Fill and Sign the Attorney for or Quotin Pro Perquot Form

-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 [and all persons unknown claiming any interest in the property, named as DOES 1 Through 50, Inclusive Defendants] -------------------------------------------------------------- COMPLAINT FOR PARTITION Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION (For ________________ Against ________) I. The subject of this action is certain real property situated in ________ County, California. II. Defendant ____, _____ is ____, and at all times herein mentioned was ____, a resident____ of the City of _____, County of ____, State of California. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. 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 _____. IV. 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 . V. 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 wit hin the purpose and scope of such agency and employment. VI. The said real property is commonly known as ________, and more particularly described as follows: [----- LEGAL DESCRIPTION ----- ] VII. Plaintiff, ________, is the owner of _________ [ --- specify pr oportionate amount of interest in the property , e.g., an undivided one -sixth interest (as shown in the title report attached to this complaint as Exhibit "A" and made a part of this complaint by reference) ------ ] in the above -mentioned property which is c o-owned ________[ ---- concurrently or in successive estates -- --- ] by _________, herein named as Defendant, and which Plaintiff reasonably believes will be materially affected by this action. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VIII. Defendant, _____, _____[ ---- has or claims --- ] ________[ --- specify proportionate amount of interest in the property, e.g., an undivided one -sixth interest (as shown in the title report attached to this complaint as Exhibit "A" and made a part of this complaint by reference) ----- ] in the above -mentioned property wh ich is co -owned ________[ ---- concurrently or in successive estates ---- ] by Plaintiff and which Plaintiff reasonably believes will be materially affected by this action. IX. [----- If Plaintiff wishes partition as to all interests in the property, allege --- - Plaintiff designates all persons unknown claiming any interests in the property as Defendants DOES 1 Through ________, inclusive. ---- ] [------ EITHER ------ ] X. _________ who was co owner of ________ [ --- specify nature and proportionate amount of interes t---- ] in the property is deceased, as set out in the declaration of ________, filed with this complaint. XI On _____, 20_____, _________ was duly appointed personal representative of ________, deceased, by order of the Superior Court of California, County of ________, No. ________, and is hereby joined as Defendant in this action. [------ OR --------- ] XII. _____ ____ who was a co owner of ________ [ ---- specify nature and proportionate amount of interest ----- ] in the property is ________ [ ----- deceased or believed to be deceased ----- ] and Plaintiff knows of no personal representative, as set out in the declaration of ________, filed with this complaint. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XIII. The Plaintiff hereby joins as Defendants the testate and intestate successors of ________, ________ [ --- deceased or believed to be deceased ---- ], and all persons claiming by, through, or under ________ [ --- said decedent or such person ---- ]. [------ CONTINUE ----- ] XIV. [---- If Plaintiff has knowledge of an unrecorded claim or interest in the property, allege: ---- Defendant, _____, is the owner of _____[ --- specify proportionate amount of interest in property -- --- ] which is unrecorded and co owned by Plaintiff ________ [ ---- concurrently or in successive estates ---- ] and which Plaintiff reasonably believes will be materially affected by this action. [-------- EITHER -- if there are NO LIENS or ENCUMB. ------- ] XV. There are no liens or encumbrances on the property appearing of record or otherwise known to Plaintiff or apparent from an inspection of the property. [----- OR ---- if there are liens and encumbrances ------ ] XVI. The liens and encumbrances on the proper ty appearing of record or otherwise known to Plaintiff or apparent from an inspection of the property and which Plaintiff reasonably believes will be materially affected by this action are as follows: ________[ --- set out liens or encumbrances including tho se belonging to Plaintiff, in tabular form if there are many, showing name, nature of interest, and amounts remaining due ---- ]. XVII. [----- If Plaintiff has procured a title report allege: ---- Prior to the commencement of this action, it was necessary for Plaintiff to procure, and ________ procured a title report. Plaintiff incurred the expense of $_________ in procuring the title report, and that sum is the reasonable -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expense thereof. The title report is, and will be, kept available for inspection, copyi ng, and use by the parties at _________, California. A copy of the title report is attached hereto as Exhibit ________ and made a part of this complaint. ----- ] XVIII. [----- If ownership, share or quantity of interest of person having or claiming interest is unknown, allege: ---- The ________[ --- ownership or share or quantity --- ] of the interest claimed by ________ is ________[ --- unknown or uncertain or contingent --- ]. [---- If lack of knowledge, uncertainty, or contingency caused by transfer to unborn or unascertained person or class member, or by transfer in form of contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition , add: --- So far as is known to Plaintiff, the following person(s)_____ in being would be entitled to ownership of the interest if the contingency on which the right of such person(s)_____ depends occurred prior to the commencement of this action: _______ _[ --- list names, ages, birth dates of any minors, and legal disabilities, if any for each such person, e.g. Mary Smith, a minor 12 years old, born October 22, 20_____. ----- ] XIX. [----- If parties agree to partition by sale, allege: ---- Plaintiff, ________, and Defendant _________ have agreed to partition by sale of the property in question [ ---- and said agreement is attached to this complaint as Exhibit ________ and made a part of this complaint by reference --- ] XX. [---- If Plaintiff seeking partition by sale without agreement, allege: ----- Partition by sale of the property is more equitable than division in kind of the property because _________[ ---- set forth facts showing that sale is more equitable, e.g., since the property is ________, it cannot be physically divided ---- ]. XXI. [----- If partition of successive estates is involved, allege: ---- Partition of the successive estates in the property is in the best interests of all the parties because _________ [ ---- set forth -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 facts showing that such parti tion is in the best interests of the parties, e.g., the property is so old that it requires extraordinary repairs, the expense of which has become unduly burdensome to the holder of the possessory interest. ----- ] XXII. This action is brought and partiti on is sought herein, for the common benefit of the parties, to preserve and secure to each of them ________ respective interest and rights in the property, and Plaintiff has incurred, and will incur, costs of partition herein, including reasonable attorney 's fees, for the common benefit of the parties hereto, in _________[ ---- set forth either the approximate sum or state an amount not yet ascertainable ----- ]. [----- OPTIONAL - FOR ACCOUNTING ---- ] XXIII. Between _____, 20_____ and _____, 20_____, Defendant ________[ --- specify facts, e.g, collected and received from the tenants in possession of the real property all the rents and profits from the real property, amounting to at least $_________ ----- ]. XXIV. Plaintiff has heretofore demanded of Defendant tha t ________ account to Plaintiff for any and all sums so received by ________, and that ________ pay to Plaintiff ________ share thereof, but Defendant has failed and refused to make such accounting or to pay to Plaintiff the sums due to _____ and still fai ls and refuses to do so. XXV. Due to Defendant's refusal to make an accounting of _________ or to pay to Plaintiff the sums due _____, as alleged above, ________ [ ---- specify effect, e.g., the proceeds from future rents and profits of said real property a re in danger of being lost or misappropriated by Defendant - --- ] unless a receiver is appointed by the court to _________ [ ---- specify, e.g., take possession of the real property and to collect the rents until this action is finally determined ---- ]. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff____ pray____ judgment against Defendant____ and each of them, as follows: For partition ________[ --- in kind or by sale ---- ] of the ________ [ --- specify present or future or both ---- ] interests in the property according to the respect ive rights of the parties hereto; For the expense reasonably incurred by Plaintiff in obtaining a title report of the real property ________ [ --- in an amount not yet ascertainable ---- ], with interest thereon from ________, 20_____ [ ---- date of commenceme nt of action]; That the costs of partition, and of this action, including reasonable counsel fees expended by Plaintiff and Defendants for the common benefit, fees and expenses of referees, and other disbursements be ordered paid by the parties respecti vely entitled to share in the lands divided, in proportion to their respective interests therein and more particularly that Plaintiff be reimbursed for sums advanced in this regard beyond ________ just proportion thereof, and that the costs be included an d specified in the judgment and become a lien on the several shares of the parties; For the costs of partition, including attorney's fees, necessarily incurred by a party for the common benefit in prosecuting or Defendant other actions or other proceeding s for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with interest thereon from _____, 20_____ [ ---- date of making expenditures ---- ]; and [---- OPTIONAL --- RE ACCOUNT., RECEIVER --- ] For such other and further relief as the court may deem proper. DATE: ____________________ ____________________ (Signature) -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, _____, am a _____in the above -entitled action. I have read the foregoing _____and know the conten ts 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 a nd that this declaration was executed at , California. DATE: ____________________ ____________________ (Signature)