Was served with a breach of contract complaint. There is no rescission cause of action stated. There is only a statement (under "General Allegations") that the Complaint itself serves as a notice of rescission. Does rescission have to be properly pleaded or is this simple statement of notice sufficient to claim rescission?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?"