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San Francisco Superior Courts
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Document Scanning Lead Sheet
Aug-17-2007 1:08 pm
Case Number: CGC-07-464398
Filing Date: Aug-13-2007 1:07
Juke Box: 001 Image: 01859348
CROSS COMPLAINT
LILY CHAN VS. JUN XIANG LIN et al
001001859348
Instructions:
Please place this sheet on top of the document to be scanned.
=
SU AONS ow cross-comPLAINT SUM-100
(CITACION JUDICIAL) FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
NOTICE TO DEFENDANT: CROSS-DEFENDANTS
g(A VISO AL DEMANDADO): |
OES 1 through 25, inclusive
YOU ARE BEING SUED BY:PLAINRIFE: }CROSS-COMPLAINANTS
(LO ESTA DEMANDANDO EL DEMANDANTE):
JUN XIANG LIN, individually and dba LIN'S BUILDER
a
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have
on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the
copy served
court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more
information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse
nearest you. if you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may
lose the case by default, and your wages, money, and property may be taken without further warning from the court. to callan
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want
attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services
program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California
Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito
en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por
usted
escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que
pueda usar para su respuesta. Puede encontrar est tos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de
California (www.courtinfo.ca.gov/selfhelp/espanol), en Ia biblioteca de leyes de su condado o en Ia corte que le quede més cerca. Sino
puede pagar la cuota de presentaci6n, pida al secretario de la corte que le dé un formulario de exenci ién de pago de cuotas. Sino presenta
‘su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrd quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un
servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios de
legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web
California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California,
(www.courtinfo.ca.gov/selfhelp/espanol) 0 poniéndose en contacto con la corte o ef colegio de abogados locales.
The name and address of the court is: CASE NUMBER:
(Nimerodel Caso): CGCO7- 464398
(El nombre y direccién de la corte es):
San Francisco County Superior Court
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
Kelly M. Lynch, Esq. State Bar #190405 415-248-3930 415-248-3933
bye.
Hardiman & Carrol
450 Sansome Street, Suite 700
San Francisco, CA 94111 2, 2
DATE: Way ala Bu
Clerk, by , Deputy
(Fecha) AUG 13 2007 (Secretario)
5 (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-070).)
(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
(SEAL) COURT g 4 C4 as an individual defendant.
ves as the person sued under the fictitious name of (specify):
2,
fe
[Xs ey ‘on behalf of (specify):
xn under: [| CCP 416.10 (corporation) “| CCP 416.60 (minor)
ct {__} CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CE CCP 416.40 (association or partnership) {Li CCP 416.90 (authorized person)
* SA we {"~] other (specify):
| by personal delivery on (date): Page tof 1
Form Adopted for Mandatory Use Code of Civil Procedure §§ 412.20, 465
Judicial Council of California SUMMONS
SUM-100 [Rev. January1, 2004]
~~
PROOF OF SERVICE
Re CHAN v. JUN XIANG LIN
San Francisco County Superior Court Case No. CGC07-464398
I am a citizen of the United States and employed in the City
and County of San Francisco. I am over the age of 18 years and
not a party to the within entitled My business address action.
is c/o HARDIMAN & CARROLL, 450 Sansome Street, Suite 700, San
Francisco, California 94111. I am readily familiar with HARDIMAN
& CARROLL's practices for collection and processing of
correspondence for mailing with the United States Postal Service.
On August 10, 2007, I caused to be served the following
documents:
SUMMONS ON CROSS-COMPLAINT
10
MAIL: by placing a true copy thereof enclosed in a sealed
11
envelope with first class postage thereon fully prepaid in
12 the United States Post Office at San Francisco, California,
addressed as set forth below.
13
PERSONAL DELIVERY: by causing to be hand delivered, a true
14 copy thereof to the person at the address below.
15 FEDERAL EXPRESS: by placing a true copy thereof enclosed in
a sealed Federal Express envelope with postage fully prepaid
16 at a facility regularly maintained by Federal Express,
addressed as set forth below.
17
FACSIMILE: by causing a true copy thereof to be telecopied
18 to the party at the facsimile number as set forth below.
19
Attorneys for Plaintiff Lily Chan
20 Thomas Eastridge, Esq.
Amanda Clark, Esq.
21 LAW OFFICES OF THOMAS EASTRIDGE
One Kaiser Plaza, Suite 601
22 Oakland, CA 94612
Tel: (510) 287-9651
23 Fax: (510) 835-0979
24 I declare under penalty of perjury that the foregoing is
true and correct.
