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?


Asked on 8/29/10, 4:44 pm

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.

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Answered on 9/03/10, 4:56 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 9/03/10, 5:22 pm


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