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1 LAW OFFICES OF JOHN A. HAUSER
By: AMY K. PENNINGTON (238489)
2 One Pointe Drive, 6th Floor
3 Brea, CA 92821
Phone: (714) 571-0407 / Fax: (877) 369-5799
4 Direct Line: (714) 371-2310
E-Mail: amy.pennington@thehartford.com
5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282
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Attorneys for Cross-Complainant, SUNSET MECHANICAL & CONSTRUCTION, INC.
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF KERN - METRO
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11 ZURICH AMERICAN INSURANCE CASE NO. BCV-20-100473
COMPANY,
12 CROSS-COMPLAINT FOR EQUITABLE
Plaintiff, INDEMNITY; CONTRIBUTION; AND
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DECLARATORY RELIEF
14 vs.
15 DOES 1 through 50, inclusive,
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Defendants.
17 Date Action Filed: 2/20/2020
Trial Date: None Set
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19 HUGO GOMEZ,
20 Plaintiff-in-Intervention,
21 vs.
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PAVLETICH ELECTRIC &
23 COMMUNICATIONS, INC.; DOES 1 TO 50,
24 Defendants.
25 ______________________________________
26 SUNSET MECHANICAL &
CONSTRUCTION, INC.,
27
28 Cross-Complaint,
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_____________________________________________________________________________________________
CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 vs.
2 ZOES 1 through 50, Inclusive,
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Cross-Defendants.
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COMES NOW, Cross-Complainant, SUNSET MECHANICAL & CONSTRUCTION,
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INC., and for causes of action against Cross-Defendants, and each of them, alleges as follows:
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GENERAL ALLEGATIONS
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1. That at all times herein mentioned all and/or some of the parties were either
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residents of, were corporations and/or entities conducting business in and/or the incident alleged
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in plaintiff's complaint occurred within the County of Kern.
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2. The true names and capacities, whether individual, corporate, associate or
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otherwise of cross-defendants, ZOES 1 through 50, inclusive, are unknown to this cross-
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complainant who therefore sues said cross-defendants by such fictitious names and will ask leave
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to amend this cross-complaint to show their true names and capacities when the same is
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ascertained.
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3. Cross-Complainant is informed and believes, and thereon alleges, that each of the
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cross-defendants named herein and those designated herein as a ZOE is negligently or legally
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responsible in some manner for the happening herein referred to and whose acts or omissions
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were the proximate cause of the damages herein alleged.
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4. At all times herein mentioned, cross-defendants, and each of them, were the
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agents, employers, employees, joint venturers, partners, and/or associates of each other and at all
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times herein mentioned were acting within the course and scope of said employment, agency,
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joint venture, partnership, and/or association with the knowledge and permission of each and all
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of the other cross-defendants.
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5. That on or about February 20, 2020, Civil Action No. BCV-20-100473, entitled
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Zurich American Insurance Company vs. DOES 1 through 50, inclusive, was filed in the Kern
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County Superior Court alleging that the defendants therein were negligent or otherwise at fault
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and that such negligence or fault resulted in injuries or damages to the plaintiff. Plaintiff-in-
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CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 intervention HUGO GOMEZ subsequently filed a Complaint-in-intervention on May 19, 2021,
2 in the aforementioned action naming PAVLETICH ELECTRIC & COMMUNICATIONS, INC.,
3 and DOES 1-50 inclusive. Defendant-in-intervention/Cross-complainant Sunset Mechanical &
4 Construction, Inc. was named as DOE 4 thereafter on March 21, 2022.
5 6. The Summons and Complaint-in-intervention were served upon Defendant-in-
6 intervention, and an Answer to said Complaint-in-intervention has been filed on behalf of
7 defendant-in-intervention and cross-complainant, wherein cross-complainant has denied and
8 continues to deny, that it was in any way negligent, at fault, or otherwise responsible for any
9 damages which may be proved by plaintiff Zurich American International Company or plaintiff-
10 in-intervention, Hugo Gomez, herein, or that any act of cross-complainant proximately resulted
11 in any injury or damage to plaintiff Zurich American International Company or plaintiff-in-
12 intervention as alleged in the complaint-in-intervention.
