Legal Cross Complaint

LEGAL CROSS COMPLAINT

Cross-Complainant: , Entity Type: Individual Corporation Limited Liability Company Partnership Other , Primary Address:

Cross-Defendant: , Entity Type: Individual Corporation Limited Liability Company Partnership Other , Primary Address:

Recitals

WHEREAS, Cross-Complainant has previously commenced or is subject to an action identified as Case Number pending in the Court specified as ; and

WHEREAS, Cross-Complainant asserts claims arising from transactions and events described herein against Cross-Defendant and seeks affirmative relief, indemnity, and declaratory relief arising out of the same transactions that are the subject of the primary action; and

WHEREAS, Cross-Complainant contends that Cross-Defendant's acts and omissions caused damage to Cross-Complainant and that Cross-Complainant is entitled to relief under contract, tort, or equitable theories as pleaded below.

NOW, THEREFORE, Cross-Complainant alleges the following causes of action against Cross-Defendant, and prays for judgment as set forth below.

1. Parties

1.1 Cross-Complainant is and at all material times was engaged in . Cross-Complainant's principal place of business is

1.2 Cross-Defendant is and at all material times performed acts and omissions in connection with the transactions described below. Cross-Defendant's principal place of business or residence for service is

2. Jurisdiction and Venue

2.1 This Court has subject matter jurisdiction because the controversy arises from actions that occurred within this jurisdiction and the relief sought does not exceed the Court's limits under applicable law. Specific jurisdictional facts include:

2.2 Venue is proper in this Court because the events giving rise to the claims occurred in this county and/or the defendant resides or transacts business here.

3. General Allegations

3.1 On or about , Cross-Complainant and Cross-Defendant entered into a written or oral agreement described as (the "Agreement"). A true and correct copy of the Agreement is in Cross-Complainant's possession and will be produced upon request.

3.2 Under the Agreement, Cross-Defendant expressly or impliedly promised to . Cross-Defendant breached that obligation by failing to on or about .

3.3 As a proximate result of Cross-Defendant's breaches and wrongful conduct, Cross-Complainant has suffered damages in the sum of plus interest, costs, and other recoverable amounts.

4. Causes of Action

Count I — Breach of Contract

4.1 Cross-Complainant incorporates by reference paragraphs 1 through 3 as though fully set forth herein. Cross-Complainant and Cross-Defendant formed an enforceable contract as described above. Cross-Defendant materially breached the contract by . Cross-Complainant performed all conditions precedent or was excused from performance.

4.2 As a direct and proximate result of Cross-Defendant's breach, Cross-Complainant has incurred damages in the amount of , together with interest, attorneys' fees where recoverable, and costs of suit.

Count II — Negligence

4.3 Cross-Complainant incorporates by reference the preceding paragraphs. Cross-Defendant owed Cross-Complainant a duty to exercise reasonable care in . Cross-Defendant breached that duty by , which was a proximate cause of Cross-Complainant's injuries and economic losses in the amount of .

Count III — Declaratory Relief

4.4 An actual controversy exists regarding the parties' rights and obligations under the Agreement and related instruments. Cross-Complainant seeks a judicial declaration that: (a) ; and (b)

5. Prayer for Relief

WHEREFORE, Cross-Complainant prays for judgment against Cross-Defendant as follows:

1. For general and special damages in the sum of , according to proof;
2. For prejudgment and postjudgment interest as allowed by law;
3. For an award of costs, expenses, and reasonable attorneys' fees to the extent permitted by contract or statute;
4. For a declaratory judgment as set forth in paragraph 4.4 above;
5. For injunctive or equitable relief as the Court deems just and proper;
6. For such other and further relief as the Court deems appropriate and equitable.

6. Jury Demand

Cross-Complainant hereby demands a jury trial on all claims so triable. Demand jury trial

7. Verification

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge, information, and belief.

Notices

All notices, requests, demands, and other communications required or permitted under this Cross Complaint shall be in writing and delivered to the addresses below by personal delivery, certified mail, or overnight courier.

Miscellaneous Provisions

Governing Law: This Cross Complaint shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

Entire Agreement: This Cross Complaint, together with any incorporated documents, constitutes the entire statement of Cross-Complainant's claims in this action and supersedes any prior understandings, agreements, or representations, whether written or oral, relating to the subject matter herein.

Severability: If any provision of this Cross Complaint is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Amendments: Cross-Complainant reserves the right to amend or supplement this Cross Complaint as additional facts are discovered or as required by the Court.

Waiver: The failure to enforce any provision of this Cross Complaint shall not constitute a waiver of any future enforcement of that or any other provision.

Counterparts: This Cross Complaint may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

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