Elder Abuse and Fraud Complaint Seeks Removal of Defendant from Property Title

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1 through 25,
inclusive; and all persons unknown claiming
legal or equitable right, title estate, lien, or
interest in the real property described in the
Complaint adverse to Plaintiff’s title/interest,
or any cloud upon Plaintiff’s title/interest
thereto, named herein as DOES 26 through
100, inclusive,
Defendants.
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Case No
UNLIMITED CIVIL-DEMAND OVER $25,000
VERIFIED COMPLAINT FOR:
1. FINANCIAL ELDER ABUSE
2. FRAUD
3. CANCELLATION OF WRITTEN INSTRUMENT
UNDER CIVIL CODE § 3412
4. QUIET TITLE
5. CONSTRUCTIVE TRUST
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address.
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VERIFIED COMPLAINT FOR FINANCIAL ELDER ABUSE, FRAUD, QUIET TITLE, ETC.

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Plaintiff, ___________, an individual, by and though their undersigned counsel, hereby files a
Complaint and alleges as follows:
ALLEGATIONS COMMON TO AND INCLUDED IN ALL CAUSES OF ACTION
1. Plaintiff, _______________ an individual, (“Plaintiff”) is now, and at all relevant
times mentioned herein was, an individual, residing in the City of __________, County
of_____________, State of California and is the owner of real property (hereinafter “Subject
Property”) commonly known as LIST COMPLETE STREET ADDRESS OF PROPERTY
located in the City of __________, County of _______, State of California, and more specifically
described as: LIST COMPLETE LEGAL DESCRIPTION OF PROPERTY INCLUDING THE
ASSESSOR’S PARCEL NUMBER.
2. Plaintiff is informed and believes, and thereon alleges, that defendant __________, an
individual, (“Defendant ____”) is now, and at all relevant times mentioned herein was, an individual,
residing in the City of _________, County of ________, State of California.
3. The defendants herein named as "all persons unknown claiming legal or equitable
right, title estate, lien, or interest in the real property described in the Complaint adverse to Plaintiff’s
title/interest, or any cloud upon Plaintiff’s title/interest thereto, named herein as DOES 26 through
100, inclusive, are unknown to Plaintiff. These unknown Defendants, and each of them, claim some
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right, title, estate, lien, or interest in the hereinafter-described property adverse to Plaintiff's title; and
their claims, and each of them, constitute a cloud on Plaintiff's title to that property.
4. Plaintiff is informed and believes, and upon such information and belief alleges, that
she is unaware of the true names or capacities, whether they are individuals or business entities, of
Defendant DOES 1 through 25, inclusive, and sues them by such fictitious names. Plaintiff will seek
leave of this Court to insert their true names and capacities once they have been ascertained.
5. Plaintiff is informed and believe and upon such information and belief alleges,
that Defendant ___________ and DOES 1 through 100 inclusive, were, at all times herein mentioned,
authorized and empowered by each other to act, and did so act, as agents of each other, and all of the
things herein alleged to have been done by them were done in the capacity of such agency. Upon
information and belief, all Defendants are responsible in some manner for the events described herein
and are liable to Plaintiff for the damages she has incurred.
6. The proper county for the trial of this action is the County of _________ because the
real property described in paragraph 1 of this complaint is located within this judicial district.
7. On or about ___________, Defendant ________ made a verbal representation to
Plaintiff that Plaintiff needed to add Defendant _________ On title to the Subject Property in order to
maintain her property tax base and avoid an increase in taxes.
8. Plaintiff has a total of three daughters or sons __________________ It was Plaintiff’s
intent to leave her interest in the Subject Property to all three daughters.
