Cross Complaint

Cal. Super. - 6th Dist.March 26, 2021

\OOOQQUI-bUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O 21 CV381 337 Santa Clara - Civil Elizabeth A. Skane, Esq. (SBN 187752) Milan C. Foston, Esq. (SBN 333685) SKANE MILLS LLP 33 New Montgomery Street, Suite 1250 San Francisco, CA 94105 Telephone: (4 1 5) 43 1-4 1 50 / Facsimile: (4 1 5) 43 1-4 1 51 eskane@skanemills.com / mfoston@skanemills.com Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/7/2021 7:25 PM Reviewed By: J. Ngo Case #21 CV381337 Envelope: 7217808 Attorneys for Defendant/Cross-Complainant, WESTERN NATIONAL CONTRACTORS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JESUS A. LOPEZ, an individual, Plaintiff, vs. WESTERN NATIONAL CONTRACTORS; JOHN DOE, an individual; and DOES 1 TO 20, inclusive, CASE NO. 21CV381337 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS FOR: 1. Indemnity; 2. Contribution and Apportionment; and 3. Declaratory Relief Judge: Hon. Socrates P. Manoukian Defendants. Dept; 20 Filed: March 26, 2021 WESTERN NATIONAL CONTRACTORS, Cross-Complainant, vs. ROES 1 through 50, inclusive, Cross-Defendants. COMES NOW Cross-Complainant WESTERN NATIONAL CONTRACTORS (hereinafter “Cross-Complainant ”), and alleges as follows: GENERAL ALLEGATIONS 1. Cross-Complainant is informed and believe and based thereon allege that at all times relevant to the subj ect matter of this litigation, Cross-Defendants named herein are, and at all 1 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS J. Ngo ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO times herein mentioned were, either individuals, sole proprietorships, partnerships, registered professionals, corporations or other legal entities which were licensed to do and were doing business in the State of California. 2. Cross-Complainant is informed and believes and thereupon alleges that Cross- Defendants and each of them were at all times relevant residents of the State 0f California, 0r were organized and existing by and under the laws of the State 0f California and were authorized t0 and doing business in the State 0f California. 3. Cross-Complainant is ignorant of the true names and capacities of Cross- Defendants sued herein as ROES 1 through 50 and, therefore, sues these Cross-Defendants by such fictitious names. Cross-Complainant will amend this Cross-Complaint t0 allege their true names and capacities When ascertained. Cross-Complainant is informed and believes and thereupon alleges that each of the fictitiously named Cross-Defendants are responsible in some manner for the occurrences herein alleged, and that Plaintiff” s injuries and damages, as herein alleged, were proximately caused by such Cross-Defendants. 4. Cross-Complainant is informed and believes and thereupon alleges that at all times mentioned herein each 0f the Cross-Defendants was the agent and employee of each 0f the remaining Cross-Defendants, and in doing the things hereinafter alleged, was acting within the scope 0f such agency and With the permission and consent 0f others. FIRST CAUSE OF ACTION (Indemnity) 5. Cross-Complainant refers to paragraphs 1 through 4 and incorporates them herein by reference as though fully set forth. 6. Cross-Complainant denies any liability on its part, but if the allegations 0f Plaintiff are true in any respect and Cross-Complainant is found to have been legally responsible, any legally responsible conduct 0n the part 0f Cross-Complainant was of a secondary and passive nature, while the legally responsible conduct 0f the Cross-Defendants herein was primary and active. Cross-Complainant seeks to be indemnified and held harmless from any liability, and for any and all expenses of litigation, sums paid by way 0f settlement and/or judgment, and all other 2 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO costs incidental to the defense, investigation and handling of this litigation. 7. If Cross-Defendants d0 not defend this action on behalf of Cross-Complainant, or indemnify it, Cross-Complainant will necessarily and reasonably incur attorneys’ fees and other legal costs in its defense, and Cross-Defendants shall be liable therefor. SECOND CAUSE OF ACTION (Contribution and Apportionment) 8. Cross-Complainant refers to paragraphs 1 through 7 and incorporates them herein by reference as though fully set forth. 9. Cross-Complainant denies that it either caused or contributed t0 the injuries and damages alleged by Plaintiff in his Complaint. If, however, it is found that Cross-Complainant was responsible under law for any part 0f the injuries and/or damages suffered by Plaintiff, then Cross-Complainant herein alleges, upon information and belief, that the said injuries and damages were solely and/or substantially caused by the negligence, carelessness, recklessness, and willful and wanton misconduct 0f Cross-Defendants herein, thereby entitling Cross-Complainant t0 have the quantum of legally responsible conduct 0f the Cross-Defendants determined by this Court. 10. Cross-Complainant further alleges that if Plaintiff recovers any judgment against it, the legally responsible conduct of the Cross-Defendants herein exceeded that of Cross- Complainant and Cross-Complainant is, therefore, entitled t0 contribution and apportionment 0f the liability 0f the Cross-Defendants to the extent that the legally responsible conduct of the Cross- Defendants proximately caused and contributed t0 any injuries and/or damages suffered by Plaintiff, so that liability is ultimately assessed among the parties in direct proportion t0 the percentages of fault respectively attributable t0 their conduct. THIRD CAUSE OF ACTION (Declaratory Relief) 11. Cross-Complainant refers to paragraphs 1 through 10 and incorporates them herein by reference as though fully set forth. 