This form is a Cross-Complaint for Damages. The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. Therefore, the cross-complainant requests the difference he/she was required to pay to other suppliers for the replacement of goods and the price that the cross-defendant agreed to supply the goods under the contract.
Sample Cross Complaint California Without Cause
State:
California
Control #:
CA-5048-KL
Format:
Word;
Rich Text
Instant download
Description
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How to fill out California Cross-Complaint For Damages?
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FAQ
If there is no verification you can generally deny all the statements in the complaint by checking box 3(a). If there is a separate verification following the signed complaint, you must check box 3(b) and respond to each paragraph of the complaint by either: A. Admitting the statements in the complaint are true.
428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. This is called "service." You have to have all papers "served" on every party in the lawsuit. You cannot serve the lawsuit yourself. It must be served by someone who is not a party to the action, at least 18 years old.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
By Practical Law Litigation. Maintained ? California. A sample cross-complaint that a defendant may use to pursue affirmative claims against a plaintiff, co-defendant, or third-party defendant in an unlimited civil action in California superior court.