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Sample complaint for rescission of contract in California

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This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample complaint for rescission of contract in California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ for more information. You can view over 300 sample legal documents for sale at: http://www.scribd.com/LegalDocsPro and document packages for sale at http://www.legaldocspro.net COMPLAINT FOR FRAUD, RESCISSION OF CONTRACT… -1-
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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… -2-
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. To purchase the entire 16 page document visit: https://legaldocspro.myshopify.com/products/sample-complaint-for- rescission-of-contract-in-california COMPLAINT FOR FRAUD, RESCISSION OF CONTRACT… -3-

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