13 7. In the event, however, that cross-complainant is held liable to plaintiff Zurich
14 American International Company or plaintiff-in-intervention, or any other party herein, for
15 negligence, indemnity or any other reason arising out of or relating to the damages allegedly
16 sustained by plaintiff-in-intervention, then cross-complainant alleges that cross-defendants, and
17 each of them, were also negligent and otherwise at fault in causing plaintiff's injuries, if any, and
18 that the actions of cross-defendants, and each of them, were a proximate cause of such injuries, if
19 any. As a result, cross-defendants are obligated to partially or fully indemnify cross-complainant
20 for sums which cross-complainant may be compelled to pay as a result of any damages,
21 judgment or other awards recovered by plaintiff Zurich American International Company or
22 plaintiff-in-intervention against cross-complainant.
23 8. By further reason of the foregoing, cross-complainant has reasonably incurred
24 legal and investigative expenses, including, but not limited to attorney's compensation and court
25 costs, and will continue to incur such advances in the preparation and presentation of this defense
26 in these proceedings, all of which cross-complainant is entitled to recover from cross-defendants,
27 and each of them.
28 ///
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CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 FIRST CAUSE OF ACTION - EQUITABLE INDEMNITY
2 (Against All Cross-Defendants)
3 9. Cross-complainant alleges and incorporates herein by this reference, each of the
4 allegations set forth in paragraphs 1 through 8 as though fully set forth herein.
5 10. Cross-complainant, by way of their Answer to Hugo Gomez’ Complaint-In-
6 Intervention, has denied and continues to deny the allegations of their liability to the plaintiff-in-
7 intervention and have asserted by way of Answer the appropriate affirmative defenses.
8 11. In the event, however, that the trier of fact concludes that the allegations of
9 plaintiff Zurich American International Company or plaintiff-in-intervention are true, and if
10 cross-complainant is held liable to plaintiff Zurich American International Company or plaintiff-
11 in-intervention in said action, then cross-complainant alleges that the acts and/or omissions of
12 cross-complainant were passive and secondary, while those of cross-defendants, and each of
13 them, were active, primary and superseding. Thus, as a direct, proximate and foreseeable result
14 of the wrongdoing of cross-defendants here, and each of them, cross-complainant is entitled to
15 indemnity from any and all liability adjusted against it by plaintiff Zurich American International
16 Company or plaintiff-in-intervention.
17 12. By reason of the foregoing, if plaintiff Zurich American International Company or
18 plaintiff-in-intervention should recover judgment against cross-complainant and/or if cross-
19 complainant should enter into a settlement of compromise with plaintiff Zurich American
20 International Company or plaintiff-in-intervention, then cross-complainant will be entitled to
21 judgment, in the like amount or in proportion to fault, for comparative indemnity over and
22 against cross-defendants, and each of them and, in addition, cross-complainant will be entitled to
23 recover from cross-defendants, and each of them, all costs, expenses and attorney's fees that
24 cross-complainant incurred in the preparation and presentation of their defense of the principal
25 action and incurred in the preparation, presentation and prosecution of this cross-complaint,
26 respectively.
27 ///
28 ///
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CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 SECOND CAUSE OF ACTION - CONTRIBUTION
2 (Against All Cross-Defendants)
3 13. Cross-complainant repeats and re-alleges each of the allegations contained in its
4 First Cause of Action and incorporates the same herein as though fully set forth at length.
5 14. Cross-complainant contends that if it is held liable to plaintiff Zurich American
6 International Company or plaintiff-in-intervention by virtue of the cross-complaint on file in the
7 underlying action, cross-complainant is entitled to contribution for the payment of any judgment
8 in favor of plaintiff Zurich American International Company or plaintiff-in-intervention in said
9 underlying action against cross-defendants, and each of them, in any liability, monies, or
10 judgment paid, in excess of the degree to which cross-complainant's culpability, fault or
11 responsibility, if any, contributed to the damages as alleged in plaintiff-in-intervention's
12 complaint, if any.
