SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
- ________________________________
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- CASE NO: _______
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- COMPLAINT FOR
- REFORMATION OF CONTRACT
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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.
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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: _________________ ___________________________________
