Cross-Complaint for Personal Injury, Property Damage, Wrongful Death

CROSS-COMPLAINT - Personal Injury, Property Damage, Wrongful Death

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

SHORT TITLE:

CASE NUMBER:

CROSS-COMPLAINANT:

CROSS-DEFENDANT:

DOES 1 TO: CROSS-COMPLAINT - Personal Injury, Property Damage, Wrongful Death

AMENDED (Number):

Causes of Action (check all that apply):

Apportionment of Fault

Indemnification

Declaratory Relief

Other (specify):

Jurisdiction (check all that apply):

ACTION IS A LIMITED CIVIL CASE ($25,000 or less)

ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)

It is not reclassified as unlimited by this cross-complaint

1. CROSS-COMPLAINANT (name): alleges causes of action against CROSS-DEFENDANT (name):

2. This pleading, including exhibits and attachments, consists of the following number of pages:

3. Each cross-complainant named above is a competent adult: except cross-complainant (name):

a corporation qualified to do business in California

an unincorporated entity (describe):

a public entity (describe):

a minor

an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed

other (specify):

Information about additional cross-complainants who are not competent adults is contained in

4. Each cross-defendant named above is a natural person: except cross-defendant (name):

a business organization, form unknown

a corporation

an unincorporated entity (describe):

a public entity (describe):

other (specify):

Information about additional cross-defendants who are not natural persons is contained in

The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant.

6. Cross-complainant is required to comply with a claims statute, and has complied with applicable claims statutes, or is excused from complying because (specify):

7. Cause of Action - Indemnification

a. Cross-defendants were the agents, employees, co-venturers, partners, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment.

b. The principal action alleges, among other things, conduct entitling plaintiff to compensatory damages against me. I contend that I am not liable for events and occurrences described in plaintiff's complaint.

c. If I am found in some manner responsible to plaintiff or to anyone else as a result of the incidents and occurrences described in plaintiff's complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by law; therefore, I would be entitled to complete indemnity from each cross-defendant.

8. Cause of Action - Apportionment of Fault

a. Each cross-defendant was responsible, in whole or in part, for the injuries, if any, suffered by plaintiff.

b. If I am judged liable to plaintiff, each cross-defendant should be required: (1) to pay a share of plaintiff's judgment which is in proportion to the comparative negligence of that cross-defendant in causing plaintiff's damages; and (2) to reimburse me for any payments I make to plaintiff in excess of my proportional share of all cross-defendants' negligence.

9. Cause of Action - Declaratory Relief

An actual controversy exists between the parties concerning their respective rights and duties because cross-complainant contends and cross-defendant disputes as specified in Cross-Complaint-Attachment 9 as follows:

10. Cause of Action (specify):

11. The following additional causes of action are attached and the statements below apply to each:

Motor Vehicle

General Negligence

Intentional Tort

Products Liability

Premises Liability

Other (specify):

12. CROSS-COMPLAINANT PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for

total and complete indemnity for any judgments rendered against me.

judgment in a proportionate share from each cross-defendant.

a judicial determination that cross-defendants were the legal cause of any injuries and damages sustained by plaintiff and that cross-defendants indemnify me, either completely or partially, for any sums of money which may be recovered against me by plaintiff.

compensatory damages

(limited civil cases) in the amount of: $

(unlimited civil cases) according to proof.

other (specify):

13. The paragraphs of this cross-complaint alleged on information and belief are as follows (specify paragraph numbers):