13 THIRD CAUSE OF ACTION - DECLARATORY RELIEF
14 (Against All Cross-Defendants)
15 15. Cross-complainant repeats and re-alleges each of the allegations contained in its
16 First and Second Causes of Action, and incorporates same herein as though fully set forth at
17 length.
18 16. A controversy has arisen and now exists between cross-complainant and cross-
19 defendants, and each of them, whereby cross-complainant contends that cross-defendants, and
20 each of them, must assume the defense of the action brought by plaintiff-in-intervention, and that
21 it is entitled to contribution for the payment of judgment or assessment of any liability from
22 cross-defendants, and each of them, in an amount proportionate to the percentage of fault or
23 responsibility of cross-defendants, and each of them, which bears to the whole of the fault or
24 responsibility of all parties or persons determined to be legally responsible for the injuries and
25 damages, if any, suffered by plaintiff Zurich American International Company or plaintiff-in-
26 intervention in the underlying actions.
27 17. Cross-complainant is informed and believes and upon such information and belief
28 alleges that cross-defendants, and each of them, deny that they have any duty to assume the
5
_____________________________________________________________________________________________
CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 defense of cross-complainant and deny they are in any way responsible for the events as alleged
2 in plaintiff-in-intervention's complaint, and that they will further deny that cross-complainant is
3 entitled to contribution and indemnity.
4 18. That by reason of the foregoing, the cross-complainant seeks a determination by
5 the court of its rights to be indemnified and to obtain a contribution from the cross-defendants,
6 and each of them, according to law and equity, and it is necessary for all the parties to ascertain
7 the rights and liabilities of each of the parties to the within action; that such a determination is
8 appropriate to avoid a multiplicity of suits and circuity of actions.
9 19. That cross-complainant has no other existing, adequate or proper remedy other
10 than herein prayed for by which the rights of the parties may be determined.
11 WHEREFORE, cross-complainant prays for judgment against cross-defendants, and each
12 of them, as follows:
13 1. That in the event a judgment or verdict is rendered in favor of the plaintiff Zurich
14 American International Company or plaintiff-in-intervention in the underlying action, the trier of
15 fact identify and declare the various percentages or ratios of responsibility or fault for the injuries
16 and damages, if any, of the plaintiff Zurich American International Company and plaintiff-in-
17 intervention, as among all parties to the complaint and cross-complaint herein;
18 2. That this Court declare that cross-complainant is entitled to contribution from
19 cross-defendants, and each of them, for that proportion of damages as their fault or responsibility
20 be to the total amount of fault or responsibility of the parties or persons herein in the amount of
21 monies that the said proportion will equal;
22 3. That the cross-defendants, and each of them, be required to indemnify cross-
23 complainant for any and all liability and damages which may be assessed in this case against
24 cross-complainant, in proportion to the negligence and fault of the cross-defendants, and each of
25 them, which was the proximate cause of such injuries and damages as may be proved herein;
26 4. For costs of suit and legal and investigative expenses reasonably incurred by
27 cross-complainant in the preparation of its defense in these proceedings, including, but not
28 limited to reasonable attorneys' fees; and
6
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CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
1 5. For such other and further relief as the Court may deem just and proper.
2
3 Dated: April 14, 2022 LAW OFFICES OF JOHN A. HAUSER
4
5
BY: ___________________________
6 AMY K. PENNINGTON
Attorneys for Defendant-in-Intervention/Cross-
7 Complainant, SUNSET MECHANICAL &
8 CONSTRUCTION, INC.
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CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF
PROOF OF SERVICE
1 ZURICH AMERICAN INSURANCE COMPANY v. DOES 1 through 50, inclusive
Case No. BCV-20-100473
2
3 I am over the age of eighteen years and not a party to this action. My business address is:
Law Offices of John A. Hauser, One Pointe Drive, 6th Fl, Brea, CA 92821; email address:
4 Karen.Woodhead@thehartford.com.
5
On April 14, 2022, I served a true and correct copy of the following document(s), on the
6 interested party/parties identified on the attached Service List:
7 CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND
8 DECLARATORY RELIEF
9 Based on applicable law or statute, including California Rule of Court 2.251(C)(3) and/or
Code of Civil Procedure § 1010.6), or an agreement of the parties to accept service by electronic
10 transmission, I electronically served the document(s) on the interested party/parties on the
11 attached Service List.