25
26 Executed on August 10, 2007, at San Francisco, California.
27 .
28
Chilly Kada
Kada
1
PROOF OF SERVICE
KELLY M. LYNCH,
HARDIMAN & CARROLL
STATE BAR NO. 190405
LY
ED or Court
San Fran cisco County Superi
450 Sansome Street, Suite 700
San Francisco, California 94111 AUG 1 8 2007
Tel (415) 248-3930
Fax (415) 248-3933 GORDON PARK-LI, Clerk
BY.
Deputy
Attorney for Defendants
JUN XIANG LIN, individually and dba LIN'S BUILDER
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
11 LILY CHAN, CASE NO. CGC07-464398
Unlimited Jurisdiction
12 Plaintiff,
CROSS-COMPLAINT FOR INDEMNITY
13 Vv AND CONTRIBUTION
14 JUN XIANG LIN, individually
and doing business as LIN'S
15 BUILDER, and DOES 1 to 20,
inclusive,
16
Defendants.
17
JUN XIANG LIN, individually
18 and dba LIN'S BUILDER,
19 Cross-Complainants,
20 Vv
21 ROBES 1 through 25, inclusive,
22 Cross-Defendants.
2na
22g
Zaz 23
RUB
5 24 COMES NOW defendants and cross-complainants JUN XIANG LIN
Bo
3a
aa 25 individually and dba LIN'S BUILDER (“Cross-Complainants”), and
so
ne
Bga cross-defendants, and each of them, as follows:
DAG 26 complain of
27 ///
28 ///
1
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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GENERAL ALLEGATIONS
[Against All Cross-Defendants]
1 At all relevant times mentioned, Cross-Complainants
were and are a business entity authorized to do business and
doing business in the State of California, County of San
Francisco.
2. Cross-Complainants are informed and believe, and
thereon allege, that each of the cross-defendants and the
fictitiously named cross-defendants were duly organized and
10 existing California corporations, partnerships, proprietorships,
11 and/or other business entities authorized to do business and
12 doing business in the State of California. Cross-Complainants
13 are further informed and believe, and thereon allege, that each
14 of the aforementioned cross-defendants were the developers,
15 owners, agents for owners, designers, inspectors,
16 subcontractors, engineers, manufacturers and/or suppliers
17 responsible for designing, constructing, installing,
18 manufacturing and/or providing services or materials and/or
19 property managers for the subject property, located at 1007
20 Washington Street in Daly City, California, and more
21 specifically, identified in plaintiff’s Complaint incorporated
22 by reference herein and hereinafter referenced as (“The
23 Project”).
24 3 Cross-Complainants do not know the true names or
25 capacities of cross-defendants sued herein as Roes 1 through 25,
26 inclusive, and will amend this cross-complaint to insert their
27 true names and capacities when ascertained. Cross-Complainants
28 are informed and believe, and thereon allege, that each of said
2
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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.xc. frm
fictitiously named cross-defendants was negligent, careless,
strictly liable, breached warranties, or were otherwise legally
responsible for the happening of the events complained of in the
plaintiff’s Complaint filed herein and any resulting injuries.
4 Cross-Complainants are informed and believe, and
thereon allege, that at all times herein mentioned, cross-—
defendants, and each of them, were corporations, partners, joint
venturers, principals, agents, servants, employees and/or
successors-in-interest of some, or all, of the other cross-
10 defendants herein and were at all time relevant hereto, acting
11 within the course and scope of said corporation, partnership,
12 joint venture, agency, employment or other aforesaid
13 relationship. Cross-Complainants are further informed and
14 believe that the wrongful acts of cross-defendants, and each of
15 them, as hereinafter alleged, were ratified and authorized by
16 their respective corporation, partners, joint venturers,
17 principals, employers and predecessor-in-interest.
18 5 Cross-Complainants are informed and believe, and
19 thereon allege, that at all time herein mentioned, Roes 1
20 through 5 were the owners and developers of the Project.
21 6. Cross-Complainants are informed and believes, and
22 thereon alleges, that at all time herein mentioned, Roes 6
23 through 10 were the designers (architects, engineers, surveyors
24 and others) of the Project.
7 and believe, and
25 Cross-Complainants are informed
26 thereon allege, that at all time herein mentioned, Roes 11
27 through 15 were the contractors and subcontractors with
28 responsibility to construct the Project.
