FORM 66-3 COMPLAINT FOR REFORMATION OF LEASE: MISTAKE OF FACT AND INEQUITABLE CONDUCT OF DEFENDANT

• Jurisdiction: Oregon

Form 66-3 Complaint for Reformation of Lease: Mistake of Fact and Inequitable Conduct of Defendant

IN THE___COURT OF THE STATE OF OREGON FOR THE COUNTY OF___

__________ Plaintiff,

v.

__________ Defendant.

Case No.___

COMPLAINT

(REFORMATION OF LEASE)

Plaintiff alleges:

1.

On or about___, 20___, plaintiff lessor and defendant lessee entered into a 10-year lease for commercial property located at [address], Portland. A copy of the lease is attached as Exhibit 1 and is incorporated by reference.

2.

The lease, paragraph 3, provided for payments of $15,000 per month in the first year, to be adjusted on January 1 of each subsequent year by a figure "equal to the change in the Consumer Price Index for the Portland metropolitan area as issued by the Portland Chamber of Commerce."

3.

At the time they made their agreement, both plaintiff and defendant believed the Portland Chamber of Commerce issued the Consumer Price Index for the Portland metropolitan area. In fact, the U.S. Bureau of Labor Statistics is the source.

4.

Before signing the lease, defendant learned that the Portland Chamber of Commerce does not issue a consumer price index, but said nothing to plaintiff.

5.

Defendant now claims that because the Portland Chamber of Commerce does not issue a consumer price index, the rental payments should not be adjusted.

6.

The Consumer Price Index for the Portland metropolitan area, as issued by the U.S. Bureau of Labor Statistics, shows an increase of___ percent as of January 1, 20___, and an increase of___percent as of January 1, 20___.

7.

Despite numerous...