PO BOX  __________
ORINDA,CA  ________
510- _____  ________
In pro per

SUPERIOR COURT OF CALIFORNIA
CONTRA COSTA COUNTY

Comes now Plaintiff Alan Griffin and alleges the following:
 

PARTIES

1.  Plaintiff Alan Griffin is a resident of the State of California. Defendant Roger Huddlestone is a

resident of the State of California, County of ______________ . Defendant Ruth Srickling is a

resident of the State of California. Defendant Frances Corlett is a resident of the State of    

 California. Defendant Fred Stitt is a resident of the State of California Defendant Dennis Rothhaar

 is a resident of State of California Defendant Joanna Griffin is a resident of the state of California.

JURISDICTION

2. This transaction occurred in Contra Costa County the property the subject of this action  is 

situated in, __ Insert City ____ Contra Costa County, California. Defendants _______, ____

____________, reside in the county of Contra Costa, California The court has jurisdiction. The

market value of the property in dollars is  $660,000. The value of premises and damage incurred as the result of the

misconduct of defendants exceeds ten thousand dollars. The loss of rental income exceeds $20,000
 

IDENTIFICATION OF PARTIES

_____ ______ is the former spouse of ______________ . _______ ______

is the attorney who represented  _______ _______ in dissolution proceedings.

________ ____________ is the party who purchased the subject property.represents Plaintiffs

ex-spouse Ms  _____ ______t. this complaint. Plaintiff is informed and thereupon alleges that ______ ______

 is an attorney who -- INseeeeett the names of all parties tio the lawsuit.

STATEMENT OF FACTS

    1. On or about January 9th 1998, defendant ________ _______ , signed an agreement with  defendant

_______ insert name of defendant ________  to a sell residence known as _____ ____ ______Orinda. (Hereinafter

THE ______ ROAD RESIDENCE) (Exhibit "A". Plaintiff  _______ ____ owned and had possession

of  the THE ______ ROAD  RESIDENCE  since 1977. THE ______ ROAD RESIDENCE was the home of  ______

_____since 1977,   and Plaintiff _________ was residing in THE ______ ROAD RESIDENCE at the time

of the  January 9th 1998 agreement to sell with defendnat ______________.  The plaintiff filed a

Homestead declaration on THE ______ ROAD RESIDENCE on _______________ (Exhibit "B").
 

__________ CAUSE OF ACTION
 

[   ] . Plaintiff restates and realleges the allegations of paragraphs 1 through 26, supra, inclusive.

[   ] . As a proximate result of the defendant___ fraudulent misrepresentatios and otherwise wrongful

conduct as elleged herein, Plaintiff__ is__ [----state threatened damages---]


<>. By reason of the fraudulent and otherwise wrongful
manner in which the defendants___, or any of them, obtained
their alleged right, claim or interest in and to the
property, defendant___, and each of them, have no legal or
equitable right, claim or interest therein, but, instead,
Defendant___, and each of them are involuntary trustees
holding said property and profits therefrom in constructive
trust for Plaintiff___ with the duty to convey the same to
Plaintiff___ forthwith.
 

TO BE INTERGRATED

Eighth Cause of Action

(For Declaratory Relief, Brought by the Legion Against All Defendants)

48. Restates and realleges the allegations of paragraphs 1 through 45, supra, inclusive.

49. The Legion contends that it owns the bank account, that it has the right to control the
amount on deposit in such account, and that it has sole right to obtain the sums which were
to be distributed to the Legion under the agreements from Mr. Rochat, wherever such
assets are located.

50. The Legion is informed and believes that the defendants contend to the contrary of the
allegations in paragraph 49, supra, and that they instead contend that one or more of them
have such rights.

51. On information and belief, there is a dispute requiring a Declaration from the Court that
the Legion has the rights as asserted in paragraph 49, supra.

Wherefore, plaintiff prays for relief as follows:

On the First Cause of Action, in favor of the Legion, against all defendants:

1. Imposition of a constructive trust over the assets, records, and seal, in favor of plaintiff.

2. An award of actual damages, of at least $7.1 million, plus interest at the maximum legal
rate, in a sum to be proved at trial.

3. Punitive damages in a sum to be proved appropriate at trial;

4. Costs of suit; and

5. Such other and further relief which the Court views as proper.

On the Second Cause of Action, in favor of the Legion, against all defendants:

1. For actual damages in a sum unique to each defendant for the value of what they
converted, plus interest at the maximum legal rate, in sums presently unknown, but
totalling at least $7.1 million.

2. For punitive damages in a sum to be proved appropriate at trial;

3. In the alternative to punitive damages, treble damages, costs, and reasonable
attorneys' fees, under California Penal Code Section 496, in a sum to be proved at trial;

On the Third Cause of Action, in favor of the Legion, against defendant Carto:

1. For an accounting of the assets', records', and corporate seal's disposition;

2. Costs of suit; and

3. Such other and further relief which the Court views as proper.

On the Fourth Cause of Action, in favor of the Legion, against defendant Carto:

1. An award of actual damages, of at least $7.1 million, plus interest at the maximum legal
rate, in a sum to be proved at trial;

2. Costs of suit; and

3. Such other and further relief which the Court views as proper.

On the Fifth Cause of Action, in favor of the Legion, against all defendants:

1. For actual damages in a sum unique to each defendant to be proved at trial, for which of
the assets they received, plus interest at the maximum legal rate, in sums presently
unknown, but totalling at least $7.1 million;

2. Costs of suit; and

3. Such other and further relief which the Court views as proper.

On the Sixth Cause of Action, in favor of the Legion, against Carto and Fischer:

1. For actual damages unique to each such defendant as a result of their acts concerning
Legion's records, in a presently unknown sum, but which damages total at least $7.1
million, plus interest at the maximum legal rate;

2. Costs of suit; and

3. Such other and further relief which the Court views as proper.

On the Seventh Cause of Action, in favor of the Legion, against all defendants:

1. For a temporary restraining order, and a temporary and permanent injunction,
prohibiting the transfer of any interest in the assets, or assets traceable to them, and of
Legion's records and seal; and prohibiting defendants from holding themselves out to
anyone as having authority to act or speak for plaintiff;

2. For a writ of possession and permanent injunction requiring the transfer to plaintiff of the
assets, or assets traceable to them, and Legion's records and corporate seal;

3. Costs of suit; and

4. Such other and further relief which the Court views as proper.

On the Eighth Cause of Action, in favor of the Legion, against all defendants:

1. For a declaration: that the Legion is the owner of the bank account and alone has all
rights associated with such ownership, such as the right to receive bank statements, obtain
transaction records, and receive and disburse such funds as are on account; that the Legion
has and had the sole right to any and all of the assets which were are subject to collection
and disbursement by Mr. Rochat to the Legion under the agreements, including in assets
traceable to the assets.

Wherefore, Judgment should be entered in favor of plaintiff and against defendants.

Dated: July 21, 1994

Jacques Beugelmans
Thomas Musselman
Attorneys for Plaintiffs

See Related Judicial Council Forms
Judicial Council Forms: Contract
COMPLAINT FOR CONSTRUCTIVETRUST
http://www.kinseylaw.com/ATTY%20SERV/civil/complaints/contrust.html