Preview
1 SCOTT D. LONG (SBN 203505)
Fidelity National Law Group
2 The Law Division of Fidelity National Title Group, Inc.
1550 Parkside Drive, Suite 300
3 Walnut Creek, CA 94596
Telephone: (925) 280-3362
4 Facsimile: (925) 930-9588
Email: Scott.Long@fnf.com
5
6 Attorney for Defendants/Cross-Complainants
LEONARD W. STONE III and JESSICA L. STONE
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN MATEO
10
11 ADRIANA J. QUINTERO, Case No.: 22-CIV-00190
12 Plaintiff,
DEFENDANTS AND CROSS-
13 vs. COMPLAINANTS LEONARD W. STONE
III AND JESSICA L. STONE’S CROSS-
14 LEONARD W. STONE III; JESSICA L. STONE; COMPLAINT FOR INDEMNITY,
STEVEN A. WEINKAUF, TRUSTEE OF THE CONTRIBUTION, AND DECLARATORY
15 STEVEN A WEINKAUF IRREVOCABLE RELIEF
LIVING TRUST; ALL PERSONS UNKNOWN,
16 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, STAKE, LIEN OR INTEREST
17 IN THE PROPERTY DESCRIBED IN THE
COMPLAINT ADVERSE TO PLAINTIFFS’
18 TITLE, OR ANY CLOUD ON PLAINTIFFS’
TITLE TO THAT PROPERTY, and DOES 1-50,
19 inclusive,
20 Defendants. Complaint Filed: 1/24/2022
Trial Date: TBD
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LEONARD W. STONE III; JESSICA L. STONE,
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Cross-Complainants,
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vs.
24
STEVEN A WEINKAUF, individually and as
25 TRUSTEE OF THE STEVEN A. WEINKAUF
IRREVOCABLE LIVING TRUST; and ROES 1-
26 25, inclusive.
27 Cross-Defendants.
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DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 Defendants and Cross-Complainants Leonard W. Stone III and Jessica L. Stone (together,
2 “Cross-Complainants”) allege as follows:
3 1. Cross-Complainants are now, and at all times mentioned in this cross-complaint are
4 individuals residing in San Mateo County, California.
5 2. Cross-Complainants are informed and believe and thereupon allege that Cross-Defendant
6 STEVEN A. WEINKAUF, individually and as TRUSTEE OF THE STEVEN A. WEINKAUF
7 IRREVOCABLE LIVING TRUST, is, and at all times mentioned herein was, an individual residing in
8 San Mateo County, California.
9 3. The true names and capacities, whether individual, corporate, associate or otherwise of
10 those Cross-Defendants that are named herein as ROES 1 through 25, inclusive, are unknown to the
11 Cross-Complainants and therefore sue said Cross-Defendants, and each of them, by such fictitious
12 names. Cross-Complainants are informed and believe, and thereon allege, that each of such fictitiously-
13 named Cross-Defendants was and is in some manner legally responsible for the events, happenings
14 and/or matters alleged in this Cross-Complaint and for some or all of the injuries and damages alleged in
15 the Plaintiff’s Complaint.
16 4. The Cross-Complainants are further informed and believe, and thereon allege, that such
17 fictitiously-named Cross-Defendants are the affiliates, agents, employees, contractors, officers, or
18 directors, or persons otherwise acting for, on behalf of, or in concert with, the other Cross-Defendants
19 named in this Cross-Complaint, and each of them are therefore legally responsible for the injuries and
20 damages to the Plaintiff or for other wrongful conduct, actual and threatened, alleged herein, and are
21 liable for the relief and remedies sought by the Plaintiff in this action. Cross-Complainants will seek
22 leave of the Court to amend this Cross-Complaint to allege the true names, capacities and relationships
23 of such fictitiously named Cross-Defendants, when such information has been ascertained and/or
24 becomes known.
25 5. Cross-Complainants are informed and believe and on that basis allege that at all times
26 herein mentioned in this Cross-Complaint, the Cross-Defendants, and each of them, acted in concert
27 with, and as agents, servants, employees, bailees, lessees, assignees, successors in interest and/or legal
28 representatives of the other Cross-Defendants, and each of them, and were acting within the course and
2
DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 scope of said agency, service, employment, bailment, lease, assignment and/or successorship with the
2 knowledge, permission, consent, notification, and adoption of the other Cross-Defendants, and each of
3 them.
