SUMMONS
SUMMONS Cross-Complaint (CITACION JUDICIAL-CONTRADEMANDA) SHORT NAME OF CASE (from Complaint): (Nombre de Caso): N/A
CASE NUMBER: (Numero del Caso): 22NWCV01168
NOTICE TO CROSS-DEFENDANT (AVISO AL CONTRA-DEMANDADO): SOUTHERN CALIFORNIA EAST YOUTH FOOTBALL & CHEER, JOHN DOE, and ROES 1-10, inclusive YOU ARE BEING SUED BY CROSS-COMPLAINANT: (LO ESTA DEMANDANDO EL CONTRADEMANDANTE): DOWNEY UNIFIED SCHOOL DISTRICT
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 cross-complainant. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money and property may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court’s lien must be paid before the court will dismiss the case.
Tiene 30 DÍAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al contrademandante. Una carta o una llamada telefónica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso un la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y más información en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede más cerca. Si no puede pagar la cuota de presentación, pida al secretano de la corte que le dé un formulario de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrá quitar su sueldo, dinero y bienes sin más advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisión a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de Calfornia, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a relamar las cuotas y los costos exentos pro imponer un gravamen sobre cualquier recuperación de $10,000 ó más de valor recibida mediante un acuerdo o una concesión de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: (El nombre y direccion de la corte es): Superior Court of California, County of Los Angeles
12720 Norwalk Blvd.
Norwalk, California 90650
The name, address and telephone number of cross-complainant’s attorney, or cross complainant without an attorney, is: (El nombre, la dirección y el número de teléfono del abogado del contrademandante, o del contrademandante que no tiene abogado, es):
Courtney L. Hylton, Anna S. Huffman Hylton & Associates 18301 Von Karman Avenue, Suite #520, Irvine, CA 92612
Date (Fecha): July 11, 2023
E. Chanes, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – NORWALK COURTHOUSE
LIZETTE MORENO, an individual, Plaintiff, vs. CITY OF DOWNEY, a public entity; DOWNEY UNIFIED SCHOOL DISTRICT, a public entity; LOS ANGELES COUNTY, a public entity; LOS ANGELES COUNTY OFFICE OF EDUCATION, a public entity; CALIFORNIA DEPARTMENT OF EDUCATION, a public entity; JOHN DOE, an individual; and DOES 1-100, inclusive,
Defendants.
DOWNEY UNIFIED SCHOOL DISTRICT, Cross-Complainant, vs. SOUTHERN CALIFORNIA EAST YOUTH FOOTBALL & CHEER, JOHN DOE, and ROES 1-10, inclusive,
Cross-Defendants.
CASE NO: 22NWCV01168
Assigned for All Purposes to:
Hon. Olivia Rosales – Dept. F
CROSS-COMPLAINT OF DOWNEY UNIFIED SCHOOL DISTRICT AGAINST SOUTHERN CALIFORNIA EAST YOUTH FOOTBALL AND CHEER FOR:
(1) EXPRESS INDEMNITY
(2) EQUITABLE INDEMNITY
(3) CONTRIBUTION
(4) DECLARATORY RELIEF
Trial Date: Not yet set
Complaint filed: November 1, 2022
COMES NOW Cross-Complainant DOWNEY UNIFIED SCHOOL DISTRICT (“Cross Complainant”) and for the District’s Cross-Complaint against SOUTHERN CALIFORNIA LAST YOUTH FOOTBALL AND CHEER, JOHN DOE, and ROES 1-10 (“Cross-Defendants”) inclusive, and each of them, by and through counsel undersigned, allege as follows: THE PARTIES
1. Cross-Complainant Downey Unified School District is a public entity located in Los Angeles County California.
2. Cross-Complainant is informed and believes, and thereon alleges, Cross-Defendants are a non-profit organization located in Los Angeles County California. 3. Cross-Complainant is informed and believes, and based upon such information and belief, alleges that at all times relevant hereto, Cross-Defendant JOHN DOE, an individual and resident of the County of Los Angeles, California, was a direct employee of Cross Defendants SOUTHERN CALIFORNIA EAST YOUTH FOOTBALL AND CHEER and/ or ROES 1- 10, inclusive.