3
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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xc. frm
8 Cross-Complainants are informed and believe, and
thereon allege, that at all time herein mentioned Roes 16
through 20 supplied materials used in the construction of the
Project
9 Cross-Complainants are informed and believe, and
thereon allege, that at all time herein mentioned Roes 21
through 25 caused or contributed to the damages, if any, of
which Plaintiff complains, entitling Cross-Complainants to
indemnity.
10 10. Plaintiff filed her Complaint against the above-named
11 Defendants. Thereafter, Cross-Complainants filed their Cross-
12 Complaint against other Cross-Defendants. Said Complaint,
13 Cross-Complaint and any future amended complaints filed in this
14 action are incorporated herein by reference as though fully set
15 forth herein, said incorporation by reference being solely for
16 the purpose of identification. Cross-Complainants do not admit
17 the truth of any allegations contained in any of the Complaint
18 or Cross-Complaints in this action. The reference Cross-
19 Complaint sets forth various causes of action against Cross-
20 Complainants and other parties, including, but not limited to,
21 damages arising from breach of contract, breach of express and
22 implied warranties, comparative and equitable indemnity and
23 declaratory relief.
24 FIRST CAUSE OF ACTION
25 [Total Equitable Indemnity]
26 Against All Cross-Defendants
27 11. Cross-Complainants hereby reallege and incorporate by
28 reference each, every, and all allegations of Paragraphs 1
4
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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frm
through 10, inclusive, of this Cross-Complaint as though fully
set forth herein.
12. Cross-Complainants are informed and believe, and on
that basis allege, that at all times herein mentioned, the
aforementioned cross-defendants, and each of them, were
negligent in and about the matters referred to in plaintiff’s
Complaint such that if there is any liability to plaintiff in
this action, it is due to the negligence and liability of cross-
defendants, and each of them, and not of Cross-Complainants.
10 13. Cross-Complainants are informed and believe, and based
11 thereon allege, that if Cross-Complainants are found liable to
12 plaintiff or other cross-complainants in any amount, it will be
13 due to the action of cross-defendants, and each of them, who
14 were actively and/or passively negligent and primarily
15 responsible for the damages of which plaintiff complains.
16 14. If it is found that Cross-Complainants are liable by
17 reason of those things set forth herein, then Cross-Complainants
18 are entitled to equitable indemnity, apportionment of liability
19 and contribution, for any and all liability among and from the
20 aforesaid cross-defendants, and each of them, according to their
21 respective fault, for the injuries and damages allegedly
22 sustained by plaintiff and/or other cross-complainants, by way
23 of sums paid in settlement, or judgment rendered against Cross-
24 Complainants in the action based upon plaintiff’s Complaint
25 and/or on cross-complaints filed, or to be filed by others.
26 Such indemnification and/or contribution shall include any and
27 all attorneys’ fees and court costs incurred by Cross-
28 Complainants in the defense of plaintiff’s Complaint, or in the
5
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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defense of cross-complaints filed or to ‘be filed herein. Cross-
Complainants hereby tender their defense to cross-defendants,
and each of them, and demands that they hold Cross-Complainants
harmless from and against the allegations of plaintiff's
Complaint herein.
WHEREFORE, judgment is prayed as hereinafter set forth.
SECOND CAUSE OF ACTION
[Comparative Indemnity and Contribution]
Against All Cross-Defendants
10 15. Cross-Complainants hereby reallege and incorporate by
11 reference each, every, and all allegations contained in
12 Paragraphs 1 through 10, inclusive, of this Cross-Complaint as
13 though fully set forth herein.
14 16. Cross-Complainants deny any liability whatsoever to
15 plaintiff and any other cross-complainant in connection with the
16 matters alleged in plaintiff’s Complaint, or in cross-complaints
17 filed, or to be filed herein by others. Cross-Complainants
18 further allege that, if held liable to plaintiff and/or any
19 other cross-complainants, such liability was and is the result,
20 in total or in part, of the negligence, fault and/or other
21 wrongful actions of the aforesaid cross-defendants, and each of
22 them.
23 17. If, in fact, it is determined that Cross-Complainants
24 are not entitled to be fully indemnified by the aforesaid cross—
25 defendants, and each of them, Cross-Complainants allege that the
26 aforesaid cross-defendants, and each of them, and other parties
27 to this action, would be concurrent tortfeasors and that Cross-
28 Complainants are entitled to obtain indemnity and/or
6
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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frm
from
contribution the aforesaid cross-defendants, and each of
them, on a comparative fault basis, the amount of said indemnity
and contribution to be determined by the proportional degree, or
allocation of proportionate fault of the aforesaid cross—
defendants, and each of them.
