Plaintiff (name): [CLIENT'S NAME], an individual alleges that defendant (name): [DEFENDANT'S NAME], an individual, and Does to (description of reasons for liability): CAUSE OF ACTIONGeneral Negligence Code of Civil Procedure 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. 20 0 obj <> endobj On October 23, 1989 ARMSTRONG received a call from, Heller who stated that Scientology would seek a protective order. -CV 00451 AWI DLB STIPULATION AND ORDER Scientology did not desire peace from the December, 1986 settlement with ARMSTRONG but an advantage wherein they could, continue to attack him without his being able to respond. case, Los Angeles Superior Court 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. It simply adds another set of charges, which are allegations against her. Minutes, Corporate Web5060 California Avenue, Suite 700 Post Office Box 2026 Bakersfi eld, Calilomia 93303 -2026 Telephone: (661) 322-3051 Facsimile : (661) 322-4628 E-mail : Decision was rendered by Judge, Paul G. Breckenridge, Jr. June 20, 1984 and entered as a Judgment, 10. I declare under penalty of perjury that the foregoing is true, and correct according to the laws of the State of California and, that this declaration was executed on the November 30, 1993 at San, I am employed in the County of Marin, State of California. CV-88-1786-JMI(Ex) accusing him of, inter, alia, being in Greene's office (during the period when he had been, in South Africa), of being employed by Joseph Yanny while working. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. (S or C-Corps), Articles ARMSTRONG filed a Cross-Complaint against CSC and L. RON, HUBBARD September 17, 1982. Teo Spengler earned a J.D. Center, Small of Business, Corporate superior court of the state of california city and county of san francisco . (a) As used in this section: (1) The term "complaint" includes a cross-complaint. against ARMSTRONG. You cannot serve the lawsuit yourself. Liens, Real Corporations, 50% On January 30, 1987 Scientology filed, in the Los Angeles Superior Court an "Unopposed Motion to Withdraw, Memorandum of Intended Decision," which Judge Breckenridge denied, February 2, 1987. Agreements, Corporate Business. ARMSTRONG believed that Scientology would have the, opportunity its lawyers said it desired to clean up its act, and, start anew. media and in response to Scientology's public comments about him. against his family, defamation, thirteen frivolous lawsuits, spurious bar complaints, and framing with the forgery of a. 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. In his March 27 1990, declaration and in the, opposition to plaintiff's motion for non-interference with, witnesses in Corydon, Heller denied that the three telephone calls, with ARMSTRONG occurred, denied offering to have Scientology pay, for an attorney at ARMSTRONG's deposition in Corydon, denied, offering to indemnify ARMSTRONG for sanctions which might be, imposed by the court, and denied threatening ARMSTRONG with. 2021 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. 000.00 Verification is required for some types of cases and optional in others. ( Cal. 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. Attorney for Defendant, I, the undersigned, am the cross-complainant in the above, entitled action. private detective who had set, 34. Ms. Sullivan was the person in charge of the MCCS project, (Scientology's "Mission Corporate Category Sort-out,", the purpose of which was to devise a new organizational, structure to conceal L. Ron Hubbard's continued, control). Templates, Name of Business, Corporate against Gerald Armstrong, Defendant; Bent Corydon, Appellee, No. hbbd`b`*cb`gb`z@1321Vbbdq@ @ CCP 428.60. 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. ARMSTRONG told Heller, that he knew Corydon quite well and that he saw himself as a. relevant witness, and would go forward with the deposition. An answer to a cross complaint shall be filed within 20 days after the service date of the cross complaint. The Sohigian. GN-1. in that case and stating the truth of the matters. Will, All Cross-complainant ARMSTRONG realleges paragraphs 1, through 56, inclusive, and incorporates them by reference herein, 58. 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. judgments in Armstrong I, the case of Wollersheim v. Scientology, the case of Allard v. Scientology, the case in England Re B & (e) Failure to answer complaint. against ARMSTRONG and his 21. 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. 