4 PLAINTIFF’S COMPLAINT
5 6. On or about January 24, 2022, Plaintiff filed her Verified Complaint (“Complaint”)
6 against Defendants/Cross-Complainants Leonard W. Stone III and Jessica L. Stone; Steven A.
7 Weinkauf, Trustee of the Steven A. Weinkauf Irrevocable Living Trust; and others. The Complaint
8 alleges that Weinkauf sought to avoid paying a monetary judgment obtained against him by the Plaintiff
9 by selling the Subject Property located at 196 Dardenelle Avenue, Pacifica, California, to the Stones.
10 7. Plaintiff’s Complaint asserts various causes of action seeking to cancel the transaction in
11 which the Subject Property was sold to the Stones, among other things.
12 FIRST CAUSE OF ACTION
13 Indemnification
14 (Against All Cross-Defendants, and Each of Them)
15 8. Cross-Complainants hereby incorporate by reference paragraphs 1 through 7, inclusive,
16 as though fully set forth herein.
17 9. Cross-Complainants expressly deny liability to Plaintiff, however, if Plaintiff prevails on
18 her claims, then the Cross-Defendants, and each of them, are legally responsible and liable for any and
19 all of Plaintiff’s damages or other losses suffered by Cross-Complainants as a result of the Complaint.
20 10. If Cross-Complainants are held liable on Plaintiff’s Complaint, such liability will be
21 based solely on (1) the intentional acts of the Cross-Defendants, and/or (2) other acts or omissions of the
22 Cross-Defendants, and each of them.
23 11. If Cross-Complainants are required to pay Plaintiff for damages related to the claims
24 asserted in the Complaint, the need for such payment of damages is primarily, actively and/or ultimately
25 caused by (1) the intentional acts of the Cross-Defendants, and/or (2) other acts or omissions of the
26 Cross-Defendants, and each of them.
27 12. As a result of the Cross-Defendants’ aforementioned (1) intentional acts, and/or (2) other
28 acts or omissions, Cross-Complainants have been (a) required to engage counsel to defend itself against
3
DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 Plaintiffs’ Complaint, (b) will likely engage the services of experts, and (c) will otherwise be required to
2 expend fees and costs defending against Plaintiff’s Complaint.
3 13. Service of this Cross-Complaint on Cross-Defendants, and each of them, hereby
4 constitutes a demand that they defend Cross-Complainants against Plaintiff’s Complaint.
5 14. By reason of the foregoing, Cross-Complainants are entitled to total and complete
6 indemnification from the Cross-Defendants, and each of them, for any amounts that Cross-Complainant
7 may be required to pay to Plaintiff and for any costs, expenses, expert witness fees, and/or under
8 California Code of Civil Procedure Section 1021.6, any attorney’s fees, expended by Cross-
9 Complainants in defending themselves against Plaintiff’s claims.
10 WHEREFORE, Cross-Complainants pray for a judgment as set forth below.
11 SECOND CAUSE OF ACTION
12 Contribution
13 (Against All Cross-Defendants, and Each of Them)
14 15. Cross-Complainants hereby incorporates by reference paragraphs 1 through 14, inclusive,
15 as though fully set forth herein.
16 16. Cross-Complainants expressly deny liability to Plaintiff, however, if Cross-Complainants
17 are held liable to Plaintiff, or to anyone else, for damages as a result of the incidents and occurrences
18 alleged in the Complaint, the damages, if any, were either wholly or in part directly and proximately
19 caused by the negligence or culpable conduct of the Cross-Defendants, and each of them.
20 17. As a result, each Cross-Defendant should be required to pay a share of the damages that
21 are in proportion to the comparative responsibility of that Cross-Defendant in causing the damages and
22 should further be required to reimburse Cross-Complainants for any payment of damages in excess of its
23 proportional share, if any, of all parties’ responsibility for the damages.
24 THIRD CAUSE OF ACTION
25 Declaratory Relief
26 (Against All Cross-Defendants, and Each of Them)
27 18. Cross-Complainants hereby incorporates by reference paragraphs 1 through 17, inclusive,
28 as though fully set forth herein.