18. Cross-Complainants hereby tender its defense to cross-
defendants, and each of them, and demands that cross-defendants
defend, indemnify and hold Cross-Complainant harmless.
WHEREFORE, judgment is prayed as hereinafter set forth.
10 THIRD CAUSE OF ACTION
11 [Negligence]
12 Against All Cross-Defendants
13 19. Cross-Complainants hereby reallege and incorporate by
14 reference each, every, and all allegations contained in
15 Paragraphs 1 through 10, inclusive, of this cross-complaint as
16 though fully set forth herein.
17 20. Cross-Complainants are informed and believe, and
18 thereon allege, that aforesaid cross-defendants, and each of
19 them, negligently, carelessly, and wrongfully failed to use
20 reasonable care in designing, constructing, manufacturing,
21 inspecting, installing, testing, maintaining, repairing,
22 managing, monitoring, and building improvements on the Property
23 and/or in providing services or materials to design and
24 construction buildings and appurtenances on the Property as more
25 fully described in plaintiff’s Complaint.
26 21. As a proximate, legal and substantial result of cross-
27 defendants’ acts and omissions, cross-complainants have incurred
28 damages and expense to respond to plaintiff’s claims, to retain
7
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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,
to
consultants, investigate the claims, “to determine the nature
of the problems and to determine what work needed to be done to
correct the problems and to correct the problems.
22. As a direct and proximate result of the negligence of
the aforesaid cross-defendants, and each of them, as herein
alleged, Cross-Complainants have incurred, and continues to
incur, damages according to proof, costs and expenses,
including, but not limited to, litigation costs, attorneys’ fees
and consultant’s fees to inspect, repair, and mitigate damages
10 arising out of said negligent services, inspection, design,
11 construction, repair, provision of materials and to defend
12 against plaintiff’s Complaint and/ro other cross-complaints on
13 file herein.
14 WHEREFORE, judgment is prayed and hereinafter set forth.
15 FOURTH CAUSE OF ACTION
16 [Breach of Implied Warranty]
17 (Against Roes 6 through 25)
18 23. Cross-Complainants hereby reallege and incorporate by
19 reference each, every and all allegations contained in
20 Paragraphs 1 through 10, inclusive, of this cross-complaint as
21 though fully set forth herein.
22 24. Cross-Complainants are informed and believe, and
23 thereon allege, that each of the aforesaid cross-defendants
24 entered into agreements, whether written or oral, with Cross-
25 Complainants that provided that the aforesaid cross-defendants,
26 and each of them, would furnish all services, labor, and
27 materials necessary, and would perform their work in a
28 reasonable and workmanlike manner.
8
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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frm
25. Créss-Complainants are informed and believe, and
thereon allege, that the aforesaid cross-defendants, and each of
them, in testing, analyzing, verifying, preparing,
manufacturing, inspecting, maintaining, installing, replacing,
repairing, and constructing the structures and appurtenances on
the Property, and materials therefor, impliedly warranted that
the various products, items, structures, and systems supplied,
manufactured, assembled and/or constructed by the aforesaid
cross-defendants, and each of them, would be reasonably fit for
10 the purpose intended.
11 26. Cross-Complainants are informed and believe, and based
12 thereon allege, that the testing, verifying, analyzing,
13 preparing, manufacturing, maintaining, inspecting, installing,
14 replacing, repairing, and construction of the building and
15 appurtenances on the Property, and materials therefor, by the
16 aforesaid cross-defendants, and each of them, was deficient and
17 not fit for the purpose intended and, in fact, aforesaid cross-
18 defendants, and each of them, failed to perform the functions
19 intended for each, and said malfunctions and inherent
20 deficiencies have brought further damage to the Property as more
21 fully set forth in plaintiff's Complaint.
22 27. As a proximate, legal and substantial result of cross-
23 defendants’ acts and omissions, cross-complainants have incurred
24 damages and expenses to respond to plaintiff's claims, to retain
25 consultants, to investigate the claims, to determine the nature
26 of the problems and to determine what work needed to be done to
27 correct the problems and to correct the problems.
28 28. As a direct result of said deficient items, products,
9
CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION
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buildings and structures, Cross-Complainants have been damaged
in an amount equal to any judgment rendered against them in the
action because of work performed by aforesaid cross-defendants,
and each of them, on the Property.
WHEREFORE, judgment is prayed as hereinafter set forth.
