Compulsory Cross-Complaint Form
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(Name, Address Of Party or attorney)
____________
____________
____________
State Bar No: ______
(____) _____ - ________
Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

 

[PLAINTIFF(S) NAMES]
Plaintiffs,
 
v.
 
[DEFENDANT(S) NAMES]
Defendants
________________________________
[CROSS-COMPLAINANT]
Cross-Complainant
v.

 

 
[CROSS-DEFENDANT(S)]
Cross-Defendants
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CASE NO: _______
 
CROSS-COMPLAINT FOR DAMAGES
 
 

Cross-complainant alleges:

1. Cross-complainant is, and at all times mentioned in
this complaint was, a resident of __________ County, California.

2. Cross-defendant is, and at all times mentioned in this
complaint was, a resident of __________ County, California.

3. On __________ [date], cross-defendant filed a complaint
in the above-entitled action alleging that cross-complainant
breached a contract entered into with cross-defendant by failing
to pay for __________ [quantity] of __________ [goods] delivered
to cross-complainant. Cross-complainant denies that __________
[he or she] breached the contract. On the contrary, cross-
defendant breached the contract by failing to supply
merchantable __________ [goods], as is more fully set forth in
this cross-complaint.

4. Cross-complainant is, and at all times mentioned in
this cross-complaint was, engaged in the business of supplying
__________ [type of goods] to retail merchants for resale to the
public. As a part of that business, cross-complainant has
entered into a number of contracts with various retail merchants
by which cross-complainant has agreed to supply various
quantities of __________ [type of goods] to those merchants. In
order to meet its obligations under those contracts, cross-
complainant contracts with manufacturers and other suppliers of
__________ [type of goods], including cross-defendant, for the
wholesale purchase of __________ [type of goods].

5. Cross-defendant is, and at all times mentioned in this
cross-complaint was, engaged in the business of manufacturing
__________ [type of goods] for resale to wholesale suppliers,
including cross-complainant.

6. On __________ [date], cross-complainant and cross-
defendant entered into a contract by which cross-defendant
agreed to sell to cross-complainant, and cross-complainant
agreed to purchase, __________ [quantity] of __________ [goods]
for the sum of $__. Under the contract, payment for the
__________ [goods] was due __________ [within 30 days of
delivery or as the case may be]. A copy of the contract is
attached as Exhibit __ and incorporated by reference.

7. Under the contract described above, cross-defendant
promised to deliver to cross-complainant __________ [quantity]
of __________ [goods] of merchantable quality suitable for
resale to retail merchants.

8. On __________ [date], cross-defendant delivered the
__________ [quantity] of __________ [goods] to cross-complainant
at cross-complainant's place of business located at __________
[address], __________ [city], __________ County, California.
Immediately after taking delivery, cross-complainant inspected
the __________ [goods] and discovered that, in breach of cross-
defendant's duties and obligations under the contract with
cross-complainant, the entire __________ [quantity] of
__________ [goods] was unmerchantable and totally worthless.

9. On __________ [date], cross-complainant notified cross-
defendant that the __________ [goods] delivered to cross-
complainant were unmerchantable and gave cross-defendant
__________ [30 days or as the case may be] within which to
supply replacement __________ [goods] that met the terms of the
contract. A copy of the notice is attached as Exhibit __ and
incorporated by reference.

10. Although given the opportunity to do so as set forth
above, cross-defendant refused to deliver any replacement
__________ [goods] to cross-complainant.

11. As a direct and proximate result of cross-defendant's
breach of contract, and in order to meet cross-complainant's
obligations under __________ [his or her] supply contracts with
retail merchants, cross-complainant was required to purchase
__________ [quantity] of replacement __________ [goods] from
other suppliers for the total sum of $__, a reasonable price at
the time the __________ [goods] were purchased.

12. As a further direct and proximate result of cross-
defendant's breach of contract, cross-complainant has been
damaged in the sum of $__, the difference between the price
cross-complainant was required to pay other suppliers for the
replacement __________ [goods] and the price at which cross-
defendant agreed to supply the __________ [goods] under the
contract __________ [if applicable, add: plus incidental and
consequential damages in the sum of $__].

13. __________ [If contract provides for recovery of
reasonable attorney fee, add appropriate allegation.]

WHEREFORE, cross-complainant demands judgment against
cross-defendant as follows:

1. Damages in the sum of $__;

2. Costs of suit; and

3. Any other and further relief that the court considers
proper.

 

 

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

 
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