4
DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 19. An actual controversy has arisen and now exists between Cross-Complainants, on the one
2 hand and the Cross-Defendants, and each of them, on the other hand, concerning their respective rights
3 with respect to Plaintiff’s claims in that each party claims that the other party should be responsible for
4 paying Plaintiff’s alleged damages.
5 20. Cross-Complainants are informed and believe and thereupon allege that the Cross-
6 Defendants, and each of them, dispute the contentions of the Cross-Complainants.
7 21. Cross-Complainants desire a judicial determination of its rights and duties, and a
8 declaration establishing that the Cross-Defendants, and each of them, are solely responsible for
9 Plaintiff’s alleged damages.
10 22. A judicial declaration is necessary and appropriate at this time so that the parties hereto
11 may ascertain which party or parties must satisfy Plaintiff’s damage claims.
12 PRAYER
13 WHEREFORE, Cross-Complainants pray for a judgment on its Cross-Complaint as follows:
14 On the First Cause of Action for Indemnification:
15 1. For total and complete indemnification for any amounts paid or to be paid by Cross-
16 Complainants as a result of Plaintiff’s claims and/or Complaint.
17 2. For total and complete indemnification against costs and attorneys’ fees reasonably
18 incurred by Cross-Complainants in defending against Plaintiff’s claims and/or Complaint.
19 On the Second Cause of Action for Contribution:
20 3. For a pro rata partial equitable indemnity and/or contribution against any portion of any
21 amounts paid or to be paid by Cross-Complainants as a result of Plaintiff’s claims and/or Complaint and
22 which do not fairly reflect the pro rata fault or responsibility, if any, of Cross-Complainants.
23 On the Third Cause of Action for Declaratory Relief:
24 4. For a judicial determination of the rights and duties of Cross-Complainants and/or,
25 5. For a Declaration establishing that the Cross-Defendants are solely responsible for paying
26 Plaintiff’s damages, if any, and/or for any amounts paid to defend Cross-Complainant against Plaintiff’s
27 claims and/or Complaint.
28 ///
5
DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 On All Causes of Action:
2 6. For damages against the Cross-Defendants, and each of them according to proof at trial;
3 7. For costs of suit herein, together with any and all reasonable attorneys’ fees allowed by
4 law, and
5 8. For such other and further relief as the Court may deem just and proper.
6
7 Dated: March 4, 2022 FIDELITY NATIONAL LAW GROUP
THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC.
8
9
________________________________________
10 SCOTT D. LONG,
ATTORNEYS FOR DEFENDANTS AND CROSS-
11 COMPLAINANTS LEONARD W. STONE III AND
JESSICA L. STONE
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DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S
CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF
1 Quintero v. Stone, et al
San Mateo County Superior Court Case No. 22-CIV-00190
2
PROOF OF SERVICE
3
I am employed in the County of Contra Costa, State of California. I am over the age of
4 18 years and not a party to the within action. My business address is 1550 Parkside Drive, Suite
5 300, Walnut Creek, California 94596.
6 On the date entered below, I served the within:
7 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD W. STONE III AND
JESSICA L. STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION,
8 AND DECLARATORY RELIEF
on the parties in said action by placing a true copy thereof as indicated below, addressed as
9 follows:
10 Counsel for Plaintiff Adriana J. Quintero
11 Bart I. Ring, Esq.
The Ring Law Firm APLC
12 5550 Topanga Canyon Blvd, Suite 200
Woodland Hills, CA 91367
13 Tel.: (818) 587-9299
Email: bart@bartringlaw.com
14
15 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed
for collection and mailing at my place of business. Following ordinary business
16 practices, said correspondence will be deposited with the United States Postal Service
at Walnut Creek, California, on the referenced date in the ordinary course of business.
17 There is delivery service by United States mail at the place so addressed in the City of
Walnut Creek, County of Contra Costa, State of California.
18
BY OVERNIGHT MAIL: I caused such copies to be placed in envelopes designated
19 by the express carrier, Federal Express, with delivery fees provided for and deposited
those envelopes in a pickup box regularly maintained by Federal Express.
20
BY EMAIL: I caused a PDF document to transmit via electronic mail to the email
21 addresses listed above.
22 BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
offices of the addressee(s)..
23
I declare under the penalty of perjury under the laws of the State of California, that the
24 foregoing is true and correct.