FIFTH CAUSE OF ACTION
[Declaratory Relief]
Against All Cross-Defendants
29. Cross-Complainants hereby reallege and incorporate by
10 reference, each, every, and all allegations contained in
11 Paragraphs 1 through 10, inclusive, of this Cross-Complaint
Preview
MOU San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Aug-17-2007 1:08 pm Case Number: CGC-07-464398 Filing Date: Aug-13-2007 1:07 Juke Box: 001 Image: 01859348 CROSS COMPLAINT LILY CHAN VS. JUN XIANG LIN et al 001001859348 Instructions: Please place this sheet on top of the document to be scanned. = SU AONS ow cross-comPLAINT SUM-100 (CITACION JUDICIAL) FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE TO DEFENDANT: CROSS-DEFENDANTS g(A VISO AL DEMANDADO): | OES 1 through 25, inclusive YOU ARE BEING SUED BY:PLAINRIFE: }CROSS-COMPLAINANTS (LO ESTA DEMANDANDO EL DEMANDANTE): JUN XIANG LIN, individually and dba LIN'S BUILDER a You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the copy served court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. if you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. to callan There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por usted escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que pueda usar para su respuesta. Puede encontrar est tos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.courtinfo.ca.gov/selfhelp/espanol), en Ia biblioteca de leyes de su condado o en Ia corte que le quede més cerca. Sino puede pagar la cuota de presentaci6n, pida al secretario de la corte que le dé un formulario de exenci ién de pago de cuotas. Sino presenta ‘su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrd quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios de legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.courtinfo.ca.gov/selfhelp/espanol) 0 poniéndose en contacto con la corte o ef colegio de abogados locales. The name and address of the court is: CASE NUMBER: (Nimerodel Caso): CGCO7- 464398 (El nombre y direccién de la corte es): San Francisco County Superior Court 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): Kelly M. Lynch, Esq. State Bar #190405 415-248-3930 415-248-3933 bye. Hardiman & Carrol 450 Sansome Street, Suite 700 San Francisco, CA 94111 2, 2 DATE: Way ala Bu Clerk, by , Deputy (Fecha) AUG 13 2007 (Secretario) 5 (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-070).) (Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served (SEAL) COURT g 4 C4 as an individual defendant. ves as the person sued under the fictitious name of (specify): 2, fe [Xs ey ‘on behalf of (specify): xn under: [| CCP 416.10 (corporation) “| CCP 416.60 (minor) ct {__} CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CE CCP 416.40 (association or partnership) {Li CCP 416.90 (authorized person) * SA we {"~] other (specify): | by personal delivery on (date): Page tof 1 Form Adopted for Mandatory Use Code of Civil Procedure §§ 412.20, 465 Judicial Council of California SUMMONS SUM-100 [Rev. January1, 2004] ~~ PROOF OF SERVICE Re CHAN v. JUN XIANG LIN San Francisco County Superior Court Case No. CGC07-464398 I am a citizen of the United States and employed in the City and County of San Francisco. I am over the age of 18 years and not a party to the within entitled My business address action. is c/o HARDIMAN & CARROLL, 450 Sansome Street, Suite 700, San Francisco, California 94111. I am readily familiar with HARDIMAN & CARROLL's practices for collection and processing of correspondence for mailing with the United States Postal Service. On August 10, 2007, I caused to be served the following documents: SUMMONS ON CROSS-COMPLAINT 10 MAIL: by placing a true copy thereof enclosed in a sealed 11 envelope with first class postage thereon fully prepaid in 12 the United States Post Office at San Francisco, California, addressed as set forth below. 13 PERSONAL DELIVERY: by causing to be hand delivered, a true 14 copy thereof to the person at the address below. 15 FEDERAL EXPRESS: by placing a true copy thereof enclosed in a sealed Federal Express envelope with postage fully prepaid 16 at a facility regularly maintained by Federal Express, addressed as set forth below. 17 FACSIMILE: by causing a true copy thereof to be telecopied 18 to the party at the facsimile number as set forth below. 19 Attorneys for Plaintiff Lily Chan 20 Thomas Eastridge, Esq. Amanda Clark, Esq. 21 LAW OFFICES OF THOMAS EASTRIDGE One Kaiser Plaza, Suite 601 22 Oakland, CA 94612 Tel: (510) 287-9651 23 Fax: (510) 835-0979 24 I declare under penalty of perjury that the foregoing is true and correct. 25 26 Executed on August 10, 2007, at San Francisco, California. 27 . 