Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
1 THE MARQUART LAW GROUP 5/20/2024 4:04 PM
By: Terri Chavez , Deputy
22342 Avenida Empresa, Suite 250
2 Rancho Santa Margarita, CA 92688
Tel: (949) 589-0150
3 Fax: (949) 589-0160
4 Jeffrey R. Marquart, Esq. (SBN 142663)
Derek J. VanDeviver, Esq. (SBN 227902)
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6 Attorneys for Defendants and Cross-Complainants, COSTCO WHOLESALE CORPORATION,
and RYDER LAST MILE, INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SANTA BARBARA, ANACAPA DIVISION
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12 STATE FARM GENERAL INSURANCE ) CASE NO. 24CV01902
13 COMPANY, )
) Assigned for all purposes to the:
14 Plaintiff, ) Honorable Thomas P. Anderle
) Department 3
15 v. )
) RYDER LAST MILE, INC.’S
16 COSTCO WHOLESALE CORPORATION, a ) CROSS-COMPLAINT FOR
IMPLIED INDEMNITY,
17 Washington corporation; RYDER LAST MILE, )
INC., a California corporation; NAVR ) CONTRIBUTION, INDEMITY
18 TRANSPORTATION, a California limited liability ) AND DECLARATORY RELIEF
company; and DOES 1 – 20, Inclusive, )
19 ) Complaint filed: April 4, 2024
Defendants. ) Trial Date: Not Yet Assigned
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)
21 RYDER LAST MILE, INC. )
)
22 Cross-Complainant, )
)
23 v. )
)
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NAVR TRANSPORTATION LLC, and ROES 1 )
25 through 50, inclusive )
)
26 Cross-Defendants. )
)
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28 / /
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 COMES NOW Cross-Complainant, RYDER LAST MILE, INC., hereby cross-complains
2 and alleges as follows:
3 1. Cross-Complainant, RYDER LAST MILE, INC., is and at all times herein
4 mentioned was a corporation authorized to do, and doing business in the State of California.
5 2. The true names and capacities, whether individual, corporate, associate, or otherwise,
6 of Cross-Defendant, ROES 1 through 50, inclusive, are unknown to Cross-Complainant, who
7 therefore sues said Cross-Defendants by such fictitious names. Cross-Complainant will ask leave of
8 court to amend this Cross-Complaint to show their true names and capacities when the same have
9 been ascertained. Cross-Complainant is informed and believes and thereon alleges that each of the
10 Cross-Defendants designated herein as ROES 1 through 50, inclusive, is in some way negligent or
11 otherwise responsible in some manner for the events and happenings referred to herein and
12 negligently, intentionally, or otherwise caused injury and damage proximately thereby to Cross-
13 Complainant as herein alleged.
14 3. Cross-Complainant is in informed and believes and thereon alleges that at all times
15 herein mentioned the Cross-Defendants, including the fictitiously named Cross-Defendants, and
16 each of them were the agent, servant and/or employee of each of the other Cross-Defendants and
17 were at all times acting within the purpose and scope of said agency and/or employment with the
18 full knowledge and consent of each of the other Cross-Defendants.
19 4. Cross-Complainant is informed and believes and upon such information and belief
20 alleges that each of the Cross-Defendants designated as ROES herein is negligently, carelessly, and
21 by law responsible in some manner for the events and happenings herein referred to and that said
22 Cross-Defendants caused the damages proximately thereby to Cross-Complainant as herein alleged
23 through their conduct, through the conduct of their agents, servants, or employees, or in some other
24 manner having liability imposed upon them.
25 FIRST CAUSE OF ACTION FOR IMPLIED INDEMNITY
26 5. Cross-Complainant hereby incorporate paragraphs 1 through 4 hereinabove as
27 though set forth at length.
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 6. Plaintiff, STATE FARM GENERAL INSURANCE COMPANY, has commenced
2 an action against this Cross-Complainant, and others, alleging damages as a result of, among other
3 things, negligence on the part of Cross-Complainant. That action was commenced in the Superior
4 Court of the State of California, County of Santa Barbara, and assigned case number 24CV01902.
5 For purposes of this Cross-Complaint only, and without admitting the truth of the allegation
6 contained therein, Cross-Complainant incorporates herein by reference each and every allegation
7 contained in Plaintiff’s complaint.
