Fill and Sign the California Attorneys Fees Cases Retainer Agreements 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 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 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. V. ________ On or about ________, 19________ in ________, Plaintiff_______ and Defendant________ negotiated for and mutually agreed to ______________. The purpose of the agreement was to ______________. VI. The ________ [--the oral agreement which was later reduced to writing--] agreement of the Plaintiff________ and Defendant________ consisted in pertinent part, of the following terms. Defendant________ agreed to ______________. Plaintiff________ agreed to ________. VII. ________[--the reduction to writing--e.g.] 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. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 _______________. [--OPTIONAL- KNOWN MISTAKE OF FACT--] X. Defendant________ [--knew of or suspected]-- the above-described mistake at the time of execution of the written ________ in that ________[--e.g. -- prior to signing the agreement, specifically asked to review the rental clause of the agreement, in view of the parties extensive negotiations with respect to the calculation of rent.]. [--OPTIONAL - MUTUAL MISTAKE OF LAW --] 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 ______________. [--OPTIONAL - UNILATERIAL MISTAKE KNOWN BY OTHER --] 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 ______________. [--OPTIONAL - BASED ON FRAUD --] XIII. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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’s 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 ______ [--e.g.-- Defendant had previously shown plaintiff a writing that contained the parties intended agreement and plaintiff believed that it was this writing that she was asked to sign and did, in fact sign. —] [--OPTIONAL - MUTUAL MISTAKE OF FACT--] 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 ________[--e.g. – the escrow agent employed by the parties to arrange the loan inadvertently used a standard printed form of note containing a provision . . . . .--] [--CONTINUE--] XVI. Plaintiff, , although not a named party to the above-described written _______ may nonetheless suffer ________[--prejudice and/or pecuniary loss--] unless the _______ is reformed, in that ________. XVII. On or about ________, Plaintiff discovered the error in the written _______ when ________. -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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; andFor such other and further relief as the Court may deem 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)