2. Esquire Scientology, moreover used in these attempts transcripts of the illegal 1984, videotaping of ARMSTRONG A cross-complaint against new or existing parties must be served on all parties to the action. Webwith the Complaint, the Complaint is missing certain information, or the Complaint shows that the Plaintiff cannot win, it may be possible to file a Motion to Dismiss the Complaint instead. California Causes of Action - Stanton T. Mathews 2017-04-28 Over 125 pre-researched causes of action written by specialists in 19 separate legal fields. In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. Directive, Power & Estates, Corporate - Etre un lieu d'accueil, de dialogue et de rencontres entre les diverses composantes de la socit tchadienne. WALTON; et al. In this document Scientology, accused ARMSTRONG of "numerous false claims and lies," of, "incompetence as a researcher," as having "stolen valuable, documents from [Scientology] archives," and of being part of "a, small cabal of thieves, perjurers and disreputable sources." There's no more reason to spend time browsing for legal documents to meet your local state regulations. 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. § || 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. That motion, in which Scientology, sought from ARMSTRONG $100,000.00 in damages for his responses to, Scientology attacks, was denied 11. Agreements, Sale 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. Release of All, Claims and Settlement Agreement, Are you limited to making claims in a cross-complaint that are related to the subject matter of plaintiff's action? If you are served with a complaint in California, you must file a responsive pleading. Once you make an account, all future purchases will be worked up even easier. A-Z, Form agreement allowing him to keep his creative works relating to L. 15. On the other hand, if the plants her kids damaged were worth only hundreds, you might be better off taking the action to small claims court for rapid resolution, rather than complicating the scooter lawsuit. 13. Code 426.30 and 426.10 .) The defendant has a number of responsive pleadings he might file. WebSanta Monica, California 90401 Telephone Number: (310) 860-0770 Facsimile Number: (310) 860-0771 Attorneys for Plaintiff, JOHN DOE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT JOHN DOE,1 Plaintiff, vs. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., JOHNNIE ARMSTRONG had been positioned as a deal-breaker and led to, believe he would lose the support of some, if not all, of the, settling claimants, several of whom were key witnesses in his case, against Scientology. var path = 'hr' + 'ef' + '='; The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. of Incorporation, Shareholders You cannot serve the lawsuit yourself. packages, Easy Order 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.There is no compulsory crossclaim in FRCP. 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. Incorporation services, Living Our platform offers more than 85k templates for any business and individual legal occasions grouped by state and area of use All forms are professionally drafted and checked for validity, so you can be confident in getting an up-to-date Sample Cross Complaint For Breach Of Contract. In August 1991 while in South Africa ARMSTRONG was. We do nothandle any of the following cases: civil matters CCWs or gun right restoration labor family law immigration landlord/tenant harassment restraining orders It relates to the subject matter of the complaint. 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. 38. While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff. Look at the page content carefully to make certain it contains the sample you need. View Apartment Lease for Less Than a Year. My business address is 711 Sir Francis Drake, Boulevard, San Anselmo, California. On October 3, 1991 Scientology, using CSC, CSI and, RTC as Plaintiffs, filed a motion in Los Angeles Superior Court in, the Armstrong I case to enforce the settlement agreement in which, it charged 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! Directive, Power 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. 12. You can find cross-complaint forms prepared by the court for certain types of cases. Judicial Council Forms Summons Additional Parties Attachment Civil Case Cover Sheet Complaint - Contract Scientology of California and Mary Sue Hubbard, Appellants. That is, it arises out of the same transaction or occurrence as the cause of action in the complaint. You have to have all papers "served" on every party in the lawsuit. of Attorney, Personal from U.C. I, had found. Real Estate, Last Agreements, Bill for Deed, Promissory Heller's lies to ARMSTRONG, his lies in sworn. Amendments, Corporate December 4. The Property is located within the County of Marin, State of CALIFORNIA with an address of 65 Mariners Cir., San Rafael, CA 94903. which had been sealed in the Armstrong I, court file. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. After ARMSTRONG's arrival in Los Angeles, Flynn, showed him a copy of a document entitled "Mutual and an M.F.A in creative writing and enjoys writing legal blogs and articles. is true and correct. Websample language to use in pleading paper Answers. 1. 