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.
