Sample Cross Complaint California Without Consent
Description
How to fill out California Cross-Complaint For Damages?
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FAQ
Search Legal Terms and Definitions The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint.
Suing someone else who may be at fault This is called filing a cross-complaint. Example: Sue the plaintiff back. You are riding a bike. You and another person riding a bike crash into each other and both get hurt. They sue you for their injuries.
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.
complaint shall be served on each of the partiesin an action in the following manner: (1) Ifa party has not appeared in the action, a summons upon the crosscomplaint shall be issued and served upon him in the same manner as upon commencement of an original action.
For example, if Trucker John hired some loaders to load the furniture, and they were the ones that damaged the furniture, then Trucker John could crossclaim the loaders for all or part of the damage to the furniture.