California Attorneys' Fees Retainer Agreement

Complaint for Reformation of Contract

State Bar No:

() -

Attorney for

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF

PLAINTIFF(S) NAMES CASE NO.:

v

DEFENDANT(S) NAMES

COMPLAINT FOR REFORMATION OF CONTRACT

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 principal 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 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.

V.

On or about in , Plaintiff and Defendant negotiated for and mutually agreed to . The purpose of the agreement was to .

VI.

The agreement of the Plaintiff and Defendant consisted in pertinent part, of the following terms. Defendant . Plaintiff .

VII.

On in , California, Plaintiff and Defendant executed a written lease to carry out their intended agreement, a true and correct copy of which is attached as Exhibit and is incorporated herein by reference.

VIII.

The above-described written fails to reflect the true intent of the parties in that . To reflect the true intent of the parties, it should instead provide that .

IX.

The above-described failure of the written to reflect the true intent of the parties resulted from a unilateral mistake on the part of in that .

X.

Defendant knew of or suspected the above-described mistake at the time of execution of the written in that .

XI.

The above-described failure of the written to recollect the true intent of the parties resulted from a mutual mistake of law by Plaintiff and Defendant in that .

XII.

The above-described failure of the written to reflect the true intent of the parties resulted from a mistake of law on the part of which knew or suspected at the time of execution of the agreement in that .

XIII.

The above-described failure of the written to reflect the true intent of the parties resulted from Defendant's false representation to Plaintiff that the above-mentioned written instrument embodied their real agreement.

XIV.

Without the knowledge of the true facts and in reliance on defendant's false representations, Plaintiff was deceived and misled into signing a writing that differed materially from the prior oral understanding of the parties. Plaintiff's reliance on defendant's false representations that the written conformed to the parties' intended agreement was reasonable and justified in that .

XV.

The above-described failure of the written to reflect the true intent of the parties resulted from a mutual mistake of both parties in that .

XVI.

Plaintiff , although not a named party to the above-described written may nonetheless suffer unless the is reformed, in that .

XVII.

On or about , Plaintiff discovered the error in the written when .

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

For the reformation of the written to reflect the true intent of the parties, as follows:

For costs of suit herein incurred; and

For such other and further relief as the Court may deem 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.