9. On or about ______, based on the verbal representation made to Plaintiff by
Defendant Plaintiff signed a Joint Tenancy Grant Deed which transferred title to the Subject Property
into the names of Plaintiff and Defendant ____ as joint tenants. Defendant ____ took Plaintiff to a
notary public named ________. ______ also prepares Plaintiff’s taxes. _________ prepared and
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acted as notary for the documents adding Defendant ____ as a joint tenant on title to the Subject
Property. Said Joint Tenancy Grant Deed was recorded with the County Recorder for the County of
___________on _____________ at ________ as Instrument No. _______. A true and correct copy of
said recorded Joint Tenancy Grant Deed is attached hereto as Exhibit “1” and incorporated herein by
reference.
10. Plaintiff is __ years of age, does not read or write and has limited education. The first
language of Plaintiff is Spanish although she does speak English.
11. Plaintiff is informed and believes, and upon such information and belief alleges that,
the Subject Property has a current fair market value of $____________.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
FIRST CAUSE OF ACTION
(Financial Elder Abuse as against all Defendants)
12. Plaintiff realleges the allegations contained in paragraphs 1 through 11 inclusive,
hereinabove, as though set forth in full herein, and incorporates them into this cause of action by
reference.
13. Defendant ____ and/or Defendants DOES 1 through 100, inclusive, made a verbal
representation to Plaintiff that Plaintiff needed to add Defendant ____ on title to the Subject Property
in order to maintain her property tax base and avoid an increase in taxes. As a direct result of these
representations, Plaintiff signed a Joint Tenancy Grant Deed which transferred title to the Subject
Property into the names of Plaintiff and Defendant ____ as joint tenants.
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14. On or about _____________, ___________, an attorney retained by Plaintiff sent a
letter to Defendant ____ by Certified Mail requesting that she cooperate in removing her name of title
to the Subject Property. A true and correct copy of said letter is attached hereto as Exhibit “2” and
incorporated herein by reference.
15. On or about ___________, Defendant ____ sent a reply letter to ___________
alleging that Defendant ____ was added on title to the Subject Property as a joint tenant to address
the concerns raised by Plaintiff. A true and correct copy of said letter is attached hereto as Exhibit
“3” and incorporated herein by reference.
16. Defendant ____ has failed and refused to remove her name on title to the Subject
Property as a joint tenant and continues to fail and refuse to do so.
17. Defendant ____ and/or Defendants DOES 1 through 100, inclusive, have appropriated,
and retained the property of Plaintiff, an elder, to a wrongful use within the meaning of Welfare &
Institutions Code § 15610.30.
18. In engaging in such conduct, Defendant ____ and/or Defendants DOES 1 through 100,
inclusive, intended to defraud Plaintiff within the meaning of Welfare & Institutions Code §
15610.30.
19. As a direct and proximate cause of the wrongful conduct of Defendant ____ and/or
Defendants DOES 1 through 100, inclusive, Plaintiff has been deprived of her property, namely one-
half of her interest in the Subject Property and has sustained related damages of loss of income on her
interest in the Subject Property, has incurred attorney fees and costs, and will incur additional
expenses connected with this litigation.
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20. In addition to all other remedies provided by law, Plaintiff is entitled to
recover reasonable attorney fees and costs for financial abuse pursuant to Welfare & Institutions
Code § 15657.5.
21. The conduct of Defendant ____ and/or Defendants DOES 1 through 100, inclusive,
constituted recklessness, oppression, fraud, and malice in the commission of the financial abuse and
Plaintiff is entitled to recover punitive and exemplary damages for the sake of example and by way of
punishing defendants for financial abuse pursuant to Welfare & Institutions Code § 15657.5 and Civil
Code § 3294.
SECOND CAUSE OF ACTION
(Fraud as against all Defendants)
reference.
23. On or about ___________, in the City of __________, County of _______, State of
California, Defendant ____ made a verbal representation to Plaintiff that Plaintiff needed to add
Defendant ____ on title to the Subject Property in order to maintain her property tax base and avoid
an increase in taxes.