28 Chilly Kada Kada 1 PROOF OF SERVICE KELLY M. LYNCH, HARDIMAN & CARROLL STATE BAR NO. 190405 LY ED or Court San Fran cisco County Superi 450 Sansome Street, Suite 700 San Francisco, California 94111 AUG 1 8 2007 Tel (415) 248-3930 Fax (415) 248-3933 GORDON PARK-LI, Clerk BY. Deputy Attorney for Defendants JUN XIANG LIN, individually and dba LIN'S BUILDER IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 LILY CHAN, CASE NO. CGC07-464398 Unlimited Jurisdiction 12 Plaintiff, CROSS-COMPLAINT FOR INDEMNITY 13 Vv AND CONTRIBUTION 14 JUN XIANG LIN, individually and doing business as LIN'S 15 BUILDER, and DOES 1 to 20, inclusive, 16 Defendants. 17 JUN XIANG LIN, individually 18 and dba LIN'S BUILDER, 19 Cross-Complainants, 20 Vv 21 ROBES 1 through 25, inclusive, 22 Cross-Defendants. 2na 22g Zaz 23 RUB 5 24 COMES NOW defendants and cross-complainants JUN XIANG LIN Bo 3a aa 25 individually and dba LIN'S BUILDER (“Cross-Complainants”), and so ne Bga cross-defendants, and each of them, as follows: DAG 26 complain of 27 /// 28 /// 1 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\$1035 .008\pc001kml. xc. frm GENERAL ALLEGATIONS [Against All Cross-Defendants] 1 At all relevant times mentioned, Cross-Complainants were and are a business entity authorized to do business and doing business in the State of California, County of San Francisco. 2. Cross-Complainants are informed and believe, and thereon allege, that each of the cross-defendants and the fictitiously named cross-defendants were duly organized and 10 existing California corporations, partnerships, proprietorships, 11 and/or other business entities authorized to do business and 12 doing business in the State of California. Cross-Complainants 13 are further informed and believe, and thereon allege, that each 14 of the aforementioned cross-defendants were the developers, 15 owners, agents for owners, designers, inspectors, 16 subcontractors, engineers, manufacturers and/or suppliers 17 responsible for designing, constructing, installing, 18 manufacturing and/or providing services or materials and/or 19 property managers for the subject property, located at 1007 20 Washington Street in Daly City, California, and more 21 specifically, identified in plaintiff’s Complaint incorporated 22 by reference herein and hereinafter referenced as (“The 23 Project”). 24 3 Cross-Complainants do not know the true names or 25 capacities of cross-defendants sued herein as Roes 1 through 25, 26 inclusive, and will amend this cross-complaint to insert their 27 true names and capacities when ascertained. Cross-Complainants 28 are informed and believe, and thereon allege, that each of said 2 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\$1035.008\pc001kml .xc. frm fictitiously named cross-defendants was negligent, careless, strictly liable, breached warranties, or were otherwise legally responsible for the happening of the events complained of in the plaintiff’s Complaint filed herein and any resulting injuries. 4 Cross-Complainants are informed and believe, and thereon allege, that at all times herein mentioned, cross-— defendants, and each of them, were corporations, partners, joint venturers, principals, agents, servants, employees and/or successors-in-interest of some, or all, of the other cross- 10 defendants herein and were at all time relevant hereto, acting 11 within the course and scope of said corporation, partnership, 12 joint venture, agency, employment or other aforesaid 13 relationship. Cross-Complainants are further informed and 14 believe that the wrongful acts of cross-defendants, and each of 15 them, as hereinafter alleged, were ratified and authorized by 16 their respective corporation, partners, joint venturers, 17 principals, employers and predecessor-in-interest. 18 5 Cross-Complainants are informed and believe, and 19 thereon allege, that at all time herein mentioned, Roes 1 20 through 5 were the owners and developers of the Project. 21 6. Cross-Complainants are informed and believes, and 22 thereon alleges, that at all time herein mentioned, Roes 6 23 through 10 were the designers (architects, engineers, surveyors 24 and others) of the Project. 7 and believe, and 25 Cross-Complainants are informed 26 thereon allege, that at all time herein mentioned, Roes 11 27 through 15 were the contractors and subcontractors with 28 responsibility to construct the Project. 3 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\S1035.008\pc001km1. xc. frm 8 Cross-Complainants are informed and believe, and thereon allege, that at all time herein mentioned Roes 16 through 20 supplied materials used in the construction of the Project 9 Cross-Complainants are informed and believe, and thereon allege, that at all time herein mentioned Roes 21 through 25 caused or contributed to the damages, if any, of which Plaintiff complains, entitling Cross-Complainants to indemnity. 