Kinsey Law Offices 
Complaint To Set Aside Fraudulent Transfer
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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 NAMES]
Cross-Complainants
 
v.
 
[CROSS-DEFENDANT NAMES]
 
Cross-Defendants
_____________________________________
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CASE NO: _______
 
COMPLAINT FOR IMPLIED
INDEMNITY, COMPARATIVE INDEMNITY
DECLARATORY RELIEF,
EQUITABLE INDEMNITY
AND CONTRIBUTION

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Plaintiff complains and for causes of action alleges as follows:

PRELIMINARY ALLEGATIONS

<>. Croll- Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of California.

<>. Cross-Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of California with principle offices located at ___, in the City of ___, County of ___.

<>. The true names and capacities, whether individual, corporate, associate or otherwise, of the cross-defendants named herein as DOES 1 through 50, inclusive, are unknown to cross-complainant who therefore sues said cross-defendants by such fictitious names. Cross-Complainant___ will seek leave to amend his___ cross-complaint to show their true names and capacities when the same have been ascertained.


<>. Cross-Complainant___ is__ informed and believes and on such information and belief alleges___ that at all times herein pertinent, the individual cross-defendant___ named herein are___ or were___ residents of _____ county in the State of California.


<>. Cross-Complainant___ is___ informed and believes___ and on such information and belief alleges that at all times herein mentioned, cross-defendants, and each of them, were the agents, servants, representatives and employees of the other cross-defendants, and each of them, and in doing the things herein alleged, were acting within the course and scope of such agency and employment.


<>. Cross-Complainant___ is___ informed and believes___ and thereon alleges___ that each of the cross-defendants designated herein as a DOE is reaponsible in some manner for the happenings and events hereinafter alleged and negligently or otherwise caused the losses and/or damages as herein alleged.


FIRST CAUSE OF ACTION
(Implied Indemnity Against All Cross-Defendants)

 

<>. Cross-complainant___ refers___ to Paragraph ___ through ___ of his___ First Cause of Action and incorporates___ the same herein by reference as though fully set forth at length at this point


<>. A Complaint entitled _____ was filed on or about ___, 19__, alleging damages arising as a result of an alleged incident. Said complaint, for purposes of its allegations only, is incorporated by reference herein as though fully set forth at length.


<>. Cross-complainant___ is___ incurring and has___ incurred attorney's fees, court costs, investigative costs and other costs in connection with defending said complaint, the exact amount of which is unknown at this time. when the same has been ascertained, cross-complainant___ will seek leave of court to amend this cross-complaint to set forth the true nature and amount of said costs and expenses.


<>. If cross-complanant___ is___ held liable and responsible to plaintiff for damages as alleged in ___ Complaint, it will be solely due to the conduct of cross-defendants, and each of them, as herein alleged. Therefore, cross-complainant___ is___ entitled to be indemnified by said cross-defendants, and each of them should such liability arise.


<>. If cross-complainant___ is___ held liable or responsible to the plaintiffs___ for damages, said liability will be vicarious only and said liability will be the direct and proximate result of the active and affirmative conduct on the part of cross-defendants, and each of them.


<>. Cross-complainant___ is___ entitled to complete indemnification by said cross-defendants, and each of them for any sum or sums for which he may be adjudicated liable to plaintiffs, with costs of defense, costs of suit, and reasonable attorney's fees incurred therefrom.



SECOND CAUSE OF ACTION
(Comparative Indemnity Against all Cross-Defendants)



<>. Cross-complainant___ refers___ to Paragraph ___ through ___ of his___ First Cause of Action and incorporates___ the same herein by reference as though fully set forth at length at this point


<>. Cross-complainant___ contends___ that he___ is in no way legally responsible for the events giving rise to the plaintiff's causes of action, or legally responsible in any other manner for the damages allegedly sustained by the plaintiff. However, if as a result of the matters alleged in plaintiff's complaint, this___ cross-complainant___ is___ held liable for all or any part of the claim or damages asserted against him___ by the plaintiff___, cross-defendants, and each of them, to the extent that their fault was a proximate cause of plaintiff's___ damages and/or losses, are responsible for said damages and/or losses in proportion to each cross-defendants' comparative negligence and this cross-complainant is entitled to a determination of several liability.


