONTINUE--]

<>. Plaintiff__, although not a named party to the above-described written ___ may nonetheless suffer ___[--prejudice and/or pecuniary loss--] unless the ___ is reformed, in that ___.

<>. On or about ___, Plaintiff__discovered the error in the written ___ when ___.

WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of them, as follows:

1. For the reformation of the written ___ to reflect the true intent of the parties, as follows: _____

2. For costs of suit herein incurred; and

3. For such other and further relief as the Court may deem 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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