10 10. Plaintiff filed her Complaint against the above-named 11 Defendants. Thereafter, Cross-Complainants filed their Cross- 12 Complaint against other Cross-Defendants. Said Complaint, 13 Cross-Complaint and any future amended complaints filed in this 14 action are incorporated herein by reference as though fully set 15 forth herein, said incorporation by reference being solely for 16 the purpose of identification. Cross-Complainants do not admit 17 the truth of any allegations contained in any of the Complaint 18 or Cross-Complaints in this action. The reference Cross- 19 Complaint sets forth various causes of action against Cross- 20 Complainants and other parties, including, but not limited to, 21 damages arising from breach of contract, breach of express and 22 implied warranties, comparative and equitable indemnity and 23 declaratory relief. 24 FIRST CAUSE OF ACTION 25 [Total Equitable Indemnity] 26 Against All Cross-Defendants 27 11. Cross-Complainants hereby reallege and incorporate by 28 reference each, every, and all allegations of Paragraphs 1 4 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\S1035.008\pc001km1.c. frm through 10, inclusive, of this Cross-Complaint as though fully set forth herein. 12. Cross-Complainants are informed and believe, and on that basis allege, that at all times herein mentioned, the aforementioned cross-defendants, and each of them, were negligent in and about the matters referred to in plaintiff’s Complaint such that if there is any liability to plaintiff in this action, it is due to the negligence and liability of cross- defendants, and each of them, and not of Cross-Complainants. 10 13. Cross-Complainants are informed and believe, and based 11 thereon allege, that if Cross-Complainants are found liable to 12 plaintiff or other cross-complainants in any amount, it will be 13 due to the action of cross-defendants, and each of them, who 14 were actively and/or passively negligent and primarily 15 responsible for the damages of which plaintiff complains. 16 14. If it is found that Cross-Complainants are liable by 17 reason of those things set forth herein, then Cross-Complainants 18 are entitled to equitable indemnity, apportionment of liability 19 and contribution, for any and all liability among and from the 20 aforesaid cross-defendants, and each of them, according to their 21 respective fault, for the injuries and damages allegedly 22 sustained by plaintiff and/or other cross-complainants, by way 23 of sums paid in settlement, or judgment rendered against Cross- 24 Complainants in the action based upon plaintiff’s Complaint 25 and/or on cross-complaints filed, or to be filed by others. 26 Such indemnification and/or contribution shall include any and 27 all attorneys’ fees and court costs incurred by Cross- 28 Complainants in the defense of plaintiff’s Complaint, or in the 5 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\S1035 .008\pc001km1. xc. frm defense of cross-complaints filed or to ‘be filed herein. Cross- Complainants hereby tender their defense to cross-defendants, and each of them, and demands that they hold Cross-Complainants harmless from and against the allegations of plaintiff's Complaint herein. WHEREFORE, judgment is prayed as hereinafter set forth. SECOND CAUSE OF ACTION [Comparative Indemnity and Contribution] Against All Cross-Defendants 10 15. Cross-Complainants hereby reallege and incorporate by 11 reference each, every, and all allegations contained in 12 Paragraphs 1 through 10, inclusive, of this Cross-Complaint as 13 though fully set forth herein. 14 16. Cross-Complainants deny any liability whatsoever to 15 plaintiff and any other cross-complainant in connection with the 16 matters alleged in plaintiff’s Complaint, or in cross-complaints 17 filed, or to be filed herein by others. Cross-Complainants 18 further allege that, if held liable to plaintiff and/or any 19 other cross-complainants, such liability was and is the result, 20 in total or in part, of the negligence, fault and/or other 21 wrongful actions of the aforesaid cross-defendants, and each of 22 them. 23 17. If, in fact, it is determined that Cross-Complainants 24 are not entitled to be fully indemnified by the aforesaid cross— 25 defendants, and each of them, Cross-Complainants allege that the 26 aforesaid cross-defendants, and each of them, and other parties 27 to this action, would be concurrent tortfeasors and that Cross- 28 Complainants are entitled to obtain indemnity and/or 6 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\$1035.008\pc001km1.xc. frm from contribution the aforesaid cross-defendants, and each of them, on a comparative fault basis, the amount of said indemnity and contribution to be determined by the proportional degree, or allocation of proportionate fault of the aforesaid cross— defendants, and each of them. 18. Cross-Complainants hereby tender its defense to cross- defendants, and each of them, and demands that cross-defendants defend, indemnify and hold Cross-Complainant harmless. WHEREFORE, judgment is prayed as hereinafter set forth. 