Fill and Sign the Judgment of Default and Permanent Injunction 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 CANCELLATION OF WRITTEN INSTRUMENT 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 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. There is in existence a certain written instrument which purports to be _____ [---describe instrument---]. The form and contents of the _____ are _____. A true and correct copy of the said written instrument is attached hereto and incorporated herein by reference as Exhibit _________. The _____ is in the possession and under the control of the ________. VI. [---Allege facts making instrument void or voidable against the Plaintiff----] VII. [---Allege such other facts as are necessary to show that Plaintiff is the person against whom the instrument is void or voidable----] VIII. Plaintiff_____ did not know until _____, 20____, that [----state facts constituting ground for rescission of underlying transaction making instrument voidable----], and on that date _____ [- --describe circumstances under which Plaintiff discovered such facts, including explanation for any delay----]. IX. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 [---Allege facts showing a reasonable apprehension that if left outstanding the instrument may cause serious injury to Plaintiff---eg.---If the _____ is left outstanding, Plaintiff may be required to pay it or to defend a lawsuit based on it, and by refusing to pay it, Plaintiff may be damaged in his credit. Defendant has refused to surrender the _____ to Plaintiff and has communicated to Plaintiff an intention to hold the _____ for payment according to its terms.-----] X. [----Allege facts establishing a basis for a claim for damages as additional relief, if any. e.g. -----On _____, 20____, before Plaintiff discovered that the purported signature of _____ on the _____ is not genuine, Plaintiff paid to Defendant the sum of $________ as the installment payment due on that date according to the terms of the _____.] XI. [----Allege facts establishing a basis for a claim for exemplary damages, if any, e.g. ---- Defendant transferred the _____ on or about _____, 20____ to _____ for value. Defendant knew at the time of making the transfer that the purported signature _____ on the _____ is not genuine, but he did not disclose this fact to the transferee. Defendant made the transfer with intent to defraud Plaintiff. Plaintiff therefore seeks exemplary and punitive damages in the sum of $_________. WHEREFORE, Plaintiff____ pray____ judgment against Defendant____ and each of them, as follows: That the _____ be declared void.That Defendant_____ deliver the _____ forthwith to the clerk of the court for cancellation. For damages, in the event that Defendant fails to surrender the _____ for cancellation pursuant to the judgment, in the sum of $_____, plus interest thereon from and after _____, 20____[--date of execution of instrument---], at the rate of ________ percent per annum, as compensation and in lieu of cancellation. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 For damages in the sum of $________, plus interest thereon from and after _____, 20____, at the rate of _____ percent per annum. For exemplary and punitive damages in the sum of $________. For costs of suit herein incurred. For 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)