Complaint,Petition: Mona Tovar vs Rebecca Dee Te Velde et.al.

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                                Malcolm D. Schick, Esq. - Stat
Erica C. Gonzalez, Esq. - Stat

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G&P|ScuHick, A Professional a oepent ion QO ROW 42 PH 2:40

99 Almaden Boulevard, Suite 74
San Jose, California 95113-16
Tel: (408) 995-5050; Fax: (408

Attorneys for Defendant, Cross

Defendant, and Cross-Complaina
HOLT REPAIR & MANUFACTURING, IN

SUPERIOR COURT OF

os ROSA JUNQUEIRGRCLERK
) 995-5159,

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nt,

iC.

THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN JOAQUIN

MONA TOVAR, Individually and
as Special Administrator of
the Estate of Carlos Alexander
Tovar, Deceased, and IZAIAH
TOVAR and OLIVIA TOVAR,
Minors, by and through their
Guardian ad Litem, MONA TOVAR

Plaintiffs,
v.

BERNARD TE VELDE and REBECCA
DEE TE VELDE, Trustees of the
2000 Te Velde Family Trust,
HOLT REPAIR & MANUFACTURING,
INC., and DOES 1 to 100,
inclusive

Befendants.

Case No. STK-CV-UPI-2018-10826
Judge: Roger Ross

Dept.: 11B

Complaint filed:8/30/18

CROSS-COMPLAINT OF HOLT REPAIR
& MANUFACTURING, INC., FOR:

1. TOTAL IMPLIED EQUITABLE
INDEMNITY ;

2. PARTIAL IMPLIED EQUITABLE
INDEMNITY; AND

3. DECLARATORY RELIEF

BERNARD TE VELDE and REBECCA

DEE TE VELDE, Trustee of the

2000 Te Velde Family Trust,
Cross~Complainants,

v.

HOLT REPAIR & MANUFACTURING,
INC.

Cross-Defendant.

CROSS-| IPLAINT OF HOL'

IR & ‘ACTURING, ic.HOLT REPAIR & MANUFACTURING,
INC.

Cross-Complainant,
v.
BERNARD TE VELDE and REBECCA
DEE TE VELDE, Trustee of the
2000 Te Velde Family Trust,
and Roes 1-50, Inclusive,

Cross-Defendants.

Defendant, cross-defendant and cross-complainant, HOLT REPAIR
& MANUFACTURING, INC. (hereinafter referred to as "HOLT"), alleges
against cross-defendants, and each of them, as follows:

COMMON ALLEGATIONS

1. HOLT is informed and believes and thereon alleges that
the acts and omissions alleged herein occurred within the
jurisdiction of this Court as established by the Complaint in this
matter.

2. HOLT is informed and believes and thereon alleges that at
all times herein mentioned, and all relevant times, cross-
defendant, 2000 Te Velde Family Trust was a Trust formed in the
State of California and holds property in the State of California.

3. HOLT is ignorant of the true names and capacities of
cross-defendants sued herein as ROES 1 through 50, inclusive, and
therefore, sues these cross-defendants by such fictitious names.
HOLT will seek to amend this Cross-Complaint to allege the true
names and capacities when so asserted. HOLT is informed and
believes and thereon alleges that each of the fictitiously named
cross-defendants is negligently or otherwise responsible in some

manner for the occurrences alleged in the Complaint, and that

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CROSS-COMPLAINT OF HOLT REPAIR & MANUFACTURING, INC.27
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plaintiffs’ damages herein alleged were proximately caused by the
above-mentioned negligence or other tortuous conduct.

4, HOLT is informed and believes and thereon alleges that,
at all times herein mentioned, each cross-defendant was an agent,
servant and/or employee of each of the other cross-defendants, and
was acting within the course and scope of said agency,
representation and/or employment, and that their acts and deeds
herein alleged were approved and ratified by each and all of the
other cross-defendants herein,

5. HOLT hereby incorporates by reference, without admitting
or adopting such allegations, the allegations of the operative
Complaint on file herein.

FIRST CAUSE OF ACTION
(Total Implied Equitable Indemnity
Against All Cross-Defendants)

6. HOLT hereby realleges and incorporates by reference
paragraphs 1 through 5 of the Common Allegations.

7. If HOLT is found in some manner responsible to the
plaintiffs or to anyone else as a result of the allegations
described in plaintiffs’ Complaint, said liability would be based
solely upon a derivative form of liability, not resulting from
HOLT's own conduct, but only from an obligation imposed by law,
and, therefore, HOLT is entitled to complete and _ total
indemnification from each cross-defendant.

