Complaint for Rescission

COMPLAINT FOR RESCISSION

State Bar No:

Attorney for (Or "In Pro Per")

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF

COMPLAINT FOR RESCISSION

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(For Against )

I.

Defendant, is and at all times herein mentioned was a resident of the City of County of State of California.

II.

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

III.

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.

IV.

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---]

V.

On or about 20 in California, Plaintiff and defendant entered into a written [---or oral---] contract whereby Plaintiff and Defendant agreed

VI.

On or about Defendant with intent to deceive Plaintiff and to induce to enter into said contract, [--set forth misrep., falsity, Defendant's knowledge] Plaintiff, in reasonable reliance thereon, entered into said contract.

VII.

Under the terms of the contract, Plaintiff has , and Plaintiff has

VIII.

Under the terms of the contract, Defendant has

IX.

Plaintiff had no knowledge of said injury cause to by Defendant until on or about 20 at which time

[----EITHER-----]

X.

Plaintiff intends service of summons of this complaint to serve as notice of rescission of the aforementioned contract, and hereby offers to restore all consideration furnished by Defendant under said contract, on condition that Defendant restore to the consideration furnished by Plaintiff in the sum of $

[----OR-----]

XI.

On or about 20 Plaintiff notified Defendant in writing that had rescinded said contract on the ground of and offered to restore to Defendant all consideration given by on condition that Defendant restore to Plaintiff the consideration advanced by in the sum of $ Defendant refused, and does now refuse, to return said consideration [---or to recognize that said contract has been rescinded----].

XII.

Plaintiff will suffer irreparable and substantial harm if consideration furnished by in the sum of $ with interest thereon at the rate of ten percent per annum from 20 the date of rescission, is not restored, in that

WHEREFORE, Plaintiff pray judgment against Defendant and each of them, as follows:

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 20.

For costs of suit herein incurred.

For such other and further relief as the Court deems proper

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 California.