8 7. Cross-Complainant has answered Plaintiff’s complaint on file herein and has denied
9 each and every allegation contained herein.
10 8. Cross-Complainant denies that the damages claimed by Plaintiff, if any, were
11 proximately caused and/or contributed to by any acts or omission to act on the part of Cross-
12 Complainant and further denies that the damages sustained by Plaintiff, if any, were a direct and
13 proximate result of the negligence and carelessness of the Cross-Defendants and each of them.
14 9. The proportionate share of negligence attributable to the Cross-Complainant, if any,
15 and the proportionate share of negligence attributable to the Cross-Defendants, and each of them,
16 must be evaluated with respect to the total combined negligence of all parties whose negligence
17 proximately contributed to the damages complained of in Plaintiff’s complaint on file herein.
18 10. Cross-Complainant seeks indemnity, contribution and declaratory relief against
19 Cross-Defendants, and each of them, for any and all amount Cross-Complainant becomes required
20 to expend in defense and indemnity. Cross-Complainant denies that it was negligent and that it is
21 liable under any theory found in Plaintiff’s complaint or under any theory whatsoever for the
22 damages allegedly suffered by Plaintiff.
23 11. If Cross-Complainant is held liable, which liability is specifically denied,
24 Cross-Complainant’s liability would be passive, imputed, or secondary, while Cross-Defendants,
25 and each of them, would be actively and primarily liable for damages attributable to their negligent
26 acts or omissions.
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 12. If Cross-Complainant is found liable for damages sustained to Plaintiff herein, as
2 alleged in the complaint on file herein, Cross-Complainant will be entitled to be indemnified by
3 Cross-Defendants, and each of them, for amounts paid in satisfaction of judgment or settlement
4 based on the proportionate share of negligence attributable to all of the parties whose negligence
5 proximately contributed to the damages alleged in Plaintiff's complaint herein and for all costs and
6 expenses in defending this action, including attorney's fees and investigation expenses in connection
7 therewith. Said damages are as of yet unascertained and Cross-Complainant will ask leave of the
8 court to amend this Cross-Complaint to set forth the true amount of said damages when same have
9 been ascertained.
10 SECOND CAUSE OF ACTION FOR CONTRIBUTION AND INDEMNITY
11 13. Cross-Complainant refers to and incorporates by this reference all of the allegations
12 contained in paragraphs 1 through 12 hereinabove as though set forth in full.
13 14. Cross-Complainant is informed and believes, and thereon alleges, that any damage
14 incurred by Plaintiff arose as a result of the negligent, reckless, and/or intentional conduct of the
15 Cross-Defendants, and each of them.
16 15. Cross-Complainant is informed and believes, and thereon alleges, that as a result of
17 the foregoing, Cross-Complainant is entitled to a judgment against Cross-Defendants, and each of
18 them, to the full extent said Cross-Defendants are found to be responsible for causing the damages
19 alleged by Plaintiff.
20 16. Furthermore, upon such findings, basis, and grounds, Cross-Complainant is, and will
21 be entitled to total, full, and complete indemnification and complete contributions from said Cross-
22 Defendants, and each of them
23 17. Cross-Complainant hereby requests that this court determine the extent of
24 responsibility between Cross-Complainant and Cross-Defendants for any such damages of Plaintiff
25 and that Cross-Defendants be ordered to reimburse Cross-Complainant on the basis of its
26 proportionate responsibility for said injuries and damages to Plaintiff.
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 18. An actual controversy exists between Cross-Complainant and Cross-Defendants,
2 with respect to the obligation of Cross-Defendants to bear any responsibility with respect to the
3 alleged damages of Plaintiff. It is therefore requested that the court determine the rights, duties, and
4 obligations of said Cross-Defendants to Cross-Complainant with respect to any such proportionate
5 liability.
