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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) Unlimited Civil, Demand over $25,000
)
13 vs. ) CROSS-COMPLAINT FOR:
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14 Any Defendant, and DOES 1-5 ) 1. DAMAGES PURSUANT TO CIVIL CODE
) SECTIONS 1798.92 THROUGH 1798.97
15 Defendants. )
) 2. NEGLIGENT INFLICTION OF EMOTIONAL
16 ) DISTRESS
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17 Any Cross-Complainant. )
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18 Cross-Complainant, )
)
19 )
vs.
)
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Any Cross-Defendant, and ROES 1-5,
)
21 )
Cross-Defendants.
)
22 )
)
23 )

24 To subscribe to my FREE weekly legal newsletter visit


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CROSS-COMPLAINT FOR DAMAGES
1 address. Remove this notice and all other notices before using this
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document.
4 CROSS-COMPLAINT
5
Cross-Complainant, _________________, for causes of action against Cross-Defendants,
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_____________________________, alleges as follows:
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1. At all relevant times mentioned herein, Cross-Complainant _________________ was,

9 an individual residing in the City of _______, County of __________, State of California.

10 2. At all relevant times mentioned herein, Plaintiff/Cross-Defendant (_____) was, and


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currently is, ______ a corporation organized and existing under the laws of the State of California.
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3. The true names and capacities of Cross-Defendants Roes 1 through 5, inclusive,
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are unknown to Cross-Complainant, who therefore sues said Cross-Defendants and each of them, by
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15 such fictitious names. Cross-Complainant will seek leave of court to amend this Cross-Complaint to

16 insert the true names and capacities of fictitiously named Cross-Defendants when the same have been
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ascertained. Cross-Complainant is informed and believes and based thereon alleges that each Cross-
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Defendant herein designated as a ROE is legally responsible in some manner for the acts,
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occurrences, damages, and liabilities hereinafter alleged, and actively and passively caused and
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21 contributed to the various damages referred to herein.

22 4. Cross-Complainant is informed and believes and based thereon alleges that at all
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times herein mentioned, each Cross-Defendant designated herein is or was the agent, partner,
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employee, co-developer, joint venturer, subcontractor, consultant, and/or supplier of each of the
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remaining Cross-Defendants and was at all times herein mentioned, acting within the course and
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27 scope of said agency and employment.

28 5. On or about ___________ an action entitled ________________with Case Number

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CROSS-COMPLAINT FOR DAMAGES
1 ______________________________was filed in the Superior Court for the County of __________,
2 alleging that Cross-Complainant was liable to Plaintiff for damages arising from the allegations set
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forth in Plaintiffs Complaint. Cross-Complainant incorporates herein by reference, the contents of
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the Complaint, without admitting the allegations contained thereof, the truth of which is expressly
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denied. The Complaint alleges that Plaintiff _____________.

7 6. On or about _________, Cross-Complainant sent written notice to ______ by Certified

8 Mail, Return Receipt Requested, informing that them they were not responsible for any of the alleged
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debt because they were a victim of identity theft which occurred on or about _______. A copy of the
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Police Report which was filed on ___ with __________ by Cross-Complainant was included with
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the written notice. A true and correct copy of said written notice, including the signed Return Receipt
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13 is attached hereto as Exhibit A and incorporated herein by reference. The written notice (Notice)

14 was provided pursuant to California Civil Code 1798.93.


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7. Service of the Notice on Plaintiff/Cross-Defendant by Cross-Complainant created
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a legal duty on the part of Plaintiff/Cross-Defendant to diligently investigate the claim of identity
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theft made by Cross-Complainant.
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19 To purchase the entire document visit:


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21 https://legaldocspro.myshopify.com/products/sample-cross-
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complaint-by-identity-theft-victim-in-california
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CROSS-COMPLAINT FOR DAMAGES

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