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.
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DATED: _______________ |
__________________________________________ |
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(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: _________________ ___________________________________
