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1 _________________________________________________ Complaint12345678910111213141516171819202122232425262728
TIMOTHY L. MCCANDLESS, ESQ. SBN 147715LAW OFFICES OF TIMOTHY L. MCCANDLESS13240 Amargosa RoadVictorville, California 92392(760) 951-3663 Telephone(909) 382-9956 FacsimileAttorney for 
 Plaintiff(s)
(Plantiff Name(s)
SUPERIOR COURT FOR THE STATE OF CALIFORNIAIN AND FOR COUNTY OF «County»
PLAINTIFF(s)Plaintiff 
,
 V.DEFENDANTSand DOES 1 through 50 inclusiveDefendants.CASE NO:COMPLAINT FOR:(1)DECLARATORY RELIEF(2)CANCELLATION OF DEED(3)DAMAGES ARISING FROM:(4)BREACH OF FIDUCIARY DUTY(5)BREACH OF COVENANT OFGOOD FAITH AND FAIR DEALING(6)INJUNCTIVE RELIEF(7)FRAUD(8)DAMAGES ARISING FROM:VIOLATION OF [15 U.S.C. § 1611 etseq.]; VIOLATION OF [26 U.S.C. § 2605et sq.]; VIOLATION OF [15 U.S.C. §1602 et seq.]; VIOLATION OF [15U.S.C. § 1692];COMES NOW, Plaintiff(s) PLANTIF(s) NAME, herebycomplains and alleges as follows:
ALLEGATIONS COMMON TO ALL COUNTS
 
2 _________________________________________________ Complaint123456789101112131415161718192021222324252627281.
Plaintiff(s), PLAINTIFF(s) NAME is a resident of the County of «County» and theowner of certain real property (hereinafter referred to as “the Property”) located atADDRESS and more particularly described as:
«Property_Description»
APN:
«APN_Number»
2.
Defendant ON DEED OF TRUST (hereinafter referred to as “SHORT NAME”.
3.
Defendant ON DEFAULT (hereinafter referred to as “SHORT NAME”.
4.
The true names of Defendants named herein as DOES 1 through 50, whether individual, corporate, associate or otherwise, are presently unknown to Plaintiff(s)who therefore, sues said Defendants by such fictitious names; Plaintiff(s) areinformed and believes and thereon alleges that each of the Defendants sodesignated herein proximately caused and contributed to the damages hereinalleged, and Plaintiff(s) will ask leave of Court to amend this Complaint to insertthe true names and capacity of DOES 1 through 50 when the same have beenascertained and to join such Defendants in this action.
5.
Plaintiff(s) are informed and believes and thereon alleges that, at all times hereinmentioned each of the defendants sued herein in relation to the property they claiman interest in was the agent and employee of each of the remaining defendantsthereof and at all times was acting within the purpose and scope of such agency andemployment.
6.
On or about DATE OF DEED
,
Plaintiff(s) executed an “Adjustable Rate Note” promising to pay PLAINTIFF(s) NAME the sum LOAN AMOUNT FROMDEED? 1
ST
DEED? 2
 ND
DEED? by monthly payment.7.The Adjustable Rate Note was based upon a six-month adjustable rate.
 
3 _________________________________________________ Complaint123456789101112131415161718192021222324252627288.
Plaintiff(s) allege that Defendants and each of them neither explained the workingsof the rate, how it is computed nor its inherent volatility.
9.
Further, on information and belief, Plaintiff(s) allege that the Defendants chargedand obtained improper fees for the placement of his loan as “sub-prime” when hequalified for a prime rate mortgage which would have generated less in fees andinterest.
10.
On information and belief, Plaintiff(s) allege that the service of the purported notewas, without his knowledge, by some means transferred from or by Defendant,either completely or by association or other means to DOE 1 who unknown toPlaintiff provided services in various forms to be determined to others which wereof such a nature to render them a “Servicer” within the definition found within 26U.S.C. § 2605.
11.
In the course of this consumer transaction, Defendants violated
15 U.S.C. § 1635(a)
and
Regulation Z, § 226,
 by failing to deliver to Plaintiffs two copies of anotice to rescind (DO WE HAVE ONE? IF NOT, REMOVE) that: Attached her asExhibit “???
”
12.
Also on DATE OF DEED Plaintiff(s) executed a “Deed of Trust” which cited thelender as LENDER Attached her as Exhibit “???
”
 
13.
On or about DATE OF DEED, PLAINTIFF(s) NAME transferred the deed of trustto DEFENDANT.
14.
Also on DATE OF DEED, Plaintiff(s) executed a “Deed of Trust” which cited thelender as LENDER and stating in the definition section that:(E) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a
of 00

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