Kinsey Law Offices 
Complaint For Rescission For Failure Of Consideration
 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home

 

When You Need An Experienced Civil Litigation Attorney
- Negotiation -
- Settlement -
- Trial -
E-Mail Us
Sample Only
Use At your Own Risk

 

    (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
________________________________
) 
)
)
)
)
)
)
)
)
)
)
CASE NO: _______
 
COMPLAINT FOR
RESCISSION FOR FAILURE OF CONSIDERATION

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__, plaintiff__ and defendant___ entered into a written contract by the terms of which plaintiff__ was__ to ___ and defendant__ was__ wo ____. [---A copy of said contract is attached hereto and incorporated herein by reference as Exhibit "____".


<>. On or about ___, 19___, plaintiff ___, and thereby performed everything required by the contract to be performed by ___.


<>. On or about ___, 19__, plaintiff__ discovered that the consideration for said agreement had failed in that ____.


<>. On or about ___, 19__, by written notice to defendant___, a copy of which is attached hereto as Exhibit "___" and made a part hereof, plaintiff__ rescinded the contract for failure of consideration and demanded restitution of _____.


<>. Defendant__ has__ failed and refused, and continues__ to fail and refuse, to restore to plaintiff__ the consideration paid by ___ or any part thereof.


<>. By reason of defendant__' failure to restore the consideration paid by plaintiff__, plaintiff__ has__ been damaged in the sum of $____, together with interest thereon at the rate of ten percent per annum from ____, 19___.

 

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: _________________ ___________________________________

 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home