25 Executed on March 4, 2022, at Walnut Creek, California.
26
27 ___________________________________
Stacey Ruiz
28
PROOF OF SERVICE
Preview
1 SCOTT D. LONG (SBN 203505) Fidelity National Law Group 2 The Law Division of Fidelity National Title Group, Inc. 1550 Parkside Drive, Suite 300 3 Walnut Creek, CA 94596 Telephone: (925) 280-3362 4 Facsimile: (925) 930-9588 Email: Scott.Long@fnf.com 5 6 Attorney for Defendants/Cross-Complainants LEONARD W. STONE III and JESSICA L. STONE 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 11 ADRIANA J. QUINTERO, Case No.: 22-CIV-00190 12 Plaintiff, DEFENDANTS AND CROSS- 13 vs. COMPLAINANTS LEONARD W. STONE III AND JESSICA L. STONE’S CROSS- 14 LEONARD W. STONE III; JESSICA L. STONE; COMPLAINT FOR INDEMNITY, STEVEN A. WEINKAUF, TRUSTEE OF THE CONTRIBUTION, AND DECLARATORY 15 STEVEN A WEINKAUF IRREVOCABLE RELIEF LIVING TRUST; ALL PERSONS UNKNOWN, 16 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, STAKE, LIEN OR INTEREST 17 IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS’ 18 TITLE, OR ANY CLOUD ON PLAINTIFFS’ TITLE TO THAT PROPERTY, and DOES 1-50, 19 inclusive, 20 Defendants. Complaint Filed: 1/24/2022 Trial Date: TBD 21 LEONARD W. STONE III; JESSICA L. STONE, 22 Cross-Complainants, 23 vs. 24 STEVEN A WEINKAUF, individually and as 25 TRUSTEE OF THE STEVEN A. WEINKAUF IRREVOCABLE LIVING TRUST; and ROES 1- 26 25, inclusive. 27 Cross-Defendants. 28 1 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 Defendants and Cross-Complainants Leonard W. Stone III and Jessica L. Stone (together, 2 “Cross-Complainants”) allege as follows: 3 1. Cross-Complainants are now, and at all times mentioned in this cross-complaint are 4 individuals residing in San Mateo County, California. 5 2. Cross-Complainants are informed and believe and thereupon allege that Cross-Defendant 6 STEVEN A. WEINKAUF, individually and as TRUSTEE OF THE STEVEN A. WEINKAUF 7 IRREVOCABLE LIVING TRUST, is, and at all times mentioned herein was, an individual residing in 8 San Mateo County, California. 9 3. The true names and capacities, whether individual, corporate, associate or otherwise of 10 those Cross-Defendants that are named herein as ROES 1 through 25, inclusive, are unknown to the 11 Cross-Complainants and therefore sue said Cross-Defendants, and each of them, by such fictitious 12 names. Cross-Complainants are informed and believe, and thereon allege, that each of such fictitiously- 13 named Cross-Defendants was and is in some manner legally responsible for the events, happenings 14 and/or matters alleged in this Cross-Complaint and for some or all of the injuries and damages alleged in 15 the Plaintiff’s Complaint. 16 4. The Cross-Complainants are further informed and believe, and thereon allege, that such 17 fictitiously-named Cross-Defendants are the affiliates, agents, employees, contractors, officers, or 18 directors, or persons otherwise acting for, on behalf of, or in concert with, the other Cross-Defendants 19 named in this Cross-Complaint, and each of them are therefore legally responsible for the injuries and 20 damages to the Plaintiff or for other wrongful conduct, actual and threatened, alleged herein, and are 21 liable for the relief and remedies sought by the Plaintiff in this action. Cross-Complainants will seek 22 leave of the Court to amend this Cross-Complaint to allege the true names, capacities and relationships 23 of such fictitiously named Cross-Defendants, when such information has been ascertained and/or 24 becomes known. 25 5. Cross-Complainants are informed and believe and on that basis allege that at all times 26 herein mentioned in this Cross-Complaint, the Cross-Defendants, and each of them, acted in concert 27 with, and as agents, servants, employees, bailees, lessees, assignees, successors in interest and/or legal 28 representatives of the other Cross-Defendants, and each of them, and were acting within the course and 2 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 scope of said agency, service, employment, bailment, lease, assignment and/or successorship with the 2 knowledge, permission, consent, notification, and adoption of the other Cross-Defendants, and each of 3 them. 4 PLAINTIFF’S COMPLAINT 5 6. On or about January 24, 2022, Plaintiff filed her Verified Complaint (“Complaint”) 6 against Defendants/Cross-Complainants Leonard W. Stone III and Jessica L. Stone; Steven A. 7 Weinkauf, Trustee of the Steven A. Weinkauf Irrevocable Living Trust; and others. The Complaint 8 alleges that Weinkauf sought to avoid paying a monetary judgment obtained against him by the Plaintiff 9 by selling the Subject Property located at 196 Dardenelle Avenue, Pacifica, California, to the Stones. 