Complaint for Reformation of Contract

VIEWS: 780 PAGES: 5

More Info
									This is a complaint that provides the plaintiff is seeking judgment against the defendant
for the reformation of a written contract. The main purpose of a contract is to reflect the
true intent of the parties. The contract, as currently written, contains a key omission or
misstatement that does not reflect the true intent of the parties. This complaint contains
standard provisions as well as opportunities for customization to fit the specific needs of
the parties. This document should only be used when the defendant refuses to correct
a material mistake or omission to a written contract.
{Instruction: Provide name of party. If represented by an attorney, provide name and info for
this attorney}
_________________
_________________
_________________

State Bar No: ______ {Instruction: delete if NOT represented by an attorney}
(____) _____ - ______ [PROVIDE PHONE NUMBER]
Attorney for _______ [PROVIDE NAME OF PARTY THAT IS REPRESENTED BY THE
ABOVE ATTORNEY, or, DELETE THIS ENTIRE LINE, AND INSTEAD WRITE
ONLY "In Pro Per" IF NOT REPRESENTED BY AN ATTORNEY]


              SUPERIOR COURT OF THE STATE OF __________________
                           COUNTY OF ________

[PLAINTIFF(S) NAMES]             )         CASE NO: _______
                   Plaintiffs,   )
                                 )
           v.                    )
                                 )
                                 )         COMPLAINT FOR
[DEFENDANT(S) NAMES]             )         REFORMATION              OF
                    Defendants )           CONTRACT
________________________________ )



________________ [PROVIDE NAME OF PLAINTIFF], Plaintiff complains of
________________ [PROVIDE NAME OF DEFENDANT], defendant, and for causes of
action alleges as follows:

1. At all times herein mentioned, the Plaintiff was and now is a Corporation organized and
existing under the laws of the State of ______________ with principle offices located at
____________, in the City of _____________, County of _____________.

2. On or about _______________, 201__, the plaintiff and defendant negotiated and entered into
an agreement entitled ______________________ [PROVIDE NAME OR TITLE OF THE
AGREEMENT].          The purpose of this agreement was to ______________________
[BRIEFLY, BUT FULLY, DESCRIBE THE NATURE OF THE AGREEMENT] (the
“Agreement”). A true and correct copy of the Agreement is attached as Exhibit A and is
incorporated herein by reference.

3. The above-described Agreement fails to reflect the true intent of the parties.




© Copyright 2013 Docstoc Inc.                                                       2
4. Such failure of the Agreement to reflect the true intent of the parties resulted from a unilateral
mistake of ___________________. {Instruction: Allege the mistake or other circumstances
appropriate for reformation. The person asking the court to make changes to the contract
MUST list the facts or circumstances that make the request reasonable.}

{Note: A court is extremely unlikely to guess or assume facts that the moving party does not
list. The role of the court in this type of situation is to assume all facts that would lead to
keeping the contract as it currently is. Therefore, the moving party should carefully review
this section, and ensure that each and every fact that is relevant is included here.}

5. The Agreement fails to reflect the true intent of the parties, it provides that
_____________________________. To reflect the true intent of the parties, the Agreement
should instead provide that ________________________________. {Instruction: In the above
2 spaces in this paragraph, list what the Agreement currently provides and then, state what
you believe SHOULD have been provided.]

6. As a result of the aforementioned, plaintiff may suffer prejudice and/or pecuniary losses unless
the Agreement is reformed to reveal the true intent of the parties.

WHEREFORE, the plaintiff requests this Court to pass a judgment against defendant and each of
them, as follows:

1. The Agreement to be reformed to reflect the true intent of the parties, as follows
_________________________; {Instruction: Provide suggested language to the court. i.e.,
the language that you WANT the court to substitute in.}

2. To provide for the costs of suit herein incurred; and

3. For such other and further relief as the court may deem proper.


DATED:
                            __________________________________________
____________, 201___
                            (Signature)



                                      VERIFICATION


I, ____________, am a Plaintiff in the above-entitled action. I have read the above-entitled civil
Complaint and know the contents thereof. I believe that all the facts contained therein are true to
the best of my own knowledge, information and belief formed after reasonable inquiry. I believe
that this civil Complaint is well grounded in fact and warranted by existing law.



© Copyright 2013 Docstoc Inc.                                                            3
I have filed this civil Complaint in good faith and solely for the purposes set forth in it. I believe
that this civil Complaint is not interposed for any improper purpose such as to harass any
defendant or to cause unnecessary delay to the defendant or to create a needless increase in the
cost of litigation to any defendant.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed at __________, _____________. [PROVIDE COUNTY AND STATE WHERE
PLAINTIFF HAS SIGNED].


DATED: _________________, 201__


SIGNATURE OF PLAINTIFF _______________________________________

{Instruction: Add additional lines, if more than one plaintiff}




© Copyright 2013 Docstoc Inc.                                                             4

								
To top