Legal Cross-Complaint Form

LEGAL CROSS-COMPLAINT FORM

Court Name:   Case No.:

Cross-Complainant Name:   Address for Service:

Cross-Defendant Name:   Address for Service:

RECITALS

WHEREAS, on or about , Cross-Complainant and Cross-Defendant entered into certain transactions and dealings concerning ; and

WHEREAS, Cross-Complainant alleges that Cross-Defendant failed to perform obligations arising from said transactions, causing damage to Cross-Complainant in an amount to be proven at trial; and

WHEREAS, Cross-Complainant seeks affirmative relief and any equitable remedies available under applicable law.

NOW, THEREFORE, Cross-Complainant alleges as follows:

1. PARTIES

1.1 Cross-Complainant is a party capable of suing and being sued and is the party identified above as Cross-Complainant. Principal place of business or residence:

1.2 Cross-Defendant is a party capable of being sued and is the party identified above as Cross-Defendant. Principal place of business or residence:

2. JURISDICTION AND VENUE

2.1 This Court has jurisdiction over the subject matter of this cross-complaint pursuant to applicable statute and rules because the claims arise from transactions and occurrences within this jurisdiction and the amount in controversy is within the Court's jurisdictional limits.

2.2 Venue is proper in this county because the events giving rise to the claims occurred in County and Cross-Defendant conducts business or resides in this county.

3. FACTUAL ALLEGATIONS

3.1 Beginning on or about , Cross-Complainant and Cross-Defendant engaged in the following conduct:

3.2 Despite Cross-Complainant's performance and demand for performance, Cross-Defendant failed to:

4. CAUSES OF ACTION

Cross-Complainant asserts the following causes of action against Cross-Defendant. For each cause of action Cross-Complainant pleads the elements required by law and alleges the facts above constitute each element.

Breach of Contract

If selected, basis and contract identification:

Legal basis: Cross-Complainant performed all conditions precedent required under the contract, Cross-Defendant materially breached its obligations, and as a direct and proximate result Cross-Complainant suffered damages.

Negligence

Legal basis: Cross-Defendant owed a duty of care to Cross-Complainant, breached that duty by failing to exercise reasonable care, and such breach was the proximate cause of the damages alleged.

Intentional Misrepresentation / Fraud

If selected, particulars of misrepresentation:

Legal basis: Cross-Defendant knowingly made false statements with intent to induce reliance; Cross-Complainant justifiably relied and suffered damages as a result.

Unjust Enrichment / Quasi-Contract

Legal basis: Cross-Defendant received and accepted benefits under circumstances that make it inequitable for Cross-Defendant to retain such benefits without compensating Cross-Complainant.

5. DAMAGES

5.1 As a direct and proximate result of Cross-Defendant's conduct, Cross-Complainant has suffered general and special damages in the sum of $, according to proof at trial, together with interest, costs, and other relief as set forth below.

5.2 Cross-Complainant seeks consequential damages, incidental damages, and, where applicable, punitive or exemplary damages in an amount to be proven at trial.

6. ATTORNEYS' FEES, COSTS, AND INTEREST

6.1 Cross-Complainant is entitled to recover reasonable attorneys' fees and costs incurred in prosecuting this cross-complaint pursuant to contract, statute, or law. Cross-Complainant therefore seeks recovery of such fees and costs to the extent permitted by law.

6.2 Cross-Complainant also seeks pre-judgment and post-judgment interest at the maximum rate allowed by law on any monetary award.

7. JURY DEMAND

Cross-Complainant hereby demands a trial by jury on all claims and issues triable to a jury.   Jury demanded

8. PRAYER FOR RELIEF

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

1. For general and special damages in an amount according to proof;
2. For consequential and incidental damages as proven at trial;
3. For punitive damages to the extent permitted by law;
4. For costs of suit and reasonable attorneys' fees;
5. For pre-judgment and post-judgment interest as allowed by law; and
6. For such other and further relief as the Court deems just and proper.

9. NOTICES

10. MISCELLANEOUS PROVISIONS

GOVERNING LAW: This cross-complaint and the rights of the parties shall be governed by and construed in accordance with the laws of the jurisdiction in which this Court sits, without regard to conflict of laws principles.

ENTIRE AGREEMENT: To the extent this document reflects agreements between the parties, such writings contain the entire understanding and agreement of the parties with respect to the subject matter herein and supersede all prior oral or written agreements.

SEVERABILITY: If any provision of this cross-complaint is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

AMENDMENTS: Cross-Complainant reserves the right to amend this cross-complaint to add additional parties, causes of action, or allegations as discovery and further investigation may warrant.

WAIVER: The failure of any party to insist upon strict performance of any provision of this cross-complaint shall not be construed as a waiver of any subsequent default of the same or similar nature.

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 and the same instrument.

11. VERIFICATION

The undersigned declares under penalty of perjury under the laws of the jurisdiction where this cross-complaint is filed that the foregoing is true and correct to the best of the undersigned's knowledge, information and belief.

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