6 THIRD CAUSE OF ACTION FOR DECLARATORY RELIEF
7 19. Cross-Complainants refer to and incorporate by this reference all of the
8 allegations contained in paragraphs 1 through 18 hereinabove as though set forth at length.
9 20. In the event that Plaintiff is successful in obtaining a judgment against Cross-
10 Complainant, or in the event that Cross-Complainant settles with Plaintiffs, Cross-Complainants
11 allege that any damages suffered by Plaintiff were contributed to by the negligent, reckless, and/or
12 intentional conduct of Cross-Defendants, and that said Cross-Defendants did so proximately cause
13 the alleged damages which Plaintiff claim to have suffered.
14 21. An actual controversy exists between Cross-Complainants and Cross-Defendants,
15 and each of them, as follows:
16 (a). Cross-Complainant contends that between themselves and Cross-Defendants,
17 responsibility for the damages claimed by Plaintiffs rest primarily and
18 ultimately upon said Cross-Defendants because of their acts of negligence,
19 while Cross-Complainant’s liability, if any, would be imputed, constructive,
20 or secondary and would not be the result of any active negligence on the part
21 of Cross-Complainant. In the alternative, Cross-Complainant contends that
22 the damages, if any, suffered by Plaintiff were contributed to by the
23 negligence of said Cross-Defendants, and that said Cross-Defendants did
24 proximately cause the alleged damages which Plaintiff claims.
25 (b). Cross-Defendants, and each of them, contend that between Cross-
26 Complainant’s and Cross-Defendants' responsibility, if any, for the damages
27 alleged by Plaintiff, rests primarily and ultimately upon Cross-Complainant
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 and only secondarily upon Cross-Defendants. In the alternative, Cross-
2 Defendants, and each of them, contend that the alleged damages sustained by
3 Plaintiff were contributed to by the acts and omissions of Cross-Complaint.
4 22. Cross-Complainant desires a judicial determination of its rights, duties, and
5 obligations with respect to the claims of Cross-Defendants.
6 23. Such a determination is necessary and proper at this time in order that Cross-
7 Complainant may ascertain its rights and duties with respect to the claims of Cross-Defendants, and
8 each of them.
9 WHEREFORE, Cross-Complainant prays judgment as follows:
10 1. On Cross-Complainant’s First Cause of Action herein:
11 a. For judgment against Cross-Defendants for their proportionate share of any
12 liability to Cross-Complainant;
13 b. That the court declare and determine the rights, duties, and obligations of the
14 Cross-Defendants, with respect to the right of indemnity claimed by Cross-
15 Complainant herein;
16 2. On Cross-Complainant’s Second Cause of Action herein:
17 a. For judgment against the Cross-Defendants for their proportionate share of
18 any liability to Cross-Complainant;
19 b. That the court declare and determine the rights, duties, and obligations of the
20 Cross-Defendants, with respect to the right of indemnity claimed by Cross-
21 Complainant herein;
22 3. On Cross-Complainant’s Third Cause of Action herein:
23 a. For a judicial determination of the rights and duties of Cross-Complainant
24 and Cross-Defendants herein;
25 / /
26 / /
27 / /
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 4. On all causes of action:
2 a. For costs of suit herein incurred;
3 b. For reasonable attorneys’ fees incurred; and
4 c. For such other and further relief as to the court may deem just and proper.
5
6 DATED: May 20, 2024 THE MARQUART LAW GROUP
7
8 By:
9 JEFFREY R. MARQUART
DEREK J. VANDEVIVER
10 Attorneys for Defendants
and Cross-Complainants,
11 COSTCO WHOLESALE
CORPORATION, and RYDER
12 LAST MILE, INC.
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 PROOF OF SERVICE
2 I declare that I am over the age of eighteen (18) and not a party to this action. My business
address is 22342 Avenida Empresa, Suite 250, Rancho Santa Margarita, CA 92688
3
4 On May 20, 2024 I caused a true and correct copy of the foregoing document described as,
RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY,
5 CONTRIBUTION, INDEMITY AND DECLARATORY RELIEF: to be served on the
interested parties in this action, as follows:
6
7
SEE ATTACHED SERVICE LIST
8
9 • BY MAIL: I am readily familiar with the business' practice for collection and processing of
correspondence for mailing with the United States Postal Service. I know that the
correspondence was deposited with the United States Postal Service on the same day this
10 declaration was executed in the ordinary course of business. I know that the envelope was
11 sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date
in the United States mail at Rancho Santa Margarita, California.
