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and made a part hereof, plaintiff__ rescinded the contract for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: _________________ ___________________________________
