Fill and Sign the Superior Court of the State of California in and for the County Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (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 )CASE NO.: _______Plaintiffs )CROSS-COMPLAINANT ) Cross Complainant ) ) v ) ) DEFENDANT(S) NAMES ) Defendants) CROSS DEFENDANT(S) ) Cross-Defendants ------------------------------------------------------------------ CROSS-COMPLAINT FOR DAMAGES Cross-complainant alleges: I. Cross-complainant is, and at all times mentioned in this complaint was, Resident of __________ County, California. II. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Cross-defendant is, and at all times mentioned in this complaint was, a resident of __________ County, California. III. On __________ [date], cross-defendant filed a complaint in the above-entitled action alleging that cross-complainant breached a contract entered into with cross-defendant by failing to pay for __________ [quantity] of __________ [goods] delivered to cross-complainant. Cross- complainant denies that __________ [he or she] breached the contract. On the contrary, cross- defendant breached the contract by failing to supply merchantable __________ [goods], as is more fully set forth in this cross-complaint. IV. Cross-complainant is, and at all times mentioned in this cross-complaint was, engaged in the business of supplying __________ [type of goods] to retail merchants for resale to the public. As a part of that business, cross-complainant has entered into a number of contracts with various retail merchants by which cross-complainant has agreed to supply various quantities of __________ [type of goods] to those merchants. In order to meet its obligations under those contracts, cross-complainant contracts with manufacturers and other suppliers of__________ [type of goods], including cross-defendant, for the wholesale purchase of __________ [type of goods]. V. Cross-defendant is, and at all times mentioned in this cross-complaint was, engaged in the business of manufacturing __________ [type of goods] for resale to wholesale suppliers, including cross-complainant. VI. On __________ [date], cross-complainant and cross- defendant entered into a contract by which cross-defendant agreed to sell to cross-complainant, and cross-complainant agreed to purchase, __________ [quantity] of __________ [goods] for the sum of $__. Under the contract, payment for the __________ [goods] was due _________ [within 30 days of delivery or as the case may be]. A copy of the contract is attached as Exhibit __ and incorporated by reference. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 VII. Under the contract described above, cross-defendant promised to deliver to cross- complainant __________ [quantity] of __________ [goods] of merchantable quality suitable for resale to retail merchants. VIII. On __________ [date], cross-defendant delivered the __________ [quantity] of __________ [goods] to cross-complainant at cross-complainant's place of business located at __________ [address], __________ [city], __________ County, California. Immediately after taking delivery, cross-complainant inspected the __________ [goods] and discovered that, in breach of cross-defendant's duties and obligations under the contract with cross-complainant, the entire __________ [quantity] of __________ [goods] was unmerchantable and totally worthless. IX. On __________ [date], cross-complainant notified cross-defendant that the __________ [goods] delivered to cross- complainant were unmerchantable and gave cross-defendant __________ [30 days or as the case may be] within which to supply replacement __________ [goods] that met the terms of the contract. A copy of the notice is attached as Exhibit __ and incorporated by reference. X. Although given the opportunity to do so as set forth above, cross-defendant refused to deliver any replacement _________ [goods] to cross-complainant. XI. As a direct and proximate result of cross-defendant's breach of contract, and in order to meet cross-complainant's obligations under __________ [his or her] supply contracts with retail merchants, cross-complainant was required to purchase __________ [quantity] of replacement __________ [goods] from other suppliers for the total sum of $__, a reasonable price at the time the __________ [goods] were purchased. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 XII. As a further direct and proximate result of cross-defendant's breach of contract, cross- complainant has been damaged in the sum of $__, the difference between the price cross- complainant was required to pay other suppliers for the replacement __________ [goods] and the price at which cross- defendant agreed to supply the __________ [goods] under the contract __________ [if applicable, add: plus incidental and consequential damages in the sum of $__]. XIII. __________ [If contract provides for recovery of reasonable attorney fee, add appropriate allegation.]WHEREFORE, cross-complainant demands judgment against cross-defendant as follows:Damages in the sum of $__;Costs of suit; andAny other and further relief that the court considers proper. DATE: ____________________ ____________________ (Signature) VERIFICATIONI, ___, 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. -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at , California. DATE: ____________________ ____________________ (Signature)