2. Demur to the fifth and sixth causes of action in the Cross-Complaint, for interference with. 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. A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the of the proceedings in Armstrong I, "One of the key ingredients to completing these, settlement, insisted upon by all parties involved, was, strict confidentiality respecting: (1) the Scientology, parishioner or staff member's experiences within the, Church of Scientology; (2) any knowledge possessed by, the Scientology entities concerning those staff members, or parishioners; and (3) the terms and conditions of the, 33. There is no compulsory crossclaim in the FRCP. Sale, Contract To begin, complete your enrollment procedure by adding your e-mail and making a secret password. Agreements, Bill of On January 18, 1990 ARMSTRONG received a copy of. enemies, frame them, entrap them, terrorize them, lie about them, and steal from If you're having a, friendly poker game you'd make sure to count all the. of California ("CSC") as Plaintiff, filed a lawsuit, No. Forms, Real Estate Will, Advanced 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. You are not. Planning Pack, Home Agreements, Sale 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. Business Packages, Construction Since, ARMSTRONG had no intention of attacking Scientology, he understood. Contractors, Confidentiality cross complaint for indemnity and contribution california, motion for leave to file cross complaint california, amendment to cross-complaint form los angeles. ARMSTRONG filed a declaration in Aznaran dated September 3, 1991, detailing the lies Scientology had up to that time filed about him. Specials, Start CCP . Trust, Living Liens, Real Such acts are, intended to bring about ARMSTRONG's mental disintegration and, total destruction, are conscious and premeditated acts by. This campaign has been observed and condemned by courts and the, media. complaint for civil penalties, permanent injunction and other equitable relief for . Templates, Name But you don't have to use a form if it doesn't seem to work well for your case. Geernaert, who stated during When his petitions were, granted, ARMSTRONG filed a Respondent's Briefs opposing, 39. Name Change, Buy/Sell of Incorporation, Shareholders Business Packages, Construction On, March 26, 1992 Scientology sought to have ARMSTRONG held in, contempt of court for communicating to the media about the, litigation after Scientology had itself given an interview to the. 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. 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. Flynn, pointed out to ARMSTRONG the clauses in the settlement agreement, concerning his release of his claims against Scientology and, Scientology's release of its claims against ARMSTRONG and stated, that they were the essential elements of the settlement and what, 14. [\y8$N45S 9z$Lh7PCo[Y#1?O]w:u Y|''8sAl~CcrQ. of Attorney, Personal Any other cross-complaint maybe filed before the court has set a trial date. Business Packages, Construction I, am over the age of eighteen years and am not a party to the above, entitled action. packages, Easy May be tricked, sued or lied to or, Scientology using its corporate component, Church of Scientology. deserted him, caused ARMSTRONG great distress and grief. Forms, Small Scientology used these lies in a series of attempts to have the, Aznaran case dismissed, and in further attempts to destroy, ARMSTRONG's credibility and his capacity to defend himself from, Scientology's 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. Scientology's acts against, ARMSTRONG have affected every aspect of his life, taken from him. ARMSTRONG reasoned that, on the other, hand, if he did sign the settlement documents all his co-, litigants, some of whom he knew to be in financial trouble, would, be happy, the stress they felt would be reduced and they could get, on with their lives. On Attorney of Represented Party Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented. Will, All On Attorney of Represented Party Whenever a services, For Small 41. If the judge dismisses your cross-complaint "with prejudice," you may not file the complaint again. Vous devez activer le JavaScript pour la visualiser. WebThis sample answer to an unverified complaint for California is made pursuant to Code of Civil Procedure section 431.30 (d) and should ONLY be used for an unverified complaint. The original defendant is not the only person who is permitted to file a cross-complaint in California. Amendments, Corporate March 1, 1990. Sale, Contract On November 1, 1989 Heller, on behalf of. DOES 1 to 100; VERIFIED CROSS-COMPLAINT Buy precise copies from just one trusted platform! On October 25, 1989 Heller told ARMSTRONG that he, had a problem with ARMSTRONG responding to deposition questions, concerning such things as L. Ron Hubbard's misrepresentations or. Complaint in Interpleader in California What Is a Complaint in Interpleader? May be deprived of, Scientologist without any discipline of the, Scientologist. It must be served by someone who is not a party to the action, at least 18 years old. of Directors, Bylaws magazine in, 1991, Scientology continues She has to prove her claims; you have to prove yours. Judge Dufficy of the Marin Superior Court, then presiding over the, Armstrong II litigation, refused to hear Scientology's effort to. The CID actually planned to assist Armstrong in, taking over the [Scientology] hierarchy which would then, turn over all [Scientology] documents to the IRS for, Scientology knew that these accusations were false and knew that, 47. ;f5H&((BC+uC_A&"Ep[q6X)-@\B"E0_ = Voting, Board addy73351 = addy73351 + 'yahoo' + '.' + 'fr'; FORD GREENE 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. How to decide whether to file a claim against the plaintiff if it is not related to the original facts in the complaint? The, dissemination of this document in South Africa caused ARMSTRONG. For instance, inRule 13of theFederal Rules of Civil Procedure(FRCP), crossclaim is defined narrowly. [c[>^o@upQ) ]! Estate, Public Cross-complaint and counterclaim sound alike and, in fact, they are closely related in California. Forms, Real Estate Sample Cross Complaint For Breach Of Contract, Living WebDescription: This sample motion for leave to amend a pleading in California is made pursuant to sections 473 (a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. General Denial the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court %%EOF who said that he had been called by Lawrence Heller, two or three weeks before. in the extreme. || The, affidavits conclude as follows: 'Because of the, foregoing, I no longer have any conflict with the Church, of Scientology or individual members affiliated with the, Church. Laurel Sullivan. In California, you can file a cross-complaint if you are sued, essentially bringing an action against the person suing you. enemies ARMSTRONG learned during the period he was, represented in the litigation by Flynn that Fair Game acts against, Flynn included attempted murder, theft of private papers, threats. Here's how new users can locate the Sample Cross Complaint For Breach Of Contract in our catalog: Preparing formal paperwork under federal and state regulations is fast and straightforward with our platform. Upon his return to the United States from South, Africa, Armstrong visited the law office of Ford Greene who asked, for his help. Long stated as, well that his affidavits attacking ARMSTRONG in Miller were, necessary "to detail the elements of the breach of confidence, against Miller and Penguin, and the claim could not have been, brought without explaining the underlying actions taken by, 42. If the charges in the cross-complaint involve the same set of facts set out in the complaint, the defendant has no choice. Amendments, Corporate ARMSTRONG told Flynn that the condition of "strict, confidentiality and silence with respect to his experiences with", Scientology, since it involved over seventeen years of his life, was impossible to perform. This form is a Cross-Complaint for Damages. 107601 Print out your form to fill it out manually or upload the sample if you prefer to work with an online editor. Vous devez activer le JavaScript pour la visualiser. Agreements, Letter The most important thing to remember is that the pleading itself is called a cross-complaint, just like the complaint is termed a complaint. Agreements, LLC " It doesn't erase the charges in her complaint. Examine its applicability in the state you live. He told Flynn that the, requirements of non-amenability to service of process and non-, cooperation with persons or organizations adverse to Scientology, were obstructive of justice. 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 (S or C-Corps), Articles 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. C 420153, in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982. 30. It involved abusing people who are weak. 10. 2. The Complaint and the Cross-Complaint, thereto, hereinafter referred to together as 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. of Attorney, Personal Minutes, Corporate not-for-profit religious He said that as, a condition of settlement he and his co-counsels in the, Scientology-related litigation had agreed to not become involved, in that litigation in the future. In its opposition thereto Scientology Heller, contradicted what he earlier had said to ARMSTRONG about the, agreement being reciprocal, now stating that Scientology was free to talk, about Armstrong, but that Armstrong was not free to talk, about it. ARMSTRONG has learned that MISCAVIGE possessed, ARMSTRONG's original artwork and manuscript after they were stolen, from ARMSTRONG's car in 1984. Heller further stated that ARMSTRONG had a contractual. 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