4. Cross-Complainant is ignorant of the true name of Cross-Defendants sued herein as ROES 1 through 10, inclusive, and therefore sue these Cross-Defendants by such fictitious names. Cross-Complainant is informed and believes and based thereupon alleges, that each of these Cross-Defendants designated herein as a fictitiously named Cross Defendants is in some manner responsible for the events and happenings herein referred to, either contractually or tortiously, and caused the damage to Cross-Complainant as herein alleged. Cross-Complainant is informed and believes, and on that basis alleges, that at all times herein mentioned, each of the Cross Defendants was the agent, servant and/or employee of their Co-Defendants, and in doing the thing hereinafter mentioned, were acting in the scope of their authority as agents, servants, and employees with the permission and consent of their Co-Cross-Defendants. Cross-Complainant will amend this Cross-Complaint to allege their true names and capacities when ascertained.
GENERAL ALLEGATIONS
5. The Downey Razorbacks were a member of Southern California East Youth Football & Cheer (“Cross-Defendants”).
6. On or about December 4, 2021, Cross-Complainant rented Cross-Complainant’s premises, Justice Stadium at Warren High School, to the Cross-Defendants for purposes of the Downey Razorbacks Youth Football Championship.
7. Cross-Defendants signed the Application and Permit for Use of Facilities on December 1, 2021, and the Downey Razorbacks paid $628.50 to rent the facilities on December 4, 2021.
8. The Downey Razorbacks’ designated time of use was from 7:00 a.m. to 8:30 p.m. on December 4, 2021.
9. On or about December 4, 2021, Plaintiff Lizette Moreno was on Cross-Complainant’s subject premises, attending Cross-Defendants’ Youth Football Championship.
10. Plaintiff was assaulted by JOHN DOE and/or ROES 1-10, in the presence of Cross Defendants’ employees ROES 1-10.
11. Plaintiff suffered physical and mental injuries and damages as a result of Cross Defendants’ misconduct.
12. As a result of Cross-Defendants’ misconduct, Plaintiff incurred medical bills and attorneys’ fees and sustained psychological injuries and a disability.
13. Cross-Defendants were insured through Everest National Insurance Company for General Liability between September 1, 2021 and September 1, 2022.
14. Pursuant to the terms of the Application and Permit for Use of Facilities, Certificate of Insurance, and Additional Insured Endorsement, Cross-Complainant tendered Plaintiff’s claim to Cross-Defendants on November 23, 2022.
15. Cross-Defendants ignored Cross-Complainant’s tender, necessitating the need for this cross-claim.
FIRST CAUSE OF ACTION (Express Indemnity - Against All Cross-Defendants)
16. Cross-Complainant re-alleges and incorporates by reference each and every allegation contained in paragraphs 1 through 15 above.
17. Cross-Complainant herein denies any negligence or other liability in connection with the matters complained of in the underlying action; however, in the event Cross Complainant herein is held liable to Plaintiff, such liability will be the result of and caused by the negligence, carelessness, acts, or omissions and/or other fault of Cross Defendants, and not the result of or caused by the negligence, carelessness, acts, or missions of Cross-Complainant herein.
18. Cross-Complaint is therefore entitled to be indemnified by Cross-Defendants for any and all amounts incurred by way of settlement or judgment.
19. By filing this Cross-Complaint, Cross-Complainant is further advising Cross Defendants of the underlying action and requesting Cross-Defendants to provide Cross Complainant with a defense in the underlying action.
20. Cross-Complainant has and will incur expenses in the form of attorneys’ fees, court costs and other litigation expenses in the defense of this action. By reason of the foregoing, Cross Complainant is entitled to recovery from Cross-Defendants and each of them, such reasonable attorneys’ fees, court costs, and other litigation expenses necessarily incurred in the principal action.
