Prior to flying to Los Angeles, ARMSTRONG had, reached an agreement with Flynn on a monetary figure to settle, Armstrong I, but did not know any of the other conditions of, 12. complaint for civil penalties, permanent injunction and other equitable relief for . the hearing of that date: " So my belief is Judge Breckenridge, being a very, careful judge, follows about the same practice and if he, had been presented that whole agreement and if he had, been asked to order its performance, he would have dug, his feet in because that is one of the [ ] most, ambiguous, one-sided agreements I have ever read. Service of a cross-complaint in California is essential to making the claims. Websample language to use in pleading paper Answers. Agreements, Sale When ARMSTRONG disagreed, Heller reiterated, at the end of the conversation that if ARMSTRONG started to, testify, for example about the Hubbard biography project, or, things he and Scientology considered irrelevant, he would be sued, 35. In answer to ARMSTRONG's objections to the, settlement agreement Flynn said that the silence and liquidated, damages clauses, and anything which called for obstruction of, justice were "not worth the paper they [were] printed on." Armstrong I, 61. Operating Agreements, Employment Laurel Sullivan. That motion, in which Scientology, sought from ARMSTRONG $100,000.00 in damages for his responses to, Scientology attacks, was denied If the charges in the cross-complaint involve the same set of facts set out in the complaint, the defendant has no choice. Since, ARMSTRONG had no intention of attacking Scientology, he understood. After, leaving Hubbard's and the organization's employ and control in, December 1981, ARMSTRONG was declared by Scientology to be, "Suppressive Person," If the 30th calendar day happens to fall on a weekend or on a court holiday, the deadline is extended until the next business day. Search deputy clerk . Will, All (e) Failure to answer complaint. Examine its applicability in the state you live. These acts must, (For Abuse Of Process Against All Defendants), 57. If you are familiar with our service and already have an account, you need to ensure your subscription is active prior to obtaining any templates. Scientology's, filing of the affidavit, its use of the courts, and the campaign, to destroy ARMSTRONG's reputation have caused ARMSTRONG great, 45. Websample language to use in pleading paper Answers. Forms, Small Cross-complainant ARMSTRONG realleges paragraphs 1, through 56, inclusive, and incorporates them by reference herein, 58. 3. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver. Sales, Landlord The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. Flynn stated, that Scientology's attorneys had promised that the affidavit, ARMSTRONG considered false would only be used by Scientology if, ARMSTRONG began attacking it after the settlement. On January 18, 1990 ARMSTRONG received a copy of. All of Scientology's accusations regarding ARMSTRONG in, the affidavits filed in Miller are false, known by Scientology to, be false, malicious and intended to destroy ARMSTRONG's, credibility. She says you did it; you say you didn't. Essentially, the defendant filing a cross-complaint turns the tables on the plaintiff by alleging that her improper, illegal, negligent or willful action caused him damage. If you use one of these, just be to check the "cross-complaint" box instead of the "complaint" box. to prevent Armstrong's deposition in Corydon from going forward, that Armstrong should be represented by a Scientology lawyer, that, to maintain the settlement agreement ARMSTRONG could only answer, questions by court order, that ARMSTRONG should refuse to answer, the deposition questions and force Corydon to get an order from. Attorney, Terms of Scientology's statements filed in. July 1, 2009] SUMMONSCROSS-COMPLAINT Code of Civil Procedure, 412.20, 428.60, 465 www.courtinfo.ca.gov [SEAL] SUM-110 Page 1 of 1 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 a copy served on the Flynn told ARMSTRONG, that if he didn't sign the documents all he had to look forward to, was more years of harassment and misery. The reporter said that Scientology representatives were, claiming that ARMSTRONG was an agent provocateur who tried to, plant forged Directive, Power Use the Seach field above to locate another template if the current one didn't suit you. On February 9, 1987 Scientology filed a Notice, of Appeal from the orders issued pursuant to stipulation by Judge, 20. in damages. A complaint also describes the basic outlines of the plaintiff's claims, enough to let the defendants and the court know what happened, when it happened and the type and extent of the injury she suffered from that conduct. A defendant can respond to a summons and complaint filed on her by making any of a number of different motions to the court within the time limit to respond to the summons. Contractors, Confidentiality Trust, Living Sale, Contract For general and compensatory damages according to proof. February 28, 1990, and in the CCP 428.60. of Attorney, Personal || Agreements, Corporate WebSample Cross-Complaint for Indemnity for California - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. removed his lawyers from defending him, and used his lead lawyer, Flynn, as their agent to relay to ARMSTRONG threats of litigation, and to keep him from responding to their attacks. Liens, Real Sale, Contract III. B025920 in Division Three of the Second, Appellate District in the California Court of Appeal wherein. lawyer, Michael J. Flynn of Boston, Massachusetts, hereinafter "Flynn," who had been the prime mover, in much of the Then, when you should employ this blank again, you'll constantly be able to find it in the My Forms menu. declaration, The preliminary tasks plaintiffs and defendants must complete.The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. 11. Cross-complainant has suffered damage, loss and harm, including but not limited to his reputation, his emotional, 62. I know the contents of the foregoing Amended, Cross-Complaint I certify that the same is true of my own, knowledge, except as to the matters which are therein stated upon, my information and belief, and as to those matters, I believe them, to be true. Stick to the steps concerning how to fill in CA PLD-PI-002: Click the orange key to open the CA PLD-PI-002. Any other cross-complaint maybe filed before the court has set a trial date. If you file an answer first, you will have to file complicated paperwork to ask the judge for permission to file your cross-complaint. Guide, Incorporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF TRAVERTINE JOHN GREEN, Plaintiff, vs. MAUDE WHITE and DOES 1 WebUnder the provisions of California Code of Civil Procedure section 431.30, Defendant denies, both generally and specifically, each and every allegation contained in the entrapment, theft of private papers and original artwork, dissemination of information from his confidential "counseling". He said, that Scientology wanted peace and unless ARMSTRONG signed, Scientology's documents there would be no peace. San Anselmo, California 94960-1949 to say that the settlement documents should remain sealed. How to decide whether to file a claim against the plaintiff if it is not related to the original facts in the complaint? Cross-Complainant GERALD ARMSTRONG alleges as follows: 1. that he had, filed in the Court of Appeal was used by Corydon as an exhibit, supporting a motion for an order directing non-interference with, witnesses. In early April, 1990 ARMSTRONG received a call from, Scientology lawyer Eric Lieberman who threatened dire consequences, if ARMSTRONG continued to speak out against Scientology in, violation of the settlement agreement. You don't have to serve the plaintiff with a summons since she is already a party to the suit. 21. Said, lawsuit is without merit and is yet another part of the on-going, Fair Game activity that Scientology has historically directed, against ARMSTRONG which uses the legal system as an engine to. bodily by a car driven by one of these individuals; having two attempts made by said individuals apparently, to involve Defendant Armstrong in a freeway automobile, accident; having said individuals come onto Defendant, Armstrong's property, spy in his windows, create, The August 1991 surveillance of ARMSTRONG by Scientology, operatives was intended to and caused ARMSTRONG severe shock and, 48. Scientology's acts against, ARMSTRONG have affected every aspect of his life, taken from him. 2. Armstrong That means it must be handed to him personally by someone other than the plaintiff, but other means of service can be used if personal service is impossible. of Directors, Bylaws Scientology On December 11, 1986, pursuant to stipulation, Judge Breckenridge issued orders dismissing the Armstrong I Cross-, Complaint, directing that the settlement agreement be filed and, retained by the clerk under seal, releasing to Scientology all, trial exhibits and other documents which had been held by the, clerk of the Court, and sealing the entire Court file. '", Scientology filed the ARMSTRONG affidavit in the COST case for the, purpose of destroying his credibility and in violation of the, representation Scientology had Flynn make to ARMSTRONG during, settlement that such affidavit would never be used unless, ARMSTRONG attacked Scientology after settlement. Berkeley's Boalt Hall. Estate, Public Cross-Complainant and Defendant [PARTY NAME] (Cross-Complainant) is an individual over the age of 18 years and a resident of the County of [COUNTY], State of California. Attorney, Terms of A-Z, Form Web888-926-7855 Required Field 24/7 Help: (888) 926-7855 Before you call us: Please note: Our firm onlyhandles criminal and DUI cases, and only in California. A Memorandum of Intended The law about cross-complaints in California is set out in the California Code of Civil Procedure, section 428. In addition to one of these responsive pleadings, the defendant can file a cross-complaint against the plaintiff and also against anyone else if the claims arise from the same circumstances. Box 762 DEL MAR, CA 92014 P: (858) 261- 0648 | PROCESS, on the following person(s) on the date set forth below, by placing, a true copy thereof enclosed in a sealed envelope with postage, thereon fully prepaid to be placed in the United States Mail at, MICHAEL WALTON ARMSTRONG'S refusal to answer, Scientology would indemnify him. brought Make use of the Preview solution or browse the document description (if available) to rest assured that the sample is the one you need. It is a short form telling the defendant that he has been sued, providing the court address and the case number. var path = 'hr' + 'ef' + '='; Due to the unity of personnel, commingling of assets, and, commonality of business objectives, these Cross-Defendants', attempts at separation of these corporations should be, 6. //--> Planning, Wills It's important to get these terms straight before you leap into a cross-complaint discussion. Will, All If you have claims against the person suing you, you can also file a cross agents of California ("CSC") as Plaintiff, filed a lawsuit, No. Scientology has, for over a decade, waged a. campaign of hatred and psychological violence Flynn stated that he had advised Scientology's lawyers that those, conditions in the settlement agreement were not worth the paper, they were printed on, but that Scientology, nevertheless, insisted, on their inclusion and would not agree to any changes. ARMSTRONG filed a declaration in Aznaran dated September 3, 1991, detailing the lies Scientology had up to that time filed about him. Change, Waiver (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired. Forms, Independent Cross-Complaints: A cross-complaint, if one needs to be filed, must be filed before or at the time of the defendant's answer. Such. The moment, he began working in Greene's office Scientology began to terrorize, him with constant surveillance by Scientology intelligence, operatives, videotaped him, embarrassed him, caused disturbances, in the neighborhood of Greene's law firm, and caused him great, fear. (CCP 428.50 (b).) If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint. (CCP 426.50, 428.50 (c).) Permission to file a permissive cross-complaint may be granted in the interest of justice at any time during the course of the action. Order Specials, Start A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint. Civ. FORD GREENE Cross-Defendant DAVID MISCAVIGE, hereinafter, "MISCAVIGE," is an individual domiciled in the State of, 4. Cross-Complainant and Defendant [PARTY NAME] (Cross-Complainant) is an individual over the age of 18 years and a resident of the County of [COUNTY], State of California. sham 2. Judge Dufficy of the Marin Superior Court, then presiding over the, Armstrong II litigation, refused to hear Scientology's effort to. The Property is located within the County of Marin, State of CALIFORNIA with an address of 65 Mariners Cir., San Rafael, CA 94903. The opening salvo in a lawsuit in California is called a complaint. Agreements, LLC > > Read More.. Local Rules Regarding which had been sealed in the Armstrong I, court file. document.getElementById('cloak73351').innerHTML += '' +addy73351+'<\/a>'; Corporation. A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint. prohibition so they could provide him with needed declarations. responsible for the acts and occurrences hereinafter alleged. The effort, however, demonstrates Scientology's intention: create a scenario in which, ARMSTRONG responds to Scientology attacks and then have him jailed. Fair Game. ARMSTRONG believed that Scientology would have the, opportunity its lawyers said it desired to clean up its act, and, start anew. continued from the date of the settlement to, collect intelligence information on ARMSTRONG, to consider him an, enemy and to treat him as Fair Game. Divorce, Separation WebCross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the Estate, Public Release of All, Claims and Settlement Agreement, To begin, complete your enrollment procedure by adding your e-mail and making a secret password. Scientology stated in, "The infiltration of the [Scientology] was planned by, the LA CID along with former [Scientology] member Gerald, Armstrong, who planned to seed [Scientology] files with, forged documents which the IRS could then seize in a, raid. Agreements, Bill A party must obtain leave of court to file a crosscomplaint once a trial date has been set. intention, form, and effect was an act of Fair Game. of Sale, Contract 22. cross complaint for indemnity and contribution california, motion for leave to file cross complaint california, amendment to cross-complaint form los angeles. I declare under penalty of perjury under the of Incorporation, Shareholders against Gerald Armstrong, Defendant; Bent Corydon, Appellee, No. A cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit. If the plaintiff also owes the defendant money from a loan, he can, but isn't obligated to, raise that in a cross-complaint. Agreements, Bill of On August 12, 1991 Scientology On July 8, 1988 the Internal Revenue Service issued, a document entitled "final adverse ruling" to a Scientology, corporate entity named Church of Spiritual Technology ("CST"), denying its application for tax exempt status. How to Respond to a Summons in California, How to Beat a Speeding Ticket in California, Justia: California Code of Civil Procedure, Pleadings in Civil Actions, Sacramento Law Library: File a Written Response with the Court Answering Your Summons and Complaint, Find Law: California Code, Code of Civil Procedure - CCP 581. of, articles in the Los 208859 E-mail: bmora@moraelaw.com MORA EMPLOYMENT LAW, APC 18 Crow Canyon Court, Suite 205 San Ramon, California 94583 Telephone: 925.820.8949 Facsimile: 925.820.0278 Attorneys for Plaintiff-Intervenor Ayesha Faiz 206051 After that time has passed, the party will require leave from the court to file a cross-complaint. of Attorney, Personal Agreements, Letter Records, Annual WebFirst Amended Complaint for Declaratory and Injunctive Relief (3:18-cv-01865) INTRODUCTION ; 1. The transactions and events which are the subject matter of this Complaint all occurred within the County of Marin, State of CALIFORNIA. of the proceedings in Armstrong I, In consummate cynicism Scientology claims its purpose, in the settlement was to make peace. fully prepaid to be placed in the United Appellants' Opening Brief which Scientology had filed December 21, 1989 in appeal No. This sample stipulations and orders for California contains nine (9) separate stipulations and orders (1) stipulation and order to vacate a default and default judgment, (2) stipulation and order to continue trial date and discovery cutoff dates, (3) stipulation and order for extension of time to plead, (4) stipulation and order for leave to You cannot serve the lawsuit yourself. Therefore, the cross-complainant requests the difference he/she was required to pay to other suppliers for the replacement of goods and the price that the cross-defendant agreed to supply the goods under the contract. But, technically, the claims you are making against the plaintiff are in fact counterclaims. Log in to your account, choose the document, and click Download. On July 23, 1993, Scientology filed the instant, lawsuit against surveillance, videotaping and Scientology terror tactics. You have to have all papers "served" on every party in the lawsuit. On Attorney of Represented Party Whenever a Rather, it means that the defendant must file a pleading in response, usually an answer to the complaint. case no. Web3. Center, Small Will, All from U.C. of Incorporation, Shareholders 2. Flynn stated to ARMSTRONG that a major reason for, the settlement's "global" form was to give Scientology the, opportunity to change its combative attitude and behavior by, removing the threat he and his clients represented to it. & Resolutions, Corporate Will, Advanced The most common response is to file an answer, but other possible pleadings include a general denial, a demurrer, a motion to strike and a motion to transfer venue. At all times herein mentioned, each Cross-Defendant, was the agent, employee or coconspirator of each of the remaining, Cross-Defendants, and in doing the things herein mentioned, each, Cross-Defendant was acting within the course and scope of its, employment and authority as such agent and/or representative, and/or employee and/or coconspirator, and with the consent of the, 5. General Denial the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court Agreements, Sale In either case, a cross-complaint is an affirmative pleading you file in response to a complaint filed against you. & Estates, Corporate - BC 084 642, (hereinafter "Armstrong III") in retaliation for ARMSTRONG's, continuing to publicly speak out in the news media on the subject, of Scientology and its practices and for filing a declaration on, behalf of a defendant, Lawrence Wollersheim, whom Scientology had, 55. Buy precise copies from just one trusted platform! I caused such envelope with postage thereon Sales, Landlord Scientology used therein a false rendition, of the 1984 illegal videotaping of ARMSTRONG, which videotape had, been sealed in the Armstrong I court file. B038975 in which Scientology sought a reversal of Judge. Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit.In California, where counterclaim is abolished, cross-complaint is defined broadly. Contractors, Confidentiality ( Cal. For example, if you are the defendant and you cross-complain against them for rear-ending your car, they can cross-complain against you for negligence in the auto accident or for any other claim they have against you. were not designed, specifically, the, suppression of evidence, the obstruction of justice, the, assassination of cross-complainant's reputation, and retaliation, against said cross-complainant for prevailing at trial in, Armstrong I, and for continuing to publicly speak out on the, subject of Scientology, all so as to be able to attack cross-, complainant and prevent cross-complainant from being able to take, 59. of Incorporation, Shareholders A motion is a request one of the parties makes to the court, seeking a particular action. Cult Media|| accomplish a purpose for, which said 0 When you have a US Legal Forms subscription, just log in account and then click the Download button you can find on the fors page. (i) No dismissal of an action may be made or entered, or both, under paragraph (1) of subdivision (b) where affirmative relief has been sought by the cross-complaint of a defendant or if there is a motion pending for an order transferring the action to another court under the provisions of Section 396b. WebA cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon the cross j6FmCv%4Yd^0o'1 &^"O"%BzMa-0;%xfNW} Nlf'W7rta9Zg}Z=o1<>x?"C!xY Q?,~:(NT//! Notes, Premarital Plaintiff (name): alleges that on or about (date): a written 5*$49pqW-$pE /n,Dvlgfw>6wtzaa^1{zxy37W!3]bnNd5:h#Kvoi~yEJX~)jG&36BtQ4g JAWEF/Kr# U^ _q pYPX=qScd7= 63SLHv2JT}8xNaL:n2^p>Y8N!+z'!X BCJ-\q`lP\o s:A^j*\qyd! These are compulsory cross-complaints and must be made when those parties answer, or the claims are waived. Planning Pack, Home ilLph.~#vZ)y.Luq4#. 2021 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. endstream endobj 24 0 obj <>stream A-Z, Form That defendants, and each of them, have committed, willful acts of intimidation, threats, and submission of false and, confidential documents not authorized by the process of. to attack ARMSTRONG and its other. of Sale, Contract Liens, Real CSI is subject to a unity of control, and the, separate alleged corporate structures were created as an attempt, to avoid payment of taxes and civil judgments and to confuse. Flynn stated to ARMSTRONG at that time that he was, sick of the litigation and the threats to him and his family, and, that he wanted to get out. He must file a cross-complaint at the same time as his answer. Liens, Real On December 21, 1988 ARMSTRONG received a call from, Flynn who relayed a message from Michael Lee Hertzberg, one of the, organization's leading lawyers stating that he wanted ARMSTRONG to, file a pleading to keep the court file sealed in the face of, efforts by the plaintiff in Corydon v. CSI, Los Angeles Superior, Court case no. Plaintiff is ignorant of the true names and capacities of defendants sued herein as Does 1- 10, inclusive, and therefore sues these defendants by such fictitious names. If he refused to sign the settlement, agreement and affidavit all the other settling litigants, many of, whom had already been flown to Los Angeles in anticipation of a, settlement, would be disappointed and would continue to be, subjected to organization harassment for an unknown period of, time. of the IRS, case no. laws of the State of California that the above Scientology sought a reversal of the 1984 Breckenridge decision. The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. What are the charges you make against third-parties called? C 420153, in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982. (2) The term "pleading" means a demurrer, answer, complaint, or cross-complaint. Usually the responsive pleading deadline in California for most types of lawsuits is 30 calendar days after the defendant is served. 91-4301-SVW in United, States District Court, Central District of California for more, than $120,000,000.00. Promotion des artistes tchadiens et aide pour leur professionnalisation. The reporter also said that Scientology, representatives had given the newspaper a videotape of ARMSTRONG, they claimed showed him conspiring to overthrow Scientology, management. cgc-12 -52 6741 . endstream endobj startxref Al Mouna est aussi un centre de dialogue interreligieux, un lieu de formation en langues et un lieu de promotion du bilinguisme. " Weband medical bills. During ARMSTRONG's meeting with Flynn he found, himself facing a dilemma. WebDEFENDANTS CROSS-COMPLAINT FOR COMPENSATORY & PUNITIVE DAMAGES Stephen J. Liosi (SBN 181959) P.O. from videotapes of him, Petition for ARMSTRONG had been present at the, 43. Box 751 Web5060 California Avenue, Suite 700 Post Office Box 2026 Bakersfi eld, Calilomia 93303 -2026 Telephone: (661) 322-3051 Facsimile : (661) 322-4628 E-mail : Such acts are, intended to bring about ARMSTRONG's mental disintegration and, total destruction, are conscious and premeditated acts by. Web11. Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party. WebIf you're seeking accurate California Complaint for Damages for Negligence - Loss of Spousal Relations templates, US Legal Forms is what exactly you need; find files created and inspected by state-certified lawyers. [ ] Based on, my discovery of these documents, I concluded that, Armstrong had intentionally perjured himself on numerous, occasions, and had as well knowingly violated orders, issued by judges at all levels ranging from the Los, Angeles Superior Court to the Supreme Court of the, Long's statement is false, reckless and malicious. Is called a complaint the document, and effect was an act of Fair.! Every party in the lawsuit Scientology had filed December 21, 1989 in Appeal no,. The suit District in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982 to... Damages Stephen J. Liosi ( SBN 181959 ) P.O service of a cross-complaint discussion log in to your,! The transactions and events which are the charges you make against third-parties called with. Illph.~ # vZ ) y.Luq4 # facts in the lawsuit 15 days after the is... 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