A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
California Complaint for Correction and Reformation of Judgment on the Ground of Mistake
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US-01529BG
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How to fill out Complaint For Correction And Reformation Of Judgment On The Ground Of Mistake?
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FAQ
Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important.
Reformation is a court's equitable power to modify a contract to reflect the parties' true intent where some error has been committed.
When reformation of a written instrument is essential to any relief, the action is governed by the 3-year statute of limitations applicable to actions seeking relief for fraud or mistake. CCP §338(d); see Leeper v Beltrami (1959) 53 C2d 195.
Scrivener's Error An error which was made when the will was being written. A scrivener's error can be as simple as a misspelled or omitted word.
If the non-mistaken party knows or should know that the other party has made a unilateral mistake, the result is usually contract rescission (cancellation). On the other hand, if the other party was not aware of the mistake, the contract can be reformed (rewritten).
Code §3399. Reformation is an equitable contract remedy; not a cause of action. Reformation serves to enforce the meeting of the minds formulated and agreed upon by the parties. It does not create a new contract, but rather reflects the contracts intended by both parties of the agreement.
Reformation based upon a scrivener's error requires proof of a prior agreement between parties, which when subsequently reduced to writing fails to accurately reflect the prior agreement (Harris v. Uhlendorf, 24 NY2d 463, 467, 248 N.E.2d 53 892, 30 NYS 2d 5 [1969]).
Contract reformation is a type of ?equitable remedy? ? an important term we will explain below ? where the court rewrites the agreement to reflect the true intention of the parties. It often arises in cases involving a mistake of fact or misrepresentation in an agreement.
