Cross ComplaintCal. Super. - 6th Dist.September 24, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/16/2020 2:57 PM Reviewed By: D Harris Case #20CV371151 Envelope: 5485555 20CV371151 Santa Clara - Civil D Harris JACHIMOWICZ LAW GROUP 1530 THE ALAMEDA, SUITE 115 SAN JOSE, CALIFORNIA 95126 (408) 246-5500 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joshua R. Jachimowicz (SBN 2783 16) Eleno Nunez Gonzalez (PL 471901) JACHIMOWICZ LAW GROUP 1530 The Alameda, Suite 115 San Jose, California 95 1 26 Tel.: (408) 246-5500 Fax: (408) 246-1051 E-Mail: iosh@iachlaw,qroup.com Attorneys for Defendant MELISSA KEY incorrectly named as MELISSA NGUYEN SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JOHN PHUNG, Plaintiff, vs. MELISSA NGUYEN, an individual; EDUOARD NGUYEN, an individual; ANGELO CRUZ, an individual; and DOES 1-1 00. Defendant. No. 20CV371 151 DEFENDANT MELISSA KEY’S CROSS-COMPLAINT FOR: 1. INDEMNITY 2. DECLARATORY RELIEF 3. APPORTIONMENT OF FAULT MELISSA KEY Cross-Complainant, vs. ANGELO CRUZ, an individual, and ROES 1-50, inclusive, Cross-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CROSS-COMPLAINANT MELISSA KEY (hereinafter “Ms. Key” 0r “Cross- Complainant”) complains and alleges the following causes of action: GENERAL ALLEGATIONS 1. Cross-Complainant is unaware of the tme names and capacities 0f each Cross-Defendant designated herein at ROES 1-50, inclusive, and each 0f them. DEFENDANT MELISSA KEY’S CROSS-COMPLAINT 1 JACHIMOWICZ LAW GROUP 1530 THE ALAMEDA, SUITE 115 SAN JOSE, CALIFORNIA 95126 (408} 246-5500 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Upon information and belief, Cross-Defendant Angelo Cruz (hereinafter “Cross-Defendant” 0r “Mr. Cruz”) is a natural person that at all times relevant t0 this Complaint resided in San Jose, County 0f Santa Clara, State of California. FIRST CAUSE 0F ACTION (INDEMNIFICATION) 3. If Cross-Defendant Mr. Cruz is found in some manner responsible to Plaintiff, Cross-Complainant’s liability would be based solely on a derivative form 0f liability not resulting from his conduct, but only from an obligation imposed upon Cross- Complainant by law; therefore, Cross-Complainant would be entitled t0 complete indemnity from each Cross-Defendant. SECOND CAUSE OF ACTION (DECLARATORY RELIEF) 4. An actual controversy has arisen between Cross-Complainant and Cross- Defendant, and each of them, with respect to the rights, obligations and duties 0f the patties. Cross-Complainant contends that he without fault, responsibility 0r blame for any of the damages which the Plaintiffmay have suffered (if any). If there are any acts Which caused Plaintiff s inju1y, these acts were committed by the Cross-Defendant and not the Cross-Complainant. Cross-Complainant contends that he is entitled to indemnity from Cross-Defendant, and each 0fthem. Cross-Complainant is informed and believes, and on that basis alleges that the Cross-Defendant, and each of them, contend to the contrary. Therefore, Cross-Complainant requests an adjudication and determination 0f the respective propofiions or percentages of fault, if any, on Cross-Complainant’s pan and on the part 0f the Cross-Defendant, and of all other parties t0 this action so as t0 appoflion the award to reflect the percentage of fault of Cross-Complainant, if any, Cross- Defendant, and of all other parties to this action, named 0r unnamed in the /// /// /// DEFENDANT MELISSA KEY’S CROSS-COMPLAINT 2 JACHIMOWICZ LAW GROUP 1530 THE ALAMEDA, SUITE 115 SAN JOSE, CALIFORNLA 95126 (408} 246-5500 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD CAUSE OF ACTION (Apportionment 0f Fault) 5. Cross-Complainant contends that he is in no way legally responsible for the damages alleged in Plaintiffs Complaint. However, if as a result of the matters alleged in the Complaint, Cross-Complainant is held liable for all 0f any part of Plaintiff s alleged damages, Cross-Defendant herein, and each of them, t0 the extent that their fault is determined by the Coufi, are obligated to reimburse and are liable to Cross-Complainant for all or any liability so assessed by way 0f contribution, and Cross-Complainant accordingly asserts herein such right t0 contribution. PRAYER FOR RELIEF WHEREFORE, Cross-Complainant prays for relief as follows: 1. For total and complete indemnity for any judgments rendered against this Cross-Complainant; 2. For a judicial determination that Cross-Defendants were the legal cause of injuries and damages suffered by Plaintiff and that said Cross~Defendant indemnify this Cross-Complainant, either completely 01' partially, for any sums of money which may be recovered against Cross-Complainant by Plaintiff. 3. Judgment in proportionate share from each Cross-Defendant; 4. Cross-Complainant’s costs herein incurred, and for all such other relief as the court deems proper. Dated: December 16, 2020 JACHIMOWICZ LAW GROUP fl? fl? M; [J ' ,fl ,7 i g RWW’ 1‘] [WJM’ JOSHU/gjgx/EACHIMOWICZ ELENO NUNEZ GONZALEZ Attorney for Defendant MELISSA KEY DEFENDANT MELISSA KEY’S CROSS-COMPLAINT 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Phung v. Nguyen, et a1 Santa Clara County Court. Case No. 20CV371 1 51 I declare that: I am employed within the County of Santa Clara, California. I am over the age of eighteen years and not a party to the within cause; my business address is 1530 The Alameda, Suite 115, San Jose, California 95 126. On the date set fofih below, I served the: DEFENDANT MELISSA KEY’S SUMMONS ON CROSS-COMPLAINT; CROSS- COMPLAINT 0n the interested parties in said cause: Heather Gibson, Esq. hgibson@gibsonhealth-law.com LAW OFFICES 0F HEATHER GIBSON. PC 1871 Martin Avenue Santa Clara, CA 95050 (408) 250-3502 - telephone (408) 287-7909 - facsimile Attorney for PlaintiffPHUNG / X/ (BY MAIL) I placed each sealed envelope, with postage thereon fully prepaid for first class mail, for collection and mailing at San Jose, California, following ordinaly business practices. / / (BY PERSONAL SERVICE) I caused each such envelope t0 be delivered by hand to addressee(s) noted above. / / (BY FACSIMILE) I caused the said document to be transmitted by Facsimile machine to the number indicated after the address(es) noted above. / X/ (BY ELECTRONIC MAIL) I caused each such document to be transmitted Via electronic mail (“e-email”) to the e-mail addressee(s) noted above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that the declaration was executed on December 16, 2020 at San Jose, California. {M2 PROOF OF SERVICE