12
13 • BY PERSONAL SERVICE: I caused the above referenced document(s) to be hand
delivered to the above-named person(s).
14
15
• BY FAX TRANSMISSION (C.C.P. § 1013(e); C.R.C. 2.306: The document listed above
was transmitted from fax number (310) 914-5401 to a fax machine maintained by the person
on whom the document is served at the fax telephone number set forth on the attached
16 Service List, on this date before 5:00 p.m., and a record of the transmission caused to be
printed showing the date and time of the transmission, and that the transmission was
17 reported as complete and without error.
18
BY ELECTRONIC MAIL: (C.C.P. § 1010.6; C.R.C. 2.251(a)(1)): I caused the
19 documents to be sent to the electronic notification addresses listed on the attached Service
List. I did not receive, within a reasonable time after the transmission, any electronic
20 message or other indication that the transmission was unsuccessful. My electronic
notification address is ASalazar@MarquartLawGroup.com.
21
Executed on May 20, 2024 at Rancho Santa Margarita, California.
22
23 (STATE) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct. (C.C.P. § 2015.5)
24
25
26 _____ ___________
Alexis Salazar, Declarant
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
1 SERVICE LIST
2 Dominic J. Fiore, Esq. Attorneys for Plaintiff,
Brian S. Letofsky, Esq. State Farm General Insurance Company
3
Watkins & Letofsky, LLP
4 2900 S Harbor Boulevard, Suite 240
Santa Ana, CA 92704
5 Tel: (949) 476-9400 | Fax: (949) 476-9407
Dfiore@wl-llp.com
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RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION,
INDEMNITY AND DECLARATORY RELIEF
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Darrel E. Parker, Executive Officer 1 THE MARQUART LAW GROUP 5/20/2024 4:04 PM By: Terri Chavez , Deputy 22342 Avenida Empresa, Suite 250 2 Rancho Santa Margarita, CA 92688 Tel: (949) 589-0150 3 Fax: (949) 589-0160 4 Jeffrey R. Marquart, Esq. (SBN 142663) Derek J. VanDeviver, Esq. (SBN 227902) 5 6 Attorneys for Defendants and Cross-Complainants, COSTCO WHOLESALE CORPORATION, and RYDER LAST MILE, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SANTA BARBARA, ANACAPA DIVISION 10 11 12 STATE FARM GENERAL INSURANCE ) CASE NO. 24CV01902 13 COMPANY, ) ) Assigned for all purposes to the: 14 Plaintiff, ) Honorable Thomas P. Anderle ) Department 3 15 v. ) ) RYDER LAST MILE, INC.’S 16 COSTCO WHOLESALE CORPORATION, a ) CROSS-COMPLAINT FOR IMPLIED INDEMNITY, 17 Washington corporation; RYDER LAST MILE, ) INC., a California corporation; NAVR ) CONTRIBUTION, INDEMITY 18 TRANSPORTATION, a California limited liability ) AND DECLARATORY RELIEF company; and DOES 1 – 20, Inclusive, ) 19 ) Complaint filed: April 4, 2024 Defendants. ) Trial Date: Not Yet Assigned 20 ) 21 RYDER LAST MILE, INC. ) ) 22 Cross-Complainant, ) ) 23 v. ) ) 24 NAVR TRANSPORTATION LLC, and ROES 1 ) 25 through 50, inclusive ) ) 26 Cross-Defendants. ) ) 27 28 / / -1- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 COMES NOW Cross-Complainant, RYDER LAST MILE, INC., hereby cross-complains 2 and alleges as follows: 3 1. Cross-Complainant, RYDER LAST MILE, INC., is and at all times herein 4 mentioned was a corporation authorized to do, and doing business in the State of California. 5 2. The true names and capacities, whether individual, corporate, associate, or otherwise, 6 of Cross-Defendant, ROES 1 through 50, inclusive, are unknown to Cross-Complainant, who 7 therefore sues said Cross-Defendants by such fictitious names. Cross-Complainant will ask leave of 8 court to amend this Cross-Complaint to show their true names and capacities when the same have 9 been ascertained. Cross-Complainant is informed and believes and thereon alleges that each of the 10 Cross-Defendants designated herein as ROES 1 through 50, inclusive, is in some way negligent or 11 otherwise responsible in some manner for the events and happenings referred to herein and 12 negligently, intentionally, or otherwise caused injury and damage proximately thereby to Cross- 13 Complainant as herein alleged. 