10 7. Plaintiff’s Complaint asserts various causes of action seeking to cancel the transaction in 11 which the Subject Property was sold to the Stones, among other things. 12 FIRST CAUSE OF ACTION 13 Indemnification 14 (Against All Cross-Defendants, and Each of Them) 15 8. Cross-Complainants hereby incorporate by reference paragraphs 1 through 7, inclusive, 16 as though fully set forth herein. 17 9. Cross-Complainants expressly deny liability to Plaintiff, however, if Plaintiff prevails on 18 her claims, then the Cross-Defendants, and each of them, are legally responsible and liable for any and 19 all of Plaintiff’s damages or other losses suffered by Cross-Complainants as a result of the Complaint. 20 10. If Cross-Complainants are held liable on Plaintiff’s Complaint, such liability will be 21 based solely on (1) the intentional acts of the Cross-Defendants, and/or (2) other acts or omissions of the 22 Cross-Defendants, and each of them. 23 11. If Cross-Complainants are required to pay Plaintiff for damages related to the claims 24 asserted in the Complaint, the need for such payment of damages is primarily, actively and/or ultimately 25 caused by (1) the intentional acts of the Cross-Defendants, and/or (2) other acts or omissions of the 26 Cross-Defendants, and each of them. 27 12. As a result of the Cross-Defendants’ aforementioned (1) intentional acts, and/or (2) other 28 acts or omissions, Cross-Complainants have been (a) required to engage counsel to defend itself against 3 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 Plaintiffs’ Complaint, (b) will likely engage the services of experts, and (c) will otherwise be required to 2 expend fees and costs defending against Plaintiff’s Complaint. 3 13. Service of this Cross-Complaint on Cross-Defendants, and each of them, hereby 4 constitutes a demand that they defend Cross-Complainants against Plaintiff’s Complaint. 5 14. By reason of the foregoing, Cross-Complainants are entitled to total and complete 6 indemnification from the Cross-Defendants, and each of them, for any amounts that Cross-Complainant 7 may be required to pay to Plaintiff and for any costs, expenses, expert witness fees, and/or under 8 California Code of Civil Procedure Section 1021.6, any attorney’s fees, expended by Cross- 9 Complainants in defending themselves against Plaintiff’s claims. 10 WHEREFORE, Cross-Complainants pray for a judgment as set forth below. 11 SECOND CAUSE OF ACTION 12 Contribution 13 (Against All Cross-Defendants, and Each of Them) 14 15. Cross-Complainants hereby incorporates by reference paragraphs 1 through 14, inclusive, 15 as though fully set forth herein. 16 16. Cross-Complainants expressly deny liability to Plaintiff, however, if Cross-Complainants 17 are held liable to Plaintiff, or to anyone else, for damages as a result of the incidents and occurrences 18 alleged in the Complaint, the damages, if any, were either wholly or in part directly and proximately 19 caused by the negligence or culpable conduct of the Cross-Defendants, and each of them. 20 17. As a result, each Cross-Defendant should be required to pay a share of the damages that 21 are in proportion to the comparative responsibility of that Cross-Defendant in causing the damages and 22 should further be required to reimburse Cross-Complainants for any payment of damages in excess of its 23 proportional share, if any, of all parties’ responsibility for the damages. 24 THIRD CAUSE OF ACTION 25 Declaratory Relief 26 (Against All Cross-Defendants, and Each of Them) 27 18. Cross-Complainants hereby incorporates by reference paragraphs 1 through 17, inclusive, 28 as though fully set forth herein. 4 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 19. An actual controversy has arisen and now exists between Cross-Complainants, on the one 2 hand and the Cross-Defendants, and each of them, on the other hand, concerning their respective rights 3 with respect to Plaintiff’s claims in that each party claims that the other party should be responsible for 4 paying Plaintiff’s alleged damages. 5 20. Cross-Complainants are informed and believe and thereupon allege that the Cross- 6 Defendants, and each of them, dispute the contentions of the Cross-Complainants. 