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CROSS-COMPLAINT OF HOLT REPAIR & MANUFACTURING, INC.a Ww

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SECOND CAUSE OF ACTION
(Partial Implied Equitable Indemnity and
Contribution Against All Cross-Defendants)

8. HOLT hereby realleges and incorporates by reference
paragraphs 1 through 5 of Common Allegations.

9. HOLT is informed and believes that each cross-defendant
was responsible, in whole or in part, for the injuries, if any,
suffered by the plaintiffs. If Judgment is taken against HOLT,
each cross-defendant should be required to pay a share of
plaintiffs’ Judgment which is in proportion to its comparative
negligence or tortuous conduct and/or reimburse HOLT for any
payments made to the plaintiffs in excess of HOLT’s proportional
share of said negligence or wrongful conduct.

THIRD CAUSE OF ACTION
(Declaratory Relief Against All Cross-defendants
and ROES 1 through 50, inclusive)

10. HOLT hereby realleges and incorporates by reference
paragraphs 1 through 5 of the Common Allegations.

11. There presently exists a dispute and controversy over the
rights, liabilities and duties of the various parties herein.
Cross-complainant seeks to determine the rights, liabilities and
duties of the parties herein.

12. As a result of the dispute in controversy, which has
arisen between the various parties, a judicial declaration of
rights and liabilities is necessary.

PRAYER
WHEREFORE, HOLT prays for following relief:

1. For total and complete indemnity for any Judgments

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CROSS-COMPLAINT OF HOLT REPAIR & MANUFACTURING, INC.wo Nn

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rendered against HOLT;

2. For Judgment. in a proportionate share from each cross-—
defendant;
3. A judicial declaration of the rights, liabilities and

duties of the parties herein;
4. For costs of suit incurred herein;
5. For such other and further relief as is fair, just and

equitable.

DATED:__October 30, 2018 G&P | SCHICK

: ez, Esq.
Attorneys for Defendant, Cross-

Defendant, and Cross-Complainant,
HOLT REPAIR & MANUFACTURING, INC.

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CROSS-COMPLAINT OF HOLT REPAIR & MANUFACTURING, INC.TOVAR v. TE VELDE, et al.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
CASE NO. STK-CV-UPI-2018-10826

PROOF OF SERVICE

I, the undersigned, declare that: I am over the age of 18
years and not a party to the case; I am employed in the County of
Santa Clara, California, where the mailing occurs; and my business
address is: 99 Almaden Boulevard, Suite 740, San Jose, CA 95113.

On October 30, 2018, I caused to be served each of the
interested parties in this action set forth in the below list the
foregoing document(s) described as:

» CROSS-COMPLAINT OF HOLT REPAIR & MANUFACTURING, INC.

(X) BY MAIL I am readily familiar with the business practice for
collection and processing correspondence for mailing with the
United States Postal Service. Under the practice, it would be
deposited with United States Postal Service on that same day
with postage thereon fully prepaid at San Jose, California, in
the ordinary course of business. I caused such service by
placing a true copy of each document in a separate envelope
addressed to each addressee, respectively.

() VIA FACSIMILE TRANSMISSION Pursuant to California Code of
Civil Procedure Section 1013(e), and as evidenced by the
attached facsimile transmission report, I faxed the above-
described documents to each addressee named herein. The
facsimile machine I used complied with California Rules of
Court, Rule 2.301, and no error was reported by said machine.

(_) BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a Court order or
an agreement of the parties to accept service by email or
electronic transmission, I caused the document(s) to be sent
from email address mvijil@gpschicklaw.com to the persons at
the email addresses listed below in the Service List. I did
not receive, within a reasonable time after the transmission,
any electronic message or other indication that the
transmission was unsuccessful.

I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct and that this
Declaration is executed on October 30 San Jose,

California. Oo).
yes v

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PROOF OF SERVICETOVAR v. TE VELDE, et al.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
CASE NO. STK-CV-UPI-2018-10826

PROOF OF SERVICE

Doug S. Saeltzer, Esq.
Spencer Pahlke, Esq.

WALKUP, MELODIA, KELLY &
SCHOENBERGER

650 California Street,

26 Floor

San Francisco, CA 94108-2615
Tel: (415) 981-7210

Fax: (415) 391-6965
dsaeltzer@walkuplawoffice.com
spahlke@walkuplawoffice.com

Michael B. Bassi, Esq.
MICHAEL B. BASSI, A Law
Corporation

333 Bush Street,

Suite 1100

San Francisco, CA 94104
Tel: (415) 986-8122

Fax: (415) 986-0733
mbbassi@bassilaw.com

Counsel for Plaintiffs

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Craig A. Caldwell, Esq.
LAW OFFICE OF MATTHEW G.
SALAZAR

2251 Harvard Street,
Suite 100

Sacramento, CA 95815
Tel: (916) 921-9353

Fax: (855) 214-7884

craig. caldweli@nationwide.com

Attorney for Defendants,
BERNARD TE VELDE and REBECCA
DEE TE VELDE, Trustees of the
2000 Te Velde Family Trust

PROOF OF SERVICE