1 Any Attorney or Party

Any Street
2 Any Town, CA 99999

3 555-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of ____________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
) UNLIMITED CIVIL, DEMAND OVER $25,000
13 vs. )
) VERIFIED COMPLAINT FOR:
14 Any Defendants, Does 1-100, inclusive, )
) 1 . VIOLATIONS OF HOMEOWNER BILL OF
15 Defendants. ) RIGHTS
) 2. VIOLATION OF CIVIL CODE 2923.5
16 ) 3. DECLARATORY RELIEF
) 4. INJUNCTIVE RELIEF
17 ) 5. ACCOUNTING
)
18 )
)
19 )
)
20 )

21

22
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2
Plaintiff, _________________, hereby complains and alleges as follows:
3

4
1. Plaintiff, __________________(hereinafter referred to as Plaintiff) is and at all times

5 mentioned herein was, an individual, over the age of majority, residing in the City of _________,
6 County of _________, State of California, and the owner of certain real property commonly known
7
as __________ , __________ , __________ County, California, (the Property) which is legally
8
described as follows: INSERT FULL LEGAL DESCRIPTION AND INCLUDE ASSESSORS
9
PARCEL NUMBER.
10

11 2. Defendant, _________________ (____), upon information and belief, is a federally

12 chartered savings bank, and is engaged in the banking business in California.

13
3. Defendant, ________________ (____), upon information and belief, is a California
14
Corporation and is a Trustee in the business of conducting non-judicial foreclosures of real property.
15
4. This court is the proper court for trial in this action in that the Property is within
16

17 this Courts jurisdictional area.

18 5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
19
business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious
20
names and will seek leave of this Court to insert true names and capacities once they have been
21
ascertained.
22

23 6. At all times mentioned herein, Defendants, and each of them, inclusive of DOES

24 1 through 100, were authorized and empowered by each other to act, and did so act, as agents of each
25
other, and all of the things herein alleged to have been done by them were done in the capacity of
26
such agency. Upon information and belief, all Defendants are responsible in some manner for the
27
events described herein and are liable to Plaintiff for the damages they have incurred.
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 1 FIRST CAUSE OF ACTION
2 (Violations of California Homeowner Bill of Rights as against all Defendants)
3
7. Plaintiff realleges and incorporates by reference paragraphs 1 through 6, above, as
4
though fully set forth herein.
5

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MODIFY THE WORDING BELOW TO FIT YOUR PARTICULAR SITUATION.

7 8. Defendants have violated the California Homeowner Bill of Rights in the following

8 manner:
9
9. Defendants violated the provisions of Civil Code 2923.5, 2923.6, 2924.18 in that
10
they recorded, or caused to be recorded, a notice of default even though they had not fully informed
11
Plaintiffs of their opportunity to apply for a loan modification
12

13 10. Defendants violated the provisions of Civil Code 2923.5, 2923.6, 2924.18 in that

14 they recorded, or caused to be recorded, a notice of default even though Plaintiffs had submitted a
15
complete application for a loan modification which was still being considered.
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11. Defendants violated the provisions of Civil Code 2923.55 in that they failed to send
17
the following required information to the borrower:
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