7 21. Cross-Complainants desire a judicial determination of its rights and duties, and a 8 declaration establishing that the Cross-Defendants, and each of them, are solely responsible for 9 Plaintiff’s alleged damages. 10 22. A judicial declaration is necessary and appropriate at this time so that the parties hereto 11 may ascertain which party or parties must satisfy Plaintiff’s damage claims. 12 PRAYER 13 WHEREFORE, Cross-Complainants pray for a judgment on its Cross-Complaint as follows: 14 On the First Cause of Action for Indemnification: 15 1. For total and complete indemnification for any amounts paid or to be paid by Cross- 16 Complainants as a result of Plaintiff’s claims and/or Complaint. 17 2. For total and complete indemnification against costs and attorneys’ fees reasonably 18 incurred by Cross-Complainants in defending against Plaintiff’s claims and/or Complaint. 19 On the Second Cause of Action for Contribution: 20 3. For a pro rata partial equitable indemnity and/or contribution against any portion of any 21 amounts paid or to be paid by Cross-Complainants as a result of Plaintiff’s claims and/or Complaint and 22 which do not fairly reflect the pro rata fault or responsibility, if any, of Cross-Complainants. 23 On the Third Cause of Action for Declaratory Relief: 24 4. For a judicial determination of the rights and duties of Cross-Complainants and/or, 25 5. For a Declaration establishing that the Cross-Defendants are solely responsible for paying 26 Plaintiff’s damages, if any, and/or for any amounts paid to defend Cross-Complainant against Plaintiff’s 27 claims and/or Complaint. 28 /// 5 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 On All Causes of Action: 2 6. For damages against the Cross-Defendants, and each of them according to proof at trial; 3 7. For costs of suit herein, together with any and all reasonable attorneys’ fees allowed by 4 law, and 5 8. For such other and further relief as the Court may deem just and proper. 6 7 Dated: March 4, 2022 FIDELITY NATIONAL LAW GROUP THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. 8 9 ________________________________________ 10 SCOTT D. LONG, ATTORNEYS FOR DEFENDANTS AND CROSS- 11 COMPLAINANTS LEONARD W. STONE III AND JESSICA L. STONE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD STONE AND JESSICA STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF 1 Quintero v. Stone, et al San Mateo County Superior Court Case No. 22-CIV-00190 2 PROOF OF SERVICE 3 I am employed in the County of Contra Costa, State of California. I am over the age of 4 18 years and not a party to the within action. My business address is 1550 Parkside Drive, Suite 5 300, Walnut Creek, California 94596. 6 On the date entered below, I served the within: 7 DEFENDANTS AND CROSS-COMPLAINANTS LEONARD W. STONE III AND JESSICA L. STONE’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION, 8 AND DECLARATORY RELIEF on the parties in said action by placing a true copy thereof as indicated below, addressed as 9 follows: 10 Counsel for Plaintiff Adriana J. Quintero 11 Bart I. Ring, Esq. The Ring Law Firm APLC 12 5550 Topanga Canyon Blvd, Suite 200 Woodland Hills, CA 91367 13 Tel.: (818) 587-9299 Email: bart@bartringlaw.com 14 15 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for collection and mailing at my place of business. Following ordinary business 16 practices, said correspondence will be deposited with the United States Postal Service at Walnut Creek, California, on the referenced date in the ordinary course of business. 17 There is delivery service by United States mail at the place so addressed in the City of Walnut Creek, County of Contra Costa, State of California. 18 BY OVERNIGHT MAIL: I caused such copies to be placed in envelopes designated 19 by the express carrier, Federal Express, with delivery fees provided for and deposited those envelopes in a pickup box regularly maintained by Federal Express. 20 BY EMAIL: I caused a PDF document to transmit via electronic mail to the email 21 addresses listed above. 22 BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressee(s).. 23 I declare under the penalty of perjury under the laws of the State of California, that the 24 foregoing is true and correct. 25 Executed on March 4, 2022, at Walnut Creek, California. 26 27 ___________________________________ Stacey Ruiz 28 PROOF OF SERVICE