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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 ____________

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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
)
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)
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)
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Plaintiff, _________________, hereby complains and alleges as follows:
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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
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as __________ , __________ , __________ County, California, (the Property) which is legally
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described as follows: INSERT FULL LEGAL DESCRIPTION AND INCLUDE ASSESSORS
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PARCEL NUMBER.
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11 2. Defendant, _________________ (____), upon information and belief, is a federally

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


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

18 5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
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business entities, of Defendant DOES 1 through 50, and therefore sues them by such fictitious
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names and will seek leave of this Court to insert true names and capacities once they have been
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ascertained.
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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
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other, and all of the things herein alleged to have been done by them were done in the capacity of
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such agency. Upon information and belief, all Defendants are responsible in some manner for the
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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)
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7. Plaintiff realleges and incorporates by reference paragraphs 1 through 6, above, as
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though fully set forth herein.
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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:
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9. Defendants violated the provisions of Civil Code 2923.5, 2923.6, 2924.18 in that
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they recorded, or caused to be recorded, a notice of default even though they had not fully informed
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Plaintiffs of their opportunity to apply for a loan modification
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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
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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
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the following required information to the borrower:
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