Civil Code section 1691(b) states "...When notice of rescission has not otherwise been given or an offer to restore the benefits received under the contract has not otherwise been made, the service of a pleading in an action or proceeding that seeks relief based on rescission shall be deemed to be such notice or offer or both."

So they included the notice of rescission in the complaint, but does that amount to "an action or proceeding that seeks relief based on rescission?"