14 3. Cross-Complainant is in informed and believes and thereon alleges that at all times 15 herein mentioned the Cross-Defendants, including the fictitiously named Cross-Defendants, and 16 each of them were the agent, servant and/or employee of each of the other Cross-Defendants and 17 were at all times acting within the purpose and scope of said agency and/or employment with the 18 full knowledge and consent of each of the other Cross-Defendants. 19 4. Cross-Complainant is informed and believes and upon such information and belief 20 alleges that each of the Cross-Defendants designated as ROES herein is negligently, carelessly, and 21 by law responsible in some manner for the events and happenings herein referred to and that said 22 Cross-Defendants caused the damages proximately thereby to Cross-Complainant as herein alleged 23 through their conduct, through the conduct of their agents, servants, or employees, or in some other 24 manner having liability imposed upon them. 25 FIRST CAUSE OF ACTION FOR IMPLIED INDEMNITY 26 5. Cross-Complainant hereby incorporate paragraphs 1 through 4 hereinabove as 27 though set forth at length. 28 -2- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 6. Plaintiff, STATE FARM GENERAL INSURANCE COMPANY, has commenced 2 an action against this Cross-Complainant, and others, alleging damages as a result of, among other 3 things, negligence on the part of Cross-Complainant. That action was commenced in the Superior 4 Court of the State of California, County of Santa Barbara, and assigned case number 24CV01902. 5 For purposes of this Cross-Complaint only, and without admitting the truth of the allegation 6 contained therein, Cross-Complainant incorporates herein by reference each and every allegation 7 contained in Plaintiff’s complaint. 8 7. Cross-Complainant has answered Plaintiff’s complaint on file herein and has denied 9 each and every allegation contained herein. 10 8. Cross-Complainant denies that the damages claimed by Plaintiff, if any, were 11 proximately caused and/or contributed to by any acts or omission to act on the part of Cross- 12 Complainant and further denies that the damages sustained by Plaintiff, if any, were a direct and 13 proximate result of the negligence and carelessness of the Cross-Defendants and each of them. 14 9. The proportionate share of negligence attributable to the Cross-Complainant, if any, 15 and the proportionate share of negligence attributable to the Cross-Defendants, and each of them, 16 must be evaluated with respect to the total combined negligence of all parties whose negligence 17 proximately contributed to the damages complained of in Plaintiff’s complaint on file herein. 18 10. Cross-Complainant seeks indemnity, contribution and declaratory relief against 19 Cross-Defendants, and each of them, for any and all amount Cross-Complainant becomes required 20 to expend in defense and indemnity. Cross-Complainant denies that it was negligent and that it is 21 liable under any theory found in Plaintiff’s complaint or under any theory whatsoever for the 22 damages allegedly suffered by Plaintiff. 23 11. If Cross-Complainant is held liable, which liability is specifically denied, 24 Cross-Complainant’s liability would be passive, imputed, or secondary, while Cross-Defendants, 25 and each of them, would be actively and primarily liable for damages attributable to their negligent 26 acts or omissions. 27 28 -3- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 12. If Cross-Complainant is found liable for damages sustained to Plaintiff herein, as 2 alleged in the complaint on file herein, Cross-Complainant will be entitled to be indemnified by 3 Cross-Defendants, and each of them, for amounts paid in satisfaction of judgment or settlement 4 based on the proportionate share of negligence attributable to all of the parties whose negligence 5 proximately contributed to the damages alleged in Plaintiff's complaint herein and for all costs and 6 expenses in defending this action, including attorney's fees and investigation expenses in connection 7 therewith. Said damages are as of yet unascertained and Cross-Complainant will ask leave of the 8 court to amend this Cross-Complaint to set forth the true amount of said damages when same have 9 been ascertained. 