Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
3/14/2023 9:10 AM
Vincent T. Martinez, SBN 174157 By: Madelyn Mercer , Deputy
TWITCHELL AND RICE, LLP
215 North Lincoln Street
P. O. Box 520
Santa Maria, CA 93456 NO SUMMONS FILED
Telephone: (805) 925-2611
Facsimile: (805) 925-1635
Attorneys for Defendant and Cross-Complainant
REBECCA REYES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION
10
11 MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495
12 Plaintiff,
CROSS-COMPLAINT OF DEFENDANT
13 vs. AND CROSS-COMPLAINANT
REBECCA REYES FOR:
14 JESUS REYES, an individual; REBECCA
REYES, an Individual; and DOES 1 through 20, (1) IMPLIED INDEMNITY
15 Inclusive, (2) EQUITABLE INDEMNITY
(3) DECLARATORY RELIEF
16 Defendants.
Complaint Filed: September 13, 2022
17
REBECCA REYES, Unlimited Civil
18
Cross-Complainant, [Assigned to: Judge Jed Beebe]
19
vs.
20
JESUS REYES and ROES 1 through 100,
21 inclusive,
22 Cross-Defendants.
23
Cross-Complainant, REBECCA REYES, alleges as follows:
24
GENERAL ALLEGATIONS
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1 Cross-Complainant, REBECCA REYES, is, and at all times herein mentioned was, a
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resident of Santa Barbara County, State of California.
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2. Cross-Complainant is informed and believes, and thereon alleges, that Cross-Defendant
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1
CROSS-COMPLAINT FOR INDEMNITY
JESUS REYES, is, and at all times herein mentioned was, an individual and a resident of Santa
Barbara County, California.
3. On September 13, 2022, Plaintiff MARTHA E. RAMIREZ filed a Complaint For Damages
in the above-entitled action against Cross-Complainant, and others, with the following causes of action
against Cross-Complainant: Sexual Harassment in Violation of California Government Code Section
12940, et seq.; Assault and Battery; Sexual Battery; Gender Violence; and Violation of Ralph Act,
Civil Code sections 51.7, 51.9, 52. 1 and 52.4.
4. The true names and capacities of Cross-Defendants ROES 1 through 100, inclusive, are
presently unknown. Cross-Complainant therefore sues these Cross-Defendants by such fictitious
10 names and prays leave to amend this cross-complaint to show such Cross-Defendants’ true names and
11 capacities when the same have been ascertained.
12 5. Cross-Complainant is informed and believes and thereon alleges, that each of the Cross-
13 Defendants named herein is the agent, servant, employee, subsidiary, affiliate, partner, assignee,
14 successor-in-interest, predecessor-in-interest, or other representative of other Cross-Defendants and
15 acted in such capacity in doing the things alleged herein.
16 6. Cross-Complainant alleges that each of the Cross-Defendants is found in some manner
17 legally liable for the events and happenings referred to in Plaintiff's Complaint, related Cross-
18 Complaints, or other operative pleadings, and are liable to Cross-Complainant as alleged hereinafter.
19 7. Venue is proper in this Court as all of the events described herein occurred, and continue
20 to occur, in the County of Santa Barbara.
21 FIRST CAUSE OF ACTION
22 (For Contractual Indemnity against Cross-Defendants
JESUS REYES, and ROES 1 through 100, inclusive)
23
8 Cross-Complainant realleges paragraphs 1 through 7, inclusive, of the General
24
Allegations and incorporates them by reference as though fully set forth herein.
25
9 Plaintiff or anyone else recovers against Cross-Complainant, then Cross-Complainant
26
is entitled to contractual indemnity and apportionment of liability among and from Cross-Defendant
27
JESUS REYES, and ROES 1 through 100, inclusive, and each of them, according to their respective
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2
CROSS-COMPLAINT FOR INDEMNITY
liability or fault, for the injuries and damages allegedly sustained by Plaintiff, any other Cross-
Complainant, or anyone else, if any, by way of any and all sums paid through settlement, or in the
alternative, judgment rendered against Cross-Complainant in the underlying action.
SECOND CAUSE OF ACTION
(For Implied Indemnity against Cross-Defendants
JESUS REYES, and ROES 1 through 100, inclusive)
10. Cross-Complainant realleges paragraphs 1 through 7, inclusive, of the General Allegations
and incorporates them by reference as though fully set forth herein.