12 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
13
14 Date: April 14, 2022
15
16
17 __________________________________
KAREN WOODHEAD
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20 For purposes of serving documents on the Law Offices of John A. Hauser, please use
the email address for the attorney of record (amy.pennington@thehartford.com) and
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LawOfficesHauser@thehartford.com.
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PROOF OF SERVICE
Service List
1 ZURICH AMERICAN INSURANCE COMPANY v. DOES 1 through 50, inclusive
Case No. BCV-20-100473
2
3 Partick M. Quigley, Esq.
Canon T. Young, Esq.
4 MORALES, FIERRO & REEVES
2151 Salvio Street, Suite 280
5
Concord, CA 94520
6 Tel: (925) 288-1776; Fax: (925) 288-1856
EMail: pquigley@mfrlegal.com; cyoung@mfrlegal.com
7 Attorneys for Plaintiff, ZURICH AMERICAN INSURANCE COMPANY
8
Ernest A. Vargas, Esq.
9 LAW OFFICES OF VARGAS & VARGAS
310 North Lake Avenue, Suite 120
10 Pasadena, CA 91101-4108
11 Tel: (626) 440-1111; Fax: (626) 440-9456
Attorney for Plaintiff-In-Intervention, HUGO GOMEZ
12
Patrick K. O'Brien, Esq.
13 Steve Pabros, Esq.
14 Zsuzsanna Veres, Esq.
O'BRIEN LAW P.C.
15 755 Baywood Drive, Suite 185
Petaluma, CA 94954
16 Tel: (707) 789-6500; Fax: (707) 789-6520
17 EMails: patrick@pobrienlaw.com; steve@pobrienlaw.com; suzie@pobrienlaw.com;
tania@pobrienlaw.com
18 Attorneys for Defendant, PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
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PROOF OF SERVICE
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1 LAW OFFICES OF JOHN A. HAUSER By: AMY K. PENNINGTON (238489) 2 One Pointe Drive, 6th Floor 3 Brea, CA 92821 Phone: (714) 571-0407 / Fax: (877) 369-5799 4 Direct Line: (714) 371-2310 E-Mail: amy.pennington@thehartford.com 5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282 6 Attorneys for Cross-Complainant, SUNSET MECHANICAL & CONSTRUCTION, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN - METRO 10 11 ZURICH AMERICAN INSURANCE CASE NO. BCV-20-100473 COMPANY, 12 CROSS-COMPLAINT FOR EQUITABLE Plaintiff, INDEMNITY; CONTRIBUTION; AND 13 DECLARATORY RELIEF 14 vs. 15 DOES 1 through 50, inclusive, 16 Defendants. 17 Date Action Filed: 2/20/2020 Trial Date: None Set 18 19 HUGO GOMEZ, 20 Plaintiff-in-Intervention, 21 vs. 22 PAVLETICH ELECTRIC & 23 COMMUNICATIONS, INC.; DOES 1 TO 50, 24 Defendants. 25 ______________________________________ 26 SUNSET MECHANICAL & CONSTRUCTION, INC., 27 28 Cross-Complaint, 1 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 vs. 2 ZOES 1 through 50, Inclusive, 3 Cross-Defendants. 4 5 COMES NOW, Cross-Complainant, SUNSET MECHANICAL & CONSTRUCTION, 6 INC., and for causes of action against Cross-Defendants, and each of them, alleges as follows: 7 GENERAL ALLEGATIONS 8 1. That at all times herein mentioned all and/or some of the parties were either 9 residents of, were corporations and/or entities conducting business in and/or the incident alleged 10 in plaintiff's complaint occurred within the County of Kern. 11 2. The true names and capacities, whether individual, corporate, associate or 12 otherwise of cross-defendants, ZOES 1 through 50, inclusive, are unknown to this cross- 13 complainant who therefore sues said cross-defendants by such fictitious names and will ask leave 14 to amend this cross-complaint to show their true names and capacities when the same is 15 ascertained. 16 3. Cross-Complainant is informed and believes, and thereon alleges, that each of the 17 cross-defendants named herein and those designated herein as a ZOE is negligently or legally 18 responsible in some manner for the happening herein referred to and whose acts or omissions 19 were the proximate cause of the damages herein alleged. 20 4. At all times herein mentioned, cross-defendants, and each of them, were the 21 agents, employers, employees, joint venturers, partners, and/or associates of each other and at all 22 times herein mentioned were acting within the course and scope of said employment, agency, 23 joint venture, partnership, and/or association with the knowledge and permission of each and all 24 of the other cross-defendants. 