10 SECOND CAUSE OF ACTION FOR CONTRIBUTION AND INDEMNITY 11 13. Cross-Complainant refers to and incorporates by this reference all of the allegations 12 contained in paragraphs 1 through 12 hereinabove as though set forth in full. 13 14. Cross-Complainant is informed and believes, and thereon alleges, that any damage 14 incurred by Plaintiff arose as a result of the negligent, reckless, and/or intentional conduct of the 15 Cross-Defendants, and each of them. 16 15. Cross-Complainant is informed and believes, and thereon alleges, that as a result of 17 the foregoing, Cross-Complainant is entitled to a judgment against Cross-Defendants, and each of 18 them, to the full extent said Cross-Defendants are found to be responsible for causing the damages 19 alleged by Plaintiff. 20 16. Furthermore, upon such findings, basis, and grounds, Cross-Complainant is, and will 21 be entitled to total, full, and complete indemnification and complete contributions from said Cross- 22 Defendants, and each of them 23 17. Cross-Complainant hereby requests that this court determine the extent of 24 responsibility between Cross-Complainant and Cross-Defendants for any such damages of Plaintiff 25 and that Cross-Defendants be ordered to reimburse Cross-Complainant on the basis of its 26 proportionate responsibility for said injuries and damages to Plaintiff. 27 28 -4- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 18. An actual controversy exists between Cross-Complainant and Cross-Defendants, 2 with respect to the obligation of Cross-Defendants to bear any responsibility with respect to the 3 alleged damages of Plaintiff. It is therefore requested that the court determine the rights, duties, and 4 obligations of said Cross-Defendants to Cross-Complainant with respect to any such proportionate 5 liability. 6 THIRD CAUSE OF ACTION FOR DECLARATORY RELIEF 7 19. Cross-Complainants refer to and incorporate by this reference all of the 8 allegations contained in paragraphs 1 through 18 hereinabove as though set forth at length. 9 20. In the event that Plaintiff is successful in obtaining a judgment against Cross- 10 Complainant, or in the event that Cross-Complainant settles with Plaintiffs, Cross-Complainants 11 allege that any damages suffered by Plaintiff were contributed to by the negligent, reckless, and/or 12 intentional conduct of Cross-Defendants, and that said Cross-Defendants did so proximately cause 13 the alleged damages which Plaintiff claim to have suffered. 14 21. An actual controversy exists between Cross-Complainants and Cross-Defendants, 15 and each of them, as follows: 16 (a). Cross-Complainant contends that between themselves and Cross-Defendants, 17 responsibility for the damages claimed by Plaintiffs rest primarily and 18 ultimately upon said Cross-Defendants because of their acts of negligence, 19 while Cross-Complainant’s liability, if any, would be imputed, constructive, 20 or secondary and would not be the result of any active negligence on the part 21 of Cross-Complainant. In the alternative, Cross-Complainant contends that 22 the damages, if any, suffered by Plaintiff were contributed to by the 23 negligence of said Cross-Defendants, and that said Cross-Defendants did 24 proximately cause the alleged damages which Plaintiff claims. 25 (b). Cross-Defendants, and each of them, contend that between Cross- 26 Complainant’s and Cross-Defendants' responsibility, if any, for the damages 27 alleged by Plaintiff, rests primarily and ultimately upon Cross-Complainant 28 -5- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 and only secondarily upon Cross-Defendants. In the alternative, Cross- 2 Defendants, and each of them, contend that the alleged damages sustained by 3 Plaintiff were contributed to by the acts and omissions of Cross-Complaint. 4 22. Cross-Complainant desires a judicial determination of its rights, duties, and 5 obligations with respect to the claims of Cross-Defendants. 