Fill and Sign the Complaint for Rescission Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (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 )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ---------------------------------------------------------------- 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. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 ________ [---facts showing P's performance, excuse for nonperformance, impossibility---], and Plaintiff has [---describe consideration supplied by Plaintiff---]. VIII. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Under the terms of the contract, Defendant has [---facts showing Defendant's nonperformance---] 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: -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 DATE: ____________________ ____________________ (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 , California. DATE: ____________________ ____________________ (Signature)