25 5. That on or about February 20, 2020, Civil Action No. BCV-20-100473, entitled 26 Zurich American Insurance Company vs. DOES 1 through 50, inclusive, was filed in the Kern 27 County Superior Court alleging that the defendants therein were negligent or otherwise at fault 28 and that such negligence or fault resulted in injuries or damages to the plaintiff. Plaintiff-in- 2 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 intervention HUGO GOMEZ subsequently filed a Complaint-in-intervention on May 19, 2021, 2 in the aforementioned action naming PAVLETICH ELECTRIC & COMMUNICATIONS, INC., 3 and DOES 1-50 inclusive. Defendant-in-intervention/Cross-complainant Sunset Mechanical & 4 Construction, Inc. was named as DOE 4 thereafter on March 21, 2022. 5 6. The Summons and Complaint-in-intervention were served upon Defendant-in- 6 intervention, and an Answer to said Complaint-in-intervention has been filed on behalf of 7 defendant-in-intervention and cross-complainant, wherein cross-complainant has denied and 8 continues to deny, that it was in any way negligent, at fault, or otherwise responsible for any 9 damages which may be proved by plaintiff Zurich American International Company or plaintiff- 10 in-intervention, Hugo Gomez, herein, or that any act of cross-complainant proximately resulted 11 in any injury or damage to plaintiff Zurich American International Company or plaintiff-in- 12 intervention as alleged in the complaint-in-intervention. 13 7. In the event, however, that cross-complainant is held liable to plaintiff Zurich 14 American International Company or plaintiff-in-intervention, or any other party herein, for 15 negligence, indemnity or any other reason arising out of or relating to the damages allegedly 16 sustained by plaintiff-in-intervention, then cross-complainant alleges that cross-defendants, and 17 each of them, were also negligent and otherwise at fault in causing plaintiff's injuries, if any, and 18 that the actions of cross-defendants, and each of them, were a proximate cause of such injuries, if 19 any. As a result, cross-defendants are obligated to partially or fully indemnify cross-complainant 20 for sums which cross-complainant may be compelled to pay as a result of any damages, 21 judgment or other awards recovered by plaintiff Zurich American International Company or 22 plaintiff-in-intervention against cross-complainant. 23 8. By further reason of the foregoing, cross-complainant has reasonably incurred 24 legal and investigative expenses, including, but not limited to attorney's compensation and court 25 costs, and will continue to incur such advances in the preparation and presentation of this defense 26 in these proceedings, all of which cross-complainant is entitled to recover from cross-defendants, 27 and each of them. 28 /// 3 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 FIRST CAUSE OF ACTION - EQUITABLE INDEMNITY 2 (Against All Cross-Defendants) 3 9. Cross-complainant alleges and incorporates herein by this reference, each of the 4 allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 5 10. Cross-complainant, by way of their Answer to Hugo Gomez’ Complaint-In- 6 Intervention, has denied and continues to deny the allegations of their liability to the plaintiff-in- 7 intervention and have asserted by way of Answer the appropriate affirmative defenses. 8 11. In the event, however, that the trier of fact concludes that the allegations of 9 plaintiff Zurich American International Company or plaintiff-in-intervention are true, and if 10 cross-complainant is held liable to plaintiff Zurich American International Company or plaintiff- 11 in-intervention in said action, then cross-complainant alleges that the acts and/or omissions of 12 cross-complainant were passive and secondary, while those of cross-defendants, and each of 13 them, were active, primary and superseding. Thus, as a direct, proximate and foreseeable result 14 of the wrongdoing of cross-defendants here, and each of them, cross-complainant is entitled to 15 indemnity from any and all liability adjusted against it by plaintiff Zurich American International 16 Company or plaintiff-in-intervention. 17 12. By reason of the foregoing, if plaintiff Zurich American International Company or 18 plaintiff-in-intervention should recover judgment against cross-complainant and/or if cross- 19 complainant should enter into a settlement of compromise with plaintiff Zurich American 20 International Company or plaintiff-in-intervention, then cross-complainant will be entitled to 21 judgment, in the like amount or in proportion to fault, for comparative indemnity over and 22 against cross-defendants, and each of them and, in addition, cross-complainant will be entitled to 23 recover from cross-defendants, and each of them, all costs, expenses and attorney's fees that 24 cross-complainant incurred in the preparation and presentation of their defense of the principal 25 action and incurred in the preparation, presentation and prosecution of this cross-complaint, 26 respectively. 27 /// 28 /// 4 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 SECOND CAUSE OF ACTION - CONTRIBUTION 2 (Against All Cross-Defendants) 3 13. Cross-complainant repeats and re-alleges each of the allegations contained in its 4 First Cause of Action and incorporates the same herein as though fully set forth at length. 5 14. Cross-complainant contends that if it is held liable to plaintiff Zurich American 6 International Company or plaintiff-in-intervention by virtue of the cross-complaint on file in the 7 underlying action, cross-complainant is entitled to contribution for the payment of any judgment 8 in favor of plaintiff Zurich American International Company or plaintiff-in-intervention in said 9 underlying action against cross-defendants, and each of them, in any liability, monies, or 10 judgment paid, in excess of the degree to which cross-complainant's culpability, fault or 11 responsibility, if any, contributed to the damages as alleged in plaintiff-in-intervention's 12 complaint, if any. 13 THIRD CAUSE OF ACTION - DECLARATORY RELIEF 14 (Against All Cross-Defendants) 15 15. Cross-complainant repeats and re-alleges each of the allegations contained in its 16 First and Second Causes of Action, and incorporates same herein as though fully set forth at 17 length. 18 16. A controversy has arisen and now exists between cross-complainant and cross- 19 defendants, and each of them, whereby cross-complainant contends that cross-defendants, and 20 each of them, must assume the defense of the action brought by plaintiff-in-intervention, and that 21 it is entitled to contribution for the payment of judgment or assessment of any liability from 22 cross-defendants, and each of them, in an amount proportionate to the percentage of fault or 23 responsibility of cross-defendants, and each of them, which bears to the whole of the fault or 24 responsibility of all parties or persons determined to be legally responsible for the injuries and 25 damages, if any, suffered by plaintiff Zurich American International Company or plaintiff-in- 26 intervention in the underlying actions. 27 17. Cross-complainant is informed and believes and upon such information and belief 28 alleges that cross-defendants, and each of them, deny that they have any duty to assume the 5 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 defense of cross-complainant and deny they are in any way responsible for the events as alleged 2 in plaintiff-in-intervention's complaint, and that they will further deny that cross-complainant is 3 entitled to contribution and indemnity. 4 18. That by reason of the foregoing, the cross-complainant seeks a determination by 5 the court of its rights to be indemnified and to obtain a contribution from the cross-defendants, 6 and each of them, according to law and equity, and it is necessary for all the parties to ascertain 7 the rights and liabilities of each of the parties to the within action; that such a determination is 8 appropriate to avoid a multiplicity of suits and circuity of actions. 9 19. That cross-complainant has no other existing, adequate or proper remedy other 10 than herein prayed for by which the rights of the parties may be determined. 