Sample Cross Complaint For Indemnity California

State:
California
Control #:
CA-5048-KL
Format:
Word; 
Rich Text
Instant download

Description

The Sample Cross Complaint for Indemnity in California is a legal document used to file a counterclaim in response to a primary complaint. It outlines allegations made by the cross-complainant against the cross-defendant regarding breach of contract related to the sale of goods. Key features include sections for identifying the parties, detailing the breach, specifying damages incurred, and requesting judgment from the court. The form must be filled out with precise information such as dates, involved parties, and quantities of goods to facilitate clarity and accuracy. Attorneys, partners, legal associates, paralegals, and legal assistants can benefit from this form as it serves a crucial role in litigation processes, helping to assert the rights of clients in counterclaims effectively. It is equipped with a verification section to ensure the truthfulness of the claims made, which is essential for legal compliance. Users should carefully follow filling and editing instructions to maintain the document's validity and professionalism.
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FAQ

A party making a cross-claim for indemnification alleges that, should the first party be found liable for the initial claim/counterclaim, then the party against whom the cross-claim is made is liable to reimburse the cross-claiming party for some or all of the damages.

Cross-complaint A defendant can sue the plaintiff back, or even sue another defendant in the case. If there's someone else who is not part of the case they think is responsible, they can sue them as well and have them be part of the case. This is called filing a cross-complaint.

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.

The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver.

An Example Of Indemnity Cross-Claims In Action If a grocery store is named in a premises liability action in which the plaintiff was injured when they slipped on the floor, it may come to light that the store contracts with a janitorial company that polishes the floor.

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Sample Cross Complaint For Indemnity California