11. In the event that Cross-Complainant is found in some manner legally liable to Plaintiff,
any other Cross-Complainants, or anyone else as a result of the events and occurrences described in
10
the operative Complaint, any other Cross-Complaint which may be filed herein, Cross-Complainant’s
1
liability is solely based upon a derivative, vicarious, or imputed form of liability, not resulting from
12
his own conduct. Therefore, in the event that Cross-Complainant is found in any manner legally liable,
13
such liability was proximately caused by the acts and/or omissions of Cross-Defendant JESUS REYES
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and ROES 1 through 100, inclusive, and Cross-Complainant is entitled to indemnity, whether total or
15
partial, equitable, implied and/or express, from said Cross-Defendants JESUS REYES, and ROES 1
16
through 100, inclusive.
17
THIRD CAUSE OF ACTION
18
(For Declaratory Relief against Cross-Defendants
19 JESUS REYES, and ROES 1 through 100, inclusive)
20 12. Cross-Complainant realleges paragraphs 1 through 8, inclusive, of the General
21 Allegations, Paragraph 8 of the First Cause of Action, Paragraph 10 of the Second Cause of Action,
22 and incorporates them by reference as though fully set forth herein.
23 13. An actual controversy has arisen and now exists between Cross-Complainant and Cross-
24 Defendants JESUS REYES and ROES 1 through 100, inclusive, and each of them, concerning their
25 respective rights, duties, and obligations relating to Plaintiff's Complaint herein, and any other Cross-
26 Complaints in that Cross-Complainant claims that Cross-Defendants JESUS REYES, and ROES 1
27 through 100, inclusive, and each of them, are fully responsible for any and all damages suffered by
28 Plaintiff's herein, or any other Cross-Complaint. Cross-Defendants JESUS REYES, and ROES 1
3
CROSS-COMPLAINT FOR INDEMNITY
through 100, inclusive, are believed to contend to the contrary.
14. Cross-Complainant is informed and believes and based thereon alleges that a declaration
as to the rights, duties and obligations of the parties herein is required in order to resolve the existing
controversies and disputes so that the parties may ascertain their true obligations and discharge those
obligations accordingly.
PRAYER
Wherefore, Cross-Complainant prays for relief and demands judgments against Cross-
Defendants JESUS REYES, and ROES 1 through 100, inclusive, and each of them, as follows:
FIRST AND SECOND CAUSES OF ACTION FOR IMPLIED INDEMNITY, EQUITABLE
10 INDEMNITY, AND CONTRIBUTION:
11 A That Cross-Complainant be entitled to indemnity and contribution, whether total or
12 partial, equitable, implied, and/or express, from Cross-Defendants JESUS REYES, and ROES 1
13 through 100, inclusive in the event a settlement is entered into or a judgment and/or verdict is rendered
14 in favor of plaintiffs or any other party in this action, the plaintiffs in the Related Case, or by way of
15 any cross-complaint against Cross-Complainant.
16 B For attorneys’ fees as permitted by law;
17 THIRD CAUSE OF ACTION FOR DECLARATORY RELIEF:
18 C. For a declaration of the amount that Cross-Defendants JESUS REYES, and ROES 1
19 through 100, inclusive, are obligated to indemnify Cross-Complainant if cross-complaint is compelled
20 to pay any sum as the result of any damages, judgment, or other awards recovered by plaintiffs herein,
21 plaintiffs in the Related Case, or other Cross-Complainants.
22 ON ALL CAUSES OF ACTION:
23 D. For costs of suit incurred herein; and
24 E For any such other and further relief this Court deems just and proper.
25 TWITCHELL AND RICE; LLP
26
Dated: March 13, 2023 By: at
27 Vincent T. Martinez, Attorneys For
Defendant REBECCA REYES
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4
CROSS-COMPLAINT FOR INDEMNITY
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Darrel E. Parker, Executive Officer 3/14/2023 9:10 AM Vincent T. Martinez, SBN 174157 By: Madelyn Mercer , Deputy TWITCHELL AND RICE, LLP 215 North Lincoln Street P. O. Box 520 Santa Maria, CA 93456 NO SUMMONS FILED Telephone: (805) 925-2611 Facsimile: (805) 925-1635 Attorneys for Defendant and Cross-Complainant REBECCA REYES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION 10 11 MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495 12 Plaