Complaint For Rescission Based On Fraud
Sample Only
Use At your Own Risk
(Name, Address Of Party or attorney)
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State Bar No: ______
(____) _____ - ________
Attorney for _______ (Or "In Pro Per")
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ________
[PLAINTIFF(S) NAMES]
Plaintiffs,
v.
[DEFENDANT(S) NAMES]
Defendants
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CASE NO: _______
COMPLAINT FOR
RESCISSION
Plaintiff complains and for causes of action alleges as follows:
FIRST CAUSE OF ACTION
(For ________ Against ____)
<>. Defendant__, ___ is__, and at all times herein mentioned was__, a
resident__ of the City of ___, County of __, State of California.
<>. 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 ___.
<>. 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.
<>. 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---]
<>. On or about ___, 19__, in ___, California, plaintiff__ and
defendant__ entered into a written [---or oral---] contract whereby
plaintiff__ and defendant__ agreed ____.
<>. On or about ____, defendant__, with intent to deceive
plaintiff__ and to induce ___ to enter into said contract, [--set forth
misrep, falsity, defendant's knowledge---]. Plaintiff, in reasonable
reliance thereon, entered into said contract
<>. Under the terms of the contract, plaintiff has ___ [---facts
showing P's performance, excuse for nonperformance,
impossibility---], and plaintiff has [---describe consideration
supplied by plaintiff---].
<>. Under the terms of the contract, defendant has [---facts
showing defendant's nonperformance---]
<>. Plaintiff___ had no knowledge of said injury cause to ___ by
defendant__ until on or about ____, 19__, at which time _____.
[----EITHER-----]
<>. Plaintiff intends service of summons of this complaint to serve
as notice of rescission of the aforementioned contract, and
hereby offers to restore all consideration furnished by
defendant___ under said contract, on condition that defendant
restore to ___ the consideration furnished by plaintiff___ in the
sum of $______.
[----OR-----]
<>. On or about ____, 19__, plaintiff__ notified defendant___ in
writing that ___ had rescinded said contract on the ground of
____ and offered to restore to defendant___ all consideration
given by ___ on condition that defendant___ restore to plaintiff___
the consideration advanced by ___ in the sum of $_____.
Defendant___ refused, and does now refuse, to return said
consideration [---or to recognize that said contract has been
rescinded----].
<>. Plaintiff___ will suffer irreparable and substantial harm if
consideration furnished by ___, in the sum of $___, with interest
thereon at the rate of ten percent per annum from ___, 19__, the
date of rescission, is not restored, in that _____.
WHEREFORE, plaintiff__ pray__ judgment against defendant__
and each of them, as follows:
1. 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 ___, 19___
2. For costs of suit herein incurred.
3. For such other and further relief as the Court deems proper
DATED: _______________ _______________________________________
___
(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 Long Beach, California.
DATED: _________________ ___________________________________