<>. By reason of the foregoing, cross-complainant__ is___ entitled to indemnity from cross-defendants, and each of them, for all costs, fees, expenses, settlements and judgments paid by and incurred by cross-complainant in connection with this litigation.



THIRD CAUSE OF ACTION
(Declaratory Relief Against all Cross-Defendants)


<>. Cross-Complainant__ refers___ to Paragraphs ___ through __ of his___ First Cause of Action and by this reference incorporates the same herein as though set forth in full.


<>. An actual controversy has arisin between cross-complainant___ and cross-defendants, and each of them, with respect to the rights, obligations and duties of the parties: (a) cross-complainant___ contends___ that he___ is___ without fault, responsibility or blame for any of the damages which the plaintiff___ may have suffered. If there is any _____, these acts were committed by the cross-defendants and not the cross-complainant. Cross-Complainant contends that he___ is entitled to indemnity from cross-defendants, and each of them. (b) Cross-complainant___ is___ informed and believes___ and thereon alleges___ that the cross-defendants, and each of them contend to the contrary.


FOURTH CAUSE OF ACTION
(Equitable Indemnity Against All Cross-Defendants)



<>. Cross-complainant refers___ to Paragraphs ___ through ___ of the First Cause of Action and by this reference incorporates the same herein as though set forth at length.


<>. Cross-complainant alleges___ that he___ is in no way legally responsible for the events giving rise to Plaintiff's___ action no legally responsible in any manner for the damages allegedly sustained by said plaintiffs___. If, contrary to the foregoing allegations, cross-complainant___ herein is held to be liable for all or any part of the claim for damages asserted against cross-complainant___ by the plaintiffs, then cross-complainant is informed and believes, and based upon such information and belief, alleges that cross-defendants, and each of them,______[---i.e. were negligent, misrepresented certain facts, breached fiduciary duties, and breached contracts and/or agreements.-----]. Cross-complainant___ is___ informed and believes at this time that the above acts of the cross-defendants, and each of them, were the proximate cause of the damages and/or losses to Plaintiff___.


<>. By reason of the foregoing, cross-defendants, and each of them, are responsible and liable for any such damages in direct proportion to the extent of their ______[---allege acts done---] in bringing about said damages. If cross-complainant___ is___ found to be responsible for any of the damages of the plaintiffs, then cross-complainant___ is___ entitled to judgment over and against cross-defendants, and each of them in an amount proportionate to the amount of cross-complainant's___ financial responsibility for such damages that exceed his___ portion of responsibility, if any.


FIFTH CAUSE OF ACTION
(Contribution Against All Cross-Defendants)
.



<>. Cross-complainant___ refers___ to Paragraphs __ through __ of his___ First Cause of Action and by this reference incorporates___ the same herein as though set forth in full.


<>. Cross-complainant___ contends that he___ is in on way legally responsible for the damages alleged in plaintiff's___ complaint. However, if as a result of the matters alleged in plaintiff's___ complaint, cross-complainant___ is___ held liable for all or any part of plaintiff's___ alleged damages, cross-defendants herein, and each of them, to the extent that their fault is determined by the court, are obligated to reimburse and are liable to cross-complainant for all or any liability so assessed by way of contribution, and cross-complainant accordingly asserts herein such right to contribution.


WHEREFORE, cross-complainant___ prays___ for judgment as follows:


1. For a declaration of cross-complainant's___ rights and duties;


2. For an order of the court declaring the percentange of fault, if any, between cross-complainant and cross-defendants, and each of them, for damages and losses allegedly caused to plaintiff___;


3. For an order of the court awarding judgment in favor of cross-complainant___ against cross-defendants, and each of them, based upon the relative percentage of fault of each party incuding the plaintiff___;


4. For an order of this court that the cross-complainant___ is___ entitled to be fully indemnified by cross-defendant, and each of them, for any and all settlements or compromises and/or judgments entered into by cross-complainant___ as a result of this action;


5. For attorney's fees, court costs, investigative costs and other expenses incurred in the defense of the complaint according to proof; and


6. For such other and further relief as the court may deem just and 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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