11 WHEREFORE, cross-complainant prays for judgment against cross-defendants, and each 12 of them, as follows: 13 1. That in the event a judgment or verdict is rendered in favor of the plaintiff Zurich 14 American International Company or plaintiff-in-intervention in the underlying action, the trier of 15 fact identify and declare the various percentages or ratios of responsibility or fault for the injuries 16 and damages, if any, of the plaintiff Zurich American International Company and plaintiff-in- 17 intervention, as among all parties to the complaint and cross-complaint herein; 18 2. That this Court declare that cross-complainant is entitled to contribution from 19 cross-defendants, and each of them, for that proportion of damages as their fault or responsibility 20 be to the total amount of fault or responsibility of the parties or persons herein in the amount of 21 monies that the said proportion will equal; 22 3. That the cross-defendants, and each of them, be required to indemnify cross- 23 complainant for any and all liability and damages which may be assessed in this case against 24 cross-complainant, in proportion to the negligence and fault of the cross-defendants, and each of 25 them, which was the proximate cause of such injuries and damages as may be proved herein; 26 4. For costs of suit and legal and investigative expenses reasonably incurred by 27 cross-complainant in the preparation of its defense in these proceedings, including, but not 28 limited to reasonable attorneys' fees; and 6 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF 1 5. For such other and further relief as the Court may deem just and proper. 2 3 Dated: April 14, 2022 LAW OFFICES OF JOHN A. HAUSER 4 5 BY: ___________________________ 6 AMY K. PENNINGTON Attorneys for Defendant-in-Intervention/Cross- 7 Complainant, SUNSET MECHANICAL & 8 CONSTRUCTION, INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 _____________________________________________________________________________________________ CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND DECLARATORY RELIEF PROOF OF SERVICE 1 ZURICH AMERICAN INSURANCE COMPANY v. DOES 1 through 50, inclusive Case No. BCV-20-100473 2 3 I am over the age of eighteen years and not a party to this action. My business address is: Law Offices of John A. Hauser, One Pointe Drive, 6th Fl, Brea, CA 92821; email address: 4 Karen.Woodhead@thehartford.com. 5 On April 14, 2022, I served a true and correct copy of the following document(s), on the 6 interested party/parties identified on the attached Service List: 7 CROSS-COMPLAINT FOR EQUITABLE INDEMNITY; CONTRIBUTION; AND 8 DECLARATORY RELIEF 9 Based on applicable law or statute, including California Rule of Court 2.251(C)(3) and/or Code of Civil Procedure § 1010.6), or an agreement of the parties to accept service by electronic 10 transmission, I electronically served the document(s) on the interested party/parties on the 11 attached Service List. 12 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 13 14 Date: April 14, 2022 15 16 17 __________________________________ KAREN WOODHEAD 18 19 20 For purposes of serving documents on the Law Offices of John A. Hauser, please use the email address for the attorney of record (amy.pennington@thehartford.com) and 21 LawOfficesHauser@thehartford.com. 22 23 24 25 26 27 28 1 _____________________________________________________________________________________________ PROOF OF SERVICE Service List 1 ZURICH AMERICAN INSURANCE COMPANY v. DOES 1 through 50, inclusive Case No. BCV-20-100473 2 3 Partick M. Quigley, Esq. Canon T. Young, Esq. 4 MORALES, FIERRO & REEVES 2151 Salvio Street, Suite 280 5 Concord, CA 94520 6 Tel: (925) 288-1776; Fax: (925) 288-1856 EMail: pquigley@mfrlegal.com; cyoung@mfrlegal.com 7 Attorneys for Plaintiff, ZURICH AMERICAN INSURANCE COMPANY 8 Ernest A. Vargas, Esq. 9 LAW OFFICES OF VARGAS & VARGAS 310 North Lake Avenue, Suite 120 10 Pasadena, CA 91101-4108 11 Tel: (626) 440-1111; Fax: (626) 440-9456 Attorney for Plaintiff-In-Intervention, HUGO GOMEZ 12 Patrick K. O'Brien, Esq. 13 Steve Pabros, Esq. 14 Zsuzsanna Veres, Esq. O'BRIEN LAW P.C. 15 755 Baywood Drive, Suite 185 Petaluma, CA 94954 16 Tel: (707) 789-6500; Fax: (707) 789-6520 17 EMails: patrick@pobrienlaw.com; steve@pobrienlaw.com; suzie@pobrienlaw.com; tania@pobrienlaw.com 18 Attorneys for Defendant, PAVLETICH ELECTRIC & COMMUNICATIONS, INC. 19 20 21 22 23 24 25 26 27 28 2 _____________________________________________________________________________________________ PROOF OF SERVICE