24. On or about ________, based on the verbal representation made to Plaintiff by
Defendant ____, Plaintiff signed a Joint Tenancy Grant Deed which transferred title to the Subject
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Property into the names of Plaintiff and Defendant ____ as joint tenants. Defendant ____ took
Plaintiff to a notary public named _____________. _________ also prepares Plaintiff’s taxes. ______
prepared and acted as notary for the documents adding Defendant ____ as a joint tenant on title to the
Subject Property. Said Joint Tenancy Grant Deed was recorded with the County Recorder for the
County of _________ on __________at _______ as Instrument No. _______. A true and correct
copy of said recorded Joint Tenancy Grant Deed is attached hereto as Exhibit “1” and incorporated
herein by reference.
25. At the time that Defendant ____ made the misrepresentation to Plaintiff, Defendant
____ knew that the representation she made to Plaintiff that Plaintiff needed to add Defendant ____
on title to the Subject Property in order to maintain her property tax base and avoid an increase in
taxes was false. Defendant ____ made the misrepresentation to induce Plaintiff to sign the Joint
Tenancy Grant Deed to add Defendant ____ on title to the Subject Property as a joint tenant. The true
facts were that Defendant ____ made the misrepresentation to Plaintiff with the express intention of
ensuring that she, and only she, would inherit the Subject Property in the event of Plaintiff’s death.
26. At the time that Plaintiff took the actions alleged herein she was ignorant of the falsity
of the representation made by Defendant ____. Plaintiff could not, in the reasonable exercise of
diligence, have discovered the falsity of said representation. Plaintiff had no reason to doubt the
statements of Defendant ____ as she is her daughter and she believed her statements to be true and
accurate.
If Plaintiff had known that the representation made to her by Defendant ____ was false
Plaintiff would not have signed the Joint Tenancy Grant Deed as alleged herein.
27. The full extent of the fraud perpetrated upon Plaintiff by Defendant ____ was not
revealed until on or about ______ when Defendant ____ sent a reply letter (See Exhibit “3”) to
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______________alleging that Defendant ____ was added on title to the Subject Property as a joint
tenant to address the concerns raised by Plaintiff and did not state in the letter that she would remove
her name from the title to the Subject Property.
28. Defendant ____ has failed and refused to remove her name on title to the Subject
Property as a joint tenant and continues to fail and refuse to do so.
29. As a direct and proximate result of the actions of Defendant ____ and/or DOES 1
through 100, inclusive, as alleged herein, Plaintiff has been damaged, in an amount not as yet
ascertained but said damages exceed the jurisdictional minimum of this Court, and which sum will be
proven at time of trial.
30. In doing the acts complained of herein, Defendant ____ and/or DOES 1 through
100,inclusive, acted oppressively, maliciously, with a conscious disregard of the rights of others, and
with the express intent to defraud, harass, and annoy Plaintiff. Defendant ____ and/or DOES 1
through 100, inclusive, purposely and maliciously set out to and did deprive Plaintiff and caused her
to suffer injury. Plaintiff is thus entitled to an award of punitive and exemplary damages according
to proof at time of trial.
THIRD CAUSE OF ACTION
(Cancellation of Written Instrument as against all Defendants)
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reference.
32. Plaintiff requests that the court make an order cancelling the Joint Tenancy Grant
Deed previously mentioned on the grounds that said written instrument was obtained through fraud
and misrepresentation and is thus void or voidable against Plaintiff, and that Plaintiff has a reasonable
apprehension that if left outstanding the Joint Tenancy Grant Deed may cause injury to Plaintiff.
33. Civil Code § 3412 states that, “A written instrument, in respect to which there is a
reasonable apprehension that if left outstanding it may cause serious injury to a person against whom
it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or
canceled.”
FOURTH1 CAUSE OF ACTION
(Quiet Title as against all Defendants)
34. Plaintiff alleges and incorporates herein by reference each and every allegation set
forth in paragraphs 1 through 33 of the complaint as though set forth in full.
35. All Defendants herein and each of them, claiming any interest in the Subject Property
described in paragraph 1 of this Complaint is adverse to Plaintiff’s title, and a cloud on Plaintiff’s
title.
