SUPERIOR COURT OF THE STATE
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- [DEFENDANT(S) NAMES]
- CASE NO: _______
- COMPLAINT FOR
- SPECIFIC PERFORMANCE OF RENTS-AND-PROFITS CLAUSE AND FOR
APPOINTMENT OF RECEIVER
Plaintiff complains and for causes of
action alleges as follows:
<>. 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.
FIRST CAUSE OF ACTION
(Specific Performance of Assignment of Rents Clause)
<>. On or about ---, 19--, for valuable consideration,
defendant-- ------ executed a written promissory note in favor
of plaintiff for the principal sum of ----Dollars ($----), bearing
interest at the rate of 16% per annum and requiring monthly payments
of -----Dollars ($---). A true and correct copy of said note
is attached hereto as Exhibit (---"A"---) and incorporated
herein by reference.
<>. To secure payment of the principal sum and interest
as provided in the promissory note, and as part of the same transaction,
defendant-- ------- executed a certain deed of trust in favor
of plaintiff--, as beneficiary, dated ----, 19--, by the terms
of which deed of trust said defendant--, as trustor--, conveyed
to --------, as trustee, real property situated in the County
of ----, State of California, commonly described as ---------,
and legally described as follows:
<>. The deed
of trust was recorded on ----- as instrument number ------ in
the Official Records of the County of -----, State of California.
A true and correct copy of said deed of trust is attached hereto
as Exhibit (---"B"---) and incorporated herein by reference.
The property consists of ------ generating rental income of approximately
$---- to $---- per month.
<>. On or about ----, 19--, defendant-- ------- executed
a ----- deed in favor of defendant ----- and conveyed said property
to said defendant. Said ---- deed was recorded on ---, 19-- as
instrument number ------. A true and correct copy of said ----
deed is attached hereto as Exhibit (---"C"---) and
incorporated herein by r
otice of default
was recorded as instrument number ----- in the Official Records
of ----- County, State of California. A true and correct copy
of the face sheet of the notice of default is attached hereto
as Exhibit (---"D"---) and incorporated herein by reference.
<>. Paragraph --- of the deed of trust containes the following
assignment of rents clause:
(---As additional security hereunder, Borrower hereby assigns
to Lender the rents of the Property, provided that Borrower shall,
prior to acceleration under paragraph 18 hereof or abandonment
of the Property, have the right to collect and retain such rents
as they become due and payable.
Upon accelerationunder paragraph 18 hereof or abandonment ofthe
Property, Lender, in person, by agent or by judicially appointed
receiver shall be entitled to enter upon, take possession of
and manage the Propewrty and to collect the rents of the Property
including those past due. All rents collected by Lender or the
receiver shall be applied first to payment of the costs of management
of the Property and collection of rents, including, but not limited
to, receiver's fees, premiums on receiver's bonds and reasonable
attorney's fees, and then to the sums secured by this Deed of
Trust. Lender and the receiver shall be liable to account only
for those rents actually received.
<>. Plaintiff has no adequate remedy at law to enforce
the foregoing assignment or rents provision.
WHEREFORE, plaintiff-- pray-- for judgment against defendants
1. For the appointment of a receiver to take possession of the
property and to conserve and manage it and to collect any and
all prepaid or current rents and profits therefrom and any and
all security deposits received by defendants in connection with
the rental thereof;
2. For an order that defendants and anyone in holding under it
deliver possession of the property and the rents and profits
therefrom and any books of account reflecting the same to the
3. For reasonable attorney's fees;
4. For costs of suit incurred herein; and
5. For such other and further relief as the court deems just
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: _________________ ___________________________________