6 23. Such a determination is necessary and proper at this time in order that Cross- 7 Complainant may ascertain its rights and duties with respect to the claims of Cross-Defendants, and 8 each of them. 9 WHEREFORE, Cross-Complainant prays judgment as follows: 10 1. On Cross-Complainant’s First Cause of Action herein: 11 a. For judgment against Cross-Defendants for their proportionate share of any 12 liability to Cross-Complainant; 13 b. That the court declare and determine the rights, duties, and obligations of the 14 Cross-Defendants, with respect to the right of indemnity claimed by Cross- 15 Complainant herein; 16 2. On Cross-Complainant’s Second Cause of Action herein: 17 a. For judgment against the Cross-Defendants for their proportionate share of 18 any liability to Cross-Complainant; 19 b. That the court declare and determine the rights, duties, and obligations of the 20 Cross-Defendants, with respect to the right of indemnity claimed by Cross- 21 Complainant herein; 22 3. On Cross-Complainant’s Third Cause of Action herein: 23 a. For a judicial determination of the rights and duties of Cross-Complainant 24 and Cross-Defendants herein; 25 / / 26 / / 27 / / 28 -6- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 4. On all causes of action: 2 a. For costs of suit herein incurred; 3 b. For reasonable attorneys’ fees incurred; and 4 c. For such other and further relief as to the court may deem just and proper. 5 6 DATED: May 20, 2024 THE MARQUART LAW GROUP 7 8 By: 9 JEFFREY R. MARQUART DEREK J. VANDEVIVER 10 Attorneys for Defendants and Cross-Complainants, 11 COSTCO WHOLESALE CORPORATION, and RYDER 12 LAST MILE, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 PROOF OF SERVICE 2 I declare that I am over the age of eighteen (18) and not a party to this action. My business address is 22342 Avenida Empresa, Suite 250, Rancho Santa Margarita, CA 92688 3 4 On May 20, 2024 I caused a true and correct copy of the foregoing document described as, RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, 5 CONTRIBUTION, INDEMITY AND DECLARATORY RELIEF: to be served on the interested parties in this action, as follows: 6 7 SEE ATTACHED SERVICE LIST 8 9 • BY MAIL: I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this 10 declaration was executed in the ordinary course of business. I know that the envelope was 11 sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date in the United States mail at Rancho Santa Margarita, California. 12 13 • BY PERSONAL SERVICE: I caused the above referenced document(s) to be hand delivered to the above-named person(s). 14 15 • BY FAX TRANSMISSION (C.C.P. § 1013(e); C.R.C. 2.306: The document listed above was transmitted from fax number (310) 914-5401 to a fax machine maintained by the person on whom the document is served at the fax telephone number set forth on the attached 16 Service List, on this date before 5:00 p.m., and a record of the transmission caused to be printed showing the date and time of the transmission, and that the transmission was 17 reported as complete and without error. 18 BY ELECTRONIC MAIL: (C.C.P. § 1010.6; C.R.C. 2.251(a)(1)): I caused the 19 documents to be sent to the electronic notification addresses listed on the attached Service List. I did not receive, within a reasonable time after the transmission, any electronic 20 message or other indication that the transmission was unsuccessful. My electronic notification address is ASalazar@MarquartLawGroup.com. 21 Executed on May 20, 2024 at Rancho Santa Margarita, California. 22 23 (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (C.C.P. § 2015.5) 24 25 26 _____ ___________ Alexis Salazar, Declarant 27 28 -8- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF 1 SERVICE LIST 2 Dominic J. Fiore, Esq. Attorneys for Plaintiff, Brian S. Letofsky, Esq. State Farm General Insurance Company 3 Watkins & Letofsky, LLP 4 2900 S Harbor Boulevard, Suite 240 Santa Ana, CA 92704 5 Tel: (949) 476-9400 | Fax: (949) 476-9407 Dfiore@wl-llp.com 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- RYDER LAST MILE, INC.’S CROSS-COMPLAINT FOR IMPLIED INDEMNITY, CONTRIBUTION, INDEMNITY AND DECLARATORY RELIEF