Permissive 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/third-party plaintiff alleges:

1. Cross-complainant/third-party plaintiff (referred to
below as cross-complainant) is, and at all times mentioned in
this complaint was, a resident of __________ County, California.

2. Cross-defendant/third-party defendant (referred to
below as third-party defendant) is, and at all times mentioned
in this complaint was, a resident of __________ County,
California.

3. On __________ [date], plaintiff filed a complaint in
the above-entitled action alleging that cross-complainant
breached a contract entered into with plaintiff by delivering
defective __________ [type of goods] under contract. Cross-
complainant denies that the __________ [goods] were defective as
alleged in the complaint, but if it should be determined at
trial that they were defective, __________ [third-party
defendant] is liable to cross-complainant for supplying the
goods in such defective condition in breach of a contract
between __________ [third-party defendant] and cross-
complainant, 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, including plaintiff, 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 third-party defendant, for the wholesale purchase of
__________ [type of goods].

5. Third-party 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 third-party
defendant entered into a contract by which third-party 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, third-party
defendant promised to deliver to cross-complainant __________
[quantity] of __________ [goods] of merchantable quality
suitable for resale to retail merchants.

8. On __________ [date], third-party 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 made a reasonable inspection of the __________
[goods] and, after determining that the __________ [goods]
appeared to be merchantable, delivered the __________ [goods] to
various retail merchants, including plaintiff, under cross-
complainant's contracts with those merchants.

9. When the __________ [goods] were delivered to plaintiff
as set forth above, they were in the same condition they were in
when delivered to cross-complainant by third-party defendant.

10. On __________ [date], plaintiff notified cross-
complainant that the __________ [goods] delivered to plaintiff
were unmerchantable __________ [if applicable, add: and gave
cross-complainant __________ (30 days or as the case may be)
within which to supply replacement __________ (goods)].

11. The __________ [goods] were unmerchantable in that
they __________ [specify defects]. The defects were such that
they were not, and could not have been, disclosed by cross-
complainant's inspection prior to the delivery to plaintiff.

12. Immediately after being notified by plaintiff that the
__________ [goods] were unmerchantable, cross-complainant
notified third-party defendant that the goods were
unmerchantable and gave third-party 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.

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

14. Cross-complainant attempted to obtain replacement
__________ [goods] from other suppliers in order to meet cross-
complainant's obligations under the contract with plaintiff, but
was unable to do so.

15. As a direct and proximate result of third-party
defendant's breach of contract as set forth above, cross-
complainant was unable to deliver any merchantable __________
[goods] to plaintiff.

16. As a further direct and proximate result of third-
party defendant's breach of contract, plaintiff filed suit
against cross-complainant seeking damages in the sum of $__ for
cross-complainant's alleged breach of contract.

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

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

1. Damages in the sum of $__, or any other amount cross-
complainant may be held liable for on plaintiff's claim;

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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