12. Cross-Complainant alleges, upon information and belief, that an actual controversy 3 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO has arisen and now exists between Cross-Complainant and Cross-Defendants herein as to whether said Cross-Defendants must contribute, in whole or in part, toward satisfaction of any award 0r judgment obtained by Plaintiff 0n the basis of either total indemnity or an apportionment of respective degrees of legal responsibility. 13. A declaration of rights is necessary and appropriate at this time in order that Cross- Complainant may ascertain its rights and duties. N0 adequate and expeditious remedy other than such declaration exists by which the rights of the parties hereto may be determined. If responsibility 0n the part of Cross-Complainant is determined t0 be a concurrent proximate cause of the damages allegedly sustained by Plaintiff, Cross-Complainant may be burdened With a share 0f the judgment disproportionate t0 its fault, if any, Without recourse. WHEREFORE, Cross-Complainant prays for judgment against Cross-Defendants, and each 0f them, as follows: 1. For such amount, if any, Cross-Complainant is found liable t0 Plaintiff; 2. For equitable contribution against Cross-Defendants in the event that any amounts are found recoverable from Cross-Complainant; 3. For a declaration that the legally responsible conduct 0f Cross-Defendants contributed in some percentage as a proximate cause 0f Plaintiff’s damages, if any; 4. For a declaration 0f the rights and duties between Cross-Complainant and Cross- Defendants in the event Cross-Complainant is held liable to Plaintiff; 5. For a declaration that Cross-Complainant be completely indemnified and held harmless against any loss 0r expenses incurred by reason of the present litigation; 6. For costs of suit incurred herein; /// /// /// /// /// /// 4 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS \OOOQQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O 7. For reasonable attorneys’ fees; and 8. For such other and further relief as the Court may deem just and proper. DATED: September 7, 2021 SKANE MILLS LLP 543Mm ElizabWA. Skane, Esq. Milan C. Foston, Esq. Attorneys for Defendant/Cross-Complainant, WESTERN NATIONAL CONTRACTORS By: 5 CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS Western National Contractors Superior Court 0f the State 0f California FOR COURT USE ONLY County of Santa Clara TITLE 0F CASE (Abbreviated) Jesus Lopez v. Western National Contractors, et al. ATTORNEY(S) NAME AND ADDRESS Elizabeth A. Skane, Esq. Milan C. Foston, Esq. SKANE MILLS LLP 33 New Montgomery Street, Suite 1250 San Francisco, CA 94105 (415) 431-4150/ F (415) 431-4151 eskane@skanemills.com / mfoston@skanemills.com ATTORNEY(S) FOR: HEARING; DATE-TIME-DEPT: CASE NUMBER: 2 1CV3 8 1 3 37 I, the undersigned, declare: DECLARATION 0F SERVICE [C.C.P. §§ 1013A and 2015.5] I am, and was at the time of service 0f the papers herein referred to, over the age 0f 18 years, and not a party to this action. My business address is 33 New Montgomery Street, Suite 1250, San Francisco, CA 94105. I served the following document(s): CROSS-COMPLAINT OF WESTERN NATIONAL CONTRACTORS FOR: INDEMNITY; CONTRIBUTION AND APPORTINMENT AND DECLARATORY RELIEF, on the parties in this action addressed as follows: SEE ATTACHED ATTORNEY SERVICE LIST BY MAIL: Iplaced a true copy in a sealed envelope addressed as indicated in the attached attorney service list, on the date noted below. I am readily familiar with the firm's practice 0f collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that 0n motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. X BY E-MAIL 0r ELECTRONIC TRANSMISSION: Based 0n the agreement 0f the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed below. I did not recaive, within a reasonable period of time, after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY ELECTRONIC FILING/SERVICE: Complying With California Code of Civil Procedure § 1010.6, I caused the above document(s) t0 be electronically filed and served 0n counsel or interested party authorized t0 accept service listed 0n the service list maintained on the File and Serve Express website for this case. The file transmission was reported as complete and a copy 0f the file receipt page will be maintained with the original document(s) in our office. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed 0n September 07, at San Francisco, California. QMM/ RON WILLIAMS Re: Jesus Lopez v. Western National Contractors, et al. Santa Clara Superior Court, Case N0. 21CV38 1 337 Our File No. 174- 1 044 SERVICE LIST Owili K. Eison, Esq. BANAFSHEH, DANESH & JAVID, PC 9701 Wilshire B1Vd., 12th Floor Beverly Hills, CA 90212 Phone: 310-385-8080 | Fax: 310-385-8080 oe@bhattorneys.com Attorney for Plaintiff, Jesus A. Lopez Jessica A. Nudelman, Esq. Law Offices of John Hauser The Hartford PO Box 2282 Brea, CA 92822-2282 Phone: 714-308-2547 | Fax: 877-369-5799 Jessica.Nudelman@thehartford.com Attorneys for Hartford Fire Insurance Company