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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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Im located in Los Angeles, CA. How do I respond to a Summons

Customer Question

I'm located in Los Angeles, CA. How do I respond to a Summons naming me as a Cross Complainant in regards XXXXX XXXXX insurance claim filed by myself against a construction company's insurance bond? The legal term they uses is Interpleader and Injunctive relief C.C.P. 386. If there is a form available for me to respond, how would I go about finding it and what would it be called? I searched this http://www.courtinfo.ca.gov/forms/allforms.htm but wasn't able to find any form that seemed to apply. The form they used was SUM-110. They have "answer" forms but they are regarding other types of lawsuits.
Submitted: 6 years ago.
Category: Business Law
Expert:  Brandon M. replied 6 years ago.
Hello there:

What type of lawsuit is this? Further clarification would be helpful. Specifically, what is alleged in the heading of the complaint?
Customer: replied 6 years ago.
The bonding company ACIC claims that "the Cross-Defendants have made claims that are adverse and conflicting and that ACIC denies liability to each and every one of them. These claims are made without ACIC's collusion and ACIC has no interest in any part of any claim heretofore tendered save and except that if the total amount of all adjudicated claims is less than the maximum penal sum of the bond, then ACIC is liable only for such aggregate sum and no more." In other words other people have filed a claim against the bond as well and now the bonding company wants the court to decide who's entitled to what. They're not denying that they are the holders of the bond but it sounds like they don't want to pay out the maximum of the bond to each party. Not sure if that's legal, after all why should I have to share with another defendant, particularly when I filed considerably earlier than the other party. However the bonding company tells me that doesn't give me any preference.
Expert:  Brandon M. replied 6 years ago.
I assume that the cross-complaint was on court pleading paper, not a form. Let me know if that assumption is incorrect.

On the right-hand side of the heading, opposite the named plaintiffs and defendants, the complaint should say something like "complaint for damages...etc". I am hoping to surmise what is on that right-hand side of the heading.
Customer: replied 6 years ago.
That is correct, they used court pleading papers. On the right hand side opposite
the plaintiffs and defendants it states, Case No. XXXXX ... then under that AMERICAN CONTRACTORS INDEMNITY COMPANY'S CROSS-COMPLAINT FOR: 1. INTERPLEADER AND INJUNCTIVE RELIEF [C.C.P. 386]. That all is states, there is nothing stating complaint for damages.
Expert:  N Cal Attorney replied 6 years ago.
Your County law library will have several law practice books such as Benders Forms of Pleading and Practice that will have samples of pleadings that can be filed in response to an interpleader complaint.

Was this the first paper filed in a new lawsuit, or are there related pending actions?

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