36. Plaintiff is seeking to quiet title against all adverse claims of Defendants (the Adverse
Claims”), to wit:
a. The unknown, uncertain or contingent claims, if any, of Defendants described in
this complaint;
b. The claims of Defendants, described in this complaint;
c. Plaintiff seeks to quiet title as of ___________________.
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FIFTH CAUSE OF ACTION
(Constructive Trust as against all Defendants)
reference.
38. As a proximate result of the fraudulent misrepresentations and otherwise wrongful
conduct of Defendant ____ and/or DOES 1 through 100, inclusive, as alleged herein, Plaintiff has
suffered damages in that Plaintiff has been deprived of her property, namely one-half of her interest
in the Subject Property and has sustained related damages of loss of income on her interest in the
Subject Property, has incurred attorney fees and costs, and will incur additional expenses connected
with this litigation.
39. By reason of the fraudulent and otherwise wrongful manner in which Defendant ____
and/or DOES 1 through 100, inclusive, obtained their alleged right, claim or interest in and to the
Subject Property, Defendant ____ and/or DOES 1 through 100, inclusive, and each of them, have no
legal or equitable right, claim or interest therein to the Subject Property, but instead Defendant ____
and/or DOES 1 through 100, inclusive, and each of them are involuntary trustees holding their
interest in the Subject Property and any profits thereto in constructive trust for Plaintiff with the duty
to convey the same to Plaintiff forthwith.
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
follows:
ON THE FIRST CAUSE OF ACTION:
1. For damages according to proof at time of trial;
2. For punitive and exemplary damages according to proof at time of trial;1
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3. For reasonable attorney fees and costs for financial abuse pursuant to Welfare &
Institutions Code § 15657.5;
5. For costs of suit herein incurred; and
5. For such other and further relief as the Court deems just and proper.
ON THE SECOND CAUSE OF ACTION:
1. 1 For damages according to proof at time of trial;
2. For punitive and exemplary damages according to proof at time of trial;
4. For such other and further relief as the court may deem just and proper.
ON THE THIRD CAUSE OF ACTION:
11. For an order that the Joint Tenancy Grant Deed described herein be adjudged as void
or voidable as against Plaintiff, and ordered to be delivered up or canceled pursuant to Civil Code §
3412;
ON THE FOURTH CAUSE OF ACTION:
1. For a judgment that Plaintiff is the fee simple owner of all right, title, and interest in
and to the Subject Property described in paragraph 1 of this complaint by virtue of the fact that any
interest in said Subject property by any Defendant herein was obtained through fraud and
misrepresentation;
2. For a judgment that Defendants and each of them do not have any right, title, estate, or
interest in or lien on the Subject Property described in paragraph 1 of this complaint;
3. For costs of suit incurred herein; and
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ON THE FIFTH CAUSE OF ACTION:
1. For a declaration that Defendant ____ and/or DOES 1 through 100, inclusive, and
each of them hold any interest in the Subject Property as constructive trustees for the benefit of the
Plaintiff;
2. For costs of suit incurred herein; and
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
to your particular situation. And remember that you have to prepare a
Summons, and a Civil Cover Sheet when you file the complaint. Some
counties have a local cover sheet as well. Check your local rules.
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VERIFICATION
I, the undersigned, the Plaintiff in the above-entitled matter, declare that I have read the
foregoing COMPLAINT FOR FINANCIAL ELDER ABUSE, FRAUD, CANCELLATION OF
WRITTEN INSTRUMENT, QUIET TITLE AND CONSTRUCTIVE TRUST and the requests
designated therein and know its contents. I declare that the Complaint, including all attachments, is
true to my own knowledge, except as to matters in it stated on my own information and belief, and as
to those matters I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on ________________,20__ at _________,
California.
_________________________________________
NAME OF PLAINTIFF
- 13 –

Elder Abuse and Fraud Complaint Seeks Removal of Defendant from Property Title

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