10 THIRD CAUSE OF ACTION 11 [Negligence] 12 Against All Cross-Defendants 13 19. Cross-Complainants hereby reallege and incorporate by 14 reference each, every, and all allegations contained in 15 Paragraphs 1 through 10, inclusive, of this cross-complaint as 16 though fully set forth herein. 17 20. Cross-Complainants are informed and believe, and 18 thereon allege, that aforesaid cross-defendants, and each of 19 them, negligently, carelessly, and wrongfully failed to use 20 reasonable care in designing, constructing, manufacturing, 21 inspecting, installing, testing, maintaining, repairing, 22 managing, monitoring, and building improvements on the Property 23 and/or in providing services or materials to design and 24 construction buildings and appurtenances on the Property as more 25 fully described in plaintiff’s Complaint. 26 21. As a proximate, legal and substantial result of cross- 27 defendants’ acts and omissions, cross-complainants have incurred 28 damages and expense to respond to plaintiff’s claims, to retain 7 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\$1035 .008\pc001kml.:c. frm , to consultants, investigate the claims, “to determine the nature of the problems and to determine what work needed to be done to correct the problems and to correct the problems. 22. As a direct and proximate result of the negligence of the aforesaid cross-defendants, and each of them, as herein alleged, Cross-Complainants have incurred, and continues to incur, damages according to proof, costs and expenses, including, but not limited to, litigation costs, attorneys’ fees and consultant’s fees to inspect, repair, and mitigate damages 10 arising out of said negligent services, inspection, design, 11 construction, repair, provision of materials and to defend 12 against plaintiff’s Complaint and/ro other cross-complaints on 13 file herein. 14 WHEREFORE, judgment is prayed and hereinafter set forth. 15 FOURTH CAUSE OF ACTION 16 [Breach of Implied Warranty] 17 (Against Roes 6 through 25) 18 23. Cross-Complainants hereby reallege and incorporate by 19 reference each, every and all allegations contained in 20 Paragraphs 1 through 10, inclusive, of this cross-complaint as 21 though fully set forth herein. 22 24. Cross-Complainants are informed and believe, and 23 thereon allege, that each of the aforesaid cross-defendants 24 entered into agreements, whether written or oral, with Cross- 25 Complainants that provided that the aforesaid cross-defendants, 26 and each of them, would furnish all services, labor, and 27 materials necessary, and would perform their work in a 28 reasonable and workmanlike manner. 8 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\81035.008\pcOO1km1.xc. frm 25. Créss-Complainants are informed and believe, and thereon allege, that the aforesaid cross-defendants, and each of them, in testing, analyzing, verifying, preparing, manufacturing, inspecting, maintaining, installing, replacing, repairing, and constructing the structures and appurtenances on the Property, and materials therefor, impliedly warranted that the various products, items, structures, and systems supplied, manufactured, assembled and/or constructed by the aforesaid cross-defendants, and each of them, would be reasonably fit for 10 the purpose intended. 11 26. Cross-Complainants are informed and believe, and based 12 thereon allege, that the testing, verifying, analyzing, 13 preparing, manufacturing, maintaining, inspecting, installing, 14 replacing, repairing, and construction of the building and 15 appurtenances on the Property, and materials therefor, by the 16 aforesaid cross-defendants, and each of them, was deficient and 17 not fit for the purpose intended and, in fact, aforesaid cross- 18 defendants, and each of them, failed to perform the functions 19 intended for each, and said malfunctions and inherent 20 deficiencies have brought further damage to the Property as more 21 fully set forth in plaintiff's Complaint. 22 27. As a proximate, legal and substantial result of cross- 23 defendants’ acts and omissions, cross-complainants have incurred 24 damages and expenses to respond to plaintiff's claims, to retain 25 consultants, to investigate the claims, to determine the nature 26 of the problems and to determine what work needed to be done to 27 correct the problems and to correct the problems. 28 28. As a direct result of said deficient items, products, 9 CROSS-COMPLAINT FOR INDEMNITY AND CONTRIBUTION M:\$1035\S1035.008\pc001km1. xc. frm buildings and structures, Cross-Complainants have been damaged in an amount equal to any judgment rendered against them in the action because of work performed by aforesaid cross-defendants, and each of them, on the Property. WHEREFORE, judgment is prayed as hereinafter set forth. FIFTH CAUSE OF ACTION [Declaratory Relief] Against All Cross-Defendants 29. Cross-Complainants hereby reallege and incorporate by 10 reference, each, every, and all allegations contained in 11 Paragraphs 1 through 10, inclusive, of this Cross-Complaint