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Any Attorney or Party
Any Street
Any Town, CA 99999
555-555-5555
Any Attorney or Party
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF ________________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1 through 50,
inclusive,
Defendants.
Case No.:
UNLIMITED CIVIL; DEMAND OVER
$25,000
VERIFIED COMPLAINT FOR:
1. FRAUD
2. RESCISSION OF CONTRACT
3. REFORMATION OF CONTRACT
4. USURY VIOLATION
5. UNFAIR BUSINESS PRACTICES
6. CANCELLATION OF WRITTEN
INSTRUMENTS
7. DECLARATORY RELIEF
8. INJUNCTIVE RELIEF
9. ACCOUNTING
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COMPLAINT FOR FRAUD, RESCISSION OF CONTRACT…
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Plaintiff, ______________hereby complains and alleges as follows:
THE PARTIES
1. Plaintiff, ____________, (hereinafter referred to as “Plaintiff”) is and at all times
mentioned herein was, an individual, over the age of majority, residing in the City
of______________, County of _________, State of California, and the owner of certain real
property commonly known as _____________________________________County, California
("the Property") which is legally described as follows:
INSERT FULL LEGAL DESCRIPTION FROM DEED
APN:
2. Defendant, _______________ herein referred to as ("Defendant"), upon
information and belief, is and at all times mentioned herein was, an individual, over the age of
majority, residing in the City of______________, County of _________, State of California
3. Based upon information and belief, Plaintiff alleges that Defendant is not a
licensed California real estate broker and is not exempt from the California Usury Laws
regarding the amount of interest that can be charged on a loan.
4. The court is the proper court for trial in this action in that the Property is within
this Court's jurisdictional area.
5. Plaintiff is unaware of the true names or capacities, whether they are individuals
or business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious
names and will seek leave from this Court to insert their true names and capacities once they
have been ascertained.
6. At all times mentioned herein, Defendants, and each of them, inclusive of DOES
1 through 50, were authorized and empowered by each other to act, and did so act, as agents of
each other, and all the things herein alleged 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
COMPLAINT FOR FRAUD, RESCISSION OF CONTRACT…
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the events described herein are liable to Plaintiff for the damages that she has incurred.
FIRST CAUSE OF ACTION
(Fraud as against all Defendants)
7. Plaintiff realleges and incorporates by reference paragraphs 1 through 6, above, as
though fully set forth herein.
8. On or about __________, in the City of _______, County of ________, State of
California, Defendant made verbal and written representations to Plaintiff that he would loan her
the sum of $_________ in order that Plaintiff could make upgrades to the Property. The verbal
and written representations were that Defendant was an honest individual that merely wanted to
invest some money in real property. The verbal and written representations were in fact false, but
that fact was not known at the time by Plaintiff.
9. The true facts were that Defendant never intended to loan Plaintiff the entire sum
of $___________ as he had promised and instead intended to change the terms of the loan that
he made to Plaintiff to increase both the total principal amount due and the interest rate.
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rescission-of-contract-in-california
COMPLAINT FOR FRAUD, RESCISSION OF CONTRACT…
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