Legal Question in Civil Litigation in California
Is there a CA form to file for an answer to a cross claim for delcaratory relief, equitable indemnity and total indemnity?
2 Answers from Attorneys
You could probably make the Answer - Contract form work for that, particularly if the cross complaint is not verified, though it would depend really on what the underlying complaint is about.
There is no specific Judicial Council form, but there is a special answer. In addition to a regular answer to a cross-complaint, a cross defendant may file a separate document called a "special answer." This document is used when the cross-complaint asserts a cause of action primarily for indemnification. It allows the cross-defendnat to assert defenses to the original complaint that the defendant (cross-complainant) failed to raise. (Code of Civ. Proc., sect. 428.70.)
The special asnwer has to be filed at the same tme as the answer to the cross-complaint, and must be served both on the cross-complainant and on the person who asserted the cause of action against the cross-complainant. (original plaintiff.)
In that situation, the defenses raised are more important than the form used.