Fill and Sign the Attorney or Party Without Attorney Nicolaserosdefiori 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 FOR FAILURE OF CONSIDERATION 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____, Plaintiff____ and Defendant_____ entered into a written contract by the terms of which Plaintiff____ was____ to _____ and Defendant____ was____ to ________. [---A copy of said contract is attached hereto and incorporated herein by reference as Exhibit "________". VI. On or about _____, 20_____, Plaintiff _____, and thereby performed everything required by the contract to be performed by _____. VII. On or about _____, 20____, Plaintiff____ discovered that the consideration for said agreement had failed in that ________. VIII. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 On or about _____, 20____, 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 _________. IX. Defendant____ has____ failed and refused, and continues____ to fail and refuse, to restore to Plaintiff____ the consideration paid by _____ or any part thereof. X. By reason of Defendant ____'s 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 ________, 20_____.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. DATE: ____________________ ____________________ (Signature) VERIFICATION -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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)