FORM NO. 38.

COMPLAINT OF MORTGAGEE

AGAINST MORTGAGOR AND

OTHERS FOR FORECLOSURE AND SALE.

[Name of Court.]

A B, plaintiff, v. C D, E F, I J, and John Doe and Richard Roe, defendants.

Plaintiff complains and alleges:

That on the

I.

day of

defendant C D made to plain

tiff a promissory note in writing of which the following is a copy: [Insert copy.]

II.

That on the same day, and to secure to plaintiff the payment of said promissory note, according to the tenor and effect thereof, the defendant C D made, acknowledged and delivered to plaintiff a mortgage, with a certificate of acknowledgment thereon, of which mortgage, and of the certificate of such acknowledgment, and of the certificate of the recording thereof, the following are copies: [Insert copies.]

III.

That said mortgage was so acknowledged by the defendant before Esq., a notary public of said county of who wrote his certificate of such acknowledgment thereon, and such mortgage, and said certificate of acknowledgment thereon was recorded in the office of the county recorder of said county of — -, California, the county in which the land described in said mortgage is situate, on the

day of

at

in book o'clock -m. of

That plaintiff has employed G H, an attorney at law, as plaintiff's attorney in this action, and has agreed to pay him a reasonable compensation for his services as such attorney, and that the sum of dollars is a reasonable fee and compensation for such services; that the defendant has not insured the buildings on said mortgaged property and assigned the policy of such insurance to plaintiff; and the plaintiff did for his better security, and as provided for in said mortgage, on the

day of

pay the sum of

dollars for the insuring of the buildings on said mortgaged property, and they were by reason thereof insured; and plaintiff did, on the day of pay the further sum of dollars for the searching

of the title to said real estate, subsequent to the making of said mortgage, and the sums so paid by plaintiff are reasonable, and the same are wholly unpaid by the defendant C D;

V.

That plaintiff is ignorant of the names of two of the defendants in the action, and he has designated such defendants in the complaint in the action by the names John Doe and 'Richard Roe; and he asks that when the true names of such defendants are discovered, the complaint may be amended accordingly.

VI.

That each of the defendants, E F, I J, John Doe and Richard Roe, has, or claims to have some title to, interest in or lien upon said mortgaged premises, but such title, interest or lien if any, is subsequent to and is subject to said mortgage of plaintiff thereon;

VII.

That said promissory note is wholly unpaid, [or the sum of dollars was on the day of paid on the interest due on said promissory note, but no other payment has been made thereon.]

WHEREFORE plaintiff demands judgment, that plaintiff recover from the defendant C D, judgment for the sum of dollars, and the interest thereon at the rate of per cent. per annum, from the day of -, the amount due and unpaid on said promissory note, and for dollars paid by plaintiff for the insurance of the buildings on said mortgaged premises, and the interest thereon at the rate of

per cent. per annum from the day of, and for -dollars paid for the searching of the records of said real estate, and for the sum of dollars, the reasonable fee of the attorneys of plaintiff in this action, and plaintiff's costs in the action :

And that all of said sums of money be adjudged to be a lien on said mortgaged premises; that the title to, interest in, or

lien upon said mortgaged premises, if any, of each of said defendants, E F, I J, John Doe and Richard Roe, be adjudged to be subsequent to plaintiff's said mortgage, and subject thereto;

That said mortgaged premises, or so much thereof as may be necessary for that purpose, be adjudged to be sold to pay such judgment against the defendant C D, and the costs and expenses of sale, in the manner provided by law, by the sheriff of county, or by a commissioner appointed for that purpose; and that such sheriff or commissioner in his return or report of the sale, return or report the balance of such judgment, if any, that the proceeds of such sale are insufficient to satisfy, and that judgment be docketed against the defendant C D for such deficiency and that plaintiff have execution against the property of said C D therefor;

That either of the parties to this action may be a purchaser or purchasers at such sale; that such purchaser, on receiving a deed of conveyance from such sheriff or commissioner, in the manner provided by law, for the mortgaged premises, or for so much thereof as may be sold to him, be let into the possession of the land so purchased, and for such other or further relief as the equity of the case may warrant.

GH, Attorney for Plaintiff.

If the fee of plaintiff's attorney and expenses of search be not a lien by the mortgage on the mortgaged premises, then the form of the complaint and the decrees (forms 38, 211, 223 and 224) should be so changed as to be in accordance with the facts, since unless the same are a lien on the mortgaged premises the plaintiff can recover only a personal judgment against the mortgagor therefor.

A lis pendens should be filed in the office of the county recorder of the proper county at the time of the commencement of the action, and may be as follows:

FORM NO. 39.

NOTICE OF PENDENCY OF ACTION.

[Name of Court.]

Notice is hereby given that this action is pending in the Superior Court of the state of California in the county of ; that A B is the plaintiff in the action, and C D, E F, I J, and the two defendants designated in the action by the

names John Doe and Richard Roe, are the defendants in the action, and the object of the action is to obtain a judgment of the court for the sale of the following described real property, [describe it] which was mortgaged by the defendant C D, to the plaintiff to secure the payment of an indebtedness from said C D, to the plaintiff, to foreclose all equity of redemption in said mortgaged property by the defendants in the action, or by any, or either of them, for a deficiency judgment, if there be a deficiency, against the defendant C D, and for such other or further relief as the equity of the case may warrant. [Date.]

COMPLAINT AGAINST A BAILEE OF GOODS FOR NOT TAKING CARE OF AND RETURNING THEM.

livered to the defendant, and defendant received from plaintiff goods and chattels described as [describing them] then and ever since the property of plaintiff, of the value of dollars, to be by the defendant safely and securely kept for the plaintiff, and returned and delivered to him on demand, for the compensation of dollars to be paid to the defendant by

plaintiff for such keeping, return and delivery;

II.

That plaintiff duly performed all the conditions of said

contract on his part, and on the day of

he offered to

dollars, and

pay, and tendered to defendant said sum of demanded of him the return of said goods and chattels, and plaintift was then, and has been ever since ready, able and willing, and he offered to pay to defendant, and tendered to defendant, said sum of dollars to be paid on the return to plaintiff of said goods and chattels, but the defendant neglected

and refused, and ever since has neglected and refused to return said goods and chattels or any part thereof to plaintiff;

[That the defendant so negligently and carelessly conducted himself with respect to said goods, and took so little care thereof, that by and through the carelessness and negligence of defendant and his servants said goods were injured and were lost to plaintiff] to plaintiff's damage

for

dollars.

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of this action.

GH,

Attorney for Plaintiff.

FORM NO. 41.

AGAINST A COMMON CARRIER FOR INJURY TO PERSON AND PROPERTY.

[Name of Court.]

Plaintiff complains and alleges:

I.

That at the times hereinafter mentioned defendant was a common carrier of passengers [and goods] from

to

rier, defendant received plaintiff, [and trunks of plaintiff which contained goods, the property of plaintiff, of the value of

dollars] to be carried by defendant as such common carrier from

to

;

III.

That the defendant and his servants were negligent and careless in carrying plaintiff [and said goods] from

to

and by reason of such negligence and carelessness, the [state the nature of the accident;] and that by reason thereof plaintiff was bruised, wounded and injured so that thereby he became ill and lame, and was prevented for months

from attending to his business [and for a long time to come will be so prevented] and he necessarily incurred expenses to the amount of dollars, in endeavoring to be cured of the in

juries so received, to plaintiff's damage

dollars;