21. The amount of these expenses is currently unknown but will be established and proven at time of trial.
SECOND CAUSE OF ACTION (Equitable Indemnity - Against All Cross-Defendants)
22. Cross-Complainant re-alleges and incorporates by reference each and every allegation contained in paragraphs 1 through 21 above.
23. Cross-Complainant herein denies any negligence or other liability in connection with the matters complained of in the complaint and Cross-Complaint; however, in the event Cross Complainant herein is held liable to Plaintiff, such liability will be the result of and caused by the negligence, carelessness, acts, or omissions and/or other fault of Cross Defendants, and not the result of or caused by the negligence, carelessness, acts, or omissions of Cross-Complainant herein.
24. In the event that Cross-Complainant is held liable to the Plaintiff, or any of them, such liability arises only by reason of the active and primary negligence or other faults of Cross-Defendants, and each of them, and through no fault of Cross-Complainant, whose fault, if any, is secondary and passive.
25. By reason of the foregoing, Cross-Complainant is entitled to equitable indemnification and/or equitable contribution from said Cross-Defendants and each of them.
26. By filing this Cross-Complaint, Cross-Complainant is advising Plaintiff and Cross Defendants of this action and requesting Cross-Defendants to provide Cross Complainant with a defense in the underlying action.
27. Cross-Complainant has and will incur expenses in the form of attorneys’ fees, court costs and other litigation expenses in the defense of this action. By reason of the foregoing, Cross Complainant is entitled to recovery from Cross-Defendants and each of them, such reasonable attorneys’ fees, court costs, and other litigation expenses necessarily incurred in the principal action.
28. The amount of these expenses is currently unknown but will be established and proven at time of trial.
THIRD CAUSE OF ACTION (Contribution - Against All Cross-Defendants)
29. Cross-Complainant re-alleges and incorporates by reference each and every allegation contained in paragraphs 1 through 28 above.
30. Cross-Complainant contends that it is in no way legally responsible for the damages alleged in Plaintiff’s operative Complaint. However, if as a result of the matters alleged in Plaintiff’s operative Complaint, Cross-Complainant is held liable for all or any part of Plaintiff’s alleged damages then Cross-Defendants herein, and each of them, to the extent that their fault is determined by the court, are obligated to reimburse and are liable to Cross-Complainant for all or any liability so assessed by way of contribution, and Cross-Complainant accordingly asserts herein such right to contribution.
FOURTH CAUSE OF ACTION (Declaratory Relief - Against All Cross-Defendants)
31. Cross-Complainant re-alleges and incorporates by reference each and every allegation contained in paragraphs 1 through 30 above.
32. A dispute and actual controversy has arisen and now exists among Cross Complainant and Cross-Defendants, as to whether Cross-Defendants must defend and indemnify Cross Complainant.
33. Cross-Complainant therefore requests a judicial declaration that Cross-Defendants are obligated under principles of implied, comparative, equitable or express indemnity to defend and indemnify Cross-Complainant from the claims made by Plaintiff and/or contribute to any judgment against Cross-Complainant.
PRAYER FOR RELIEF
WHEREFORE, Cross-Complainant prays for judgment against Cross-Defendants SOUTHERN CALIFORNIA YOUTH FOOTBALL AND CHEER, JOHN DOE, and ROES 1 through 10 as set forth below:
1. For general, special and consequential damages;
2. For costs and reasonable attorneys’ fees to the extent allowed by law;
3. For exemplary damages according to proof in an amount sufficient to set example of and to punish Cross-Defendants;
4. For pre-judgment interest as allowed by law; and
5. For such other relief as the Court deems just and proper.
DATED: July 11, 2023
HYLTON & ASSOCIATES
A Professional Corporation
By: COURTNEY L. HYLTON
ANNA S. HUFFMAN
Attorneys for Defendant, DOWNEY UNIFIED SCHOOL DISTRICT
Case Name: Moreno v. City of Downey (Downey USD), et al.
The Downey Patriot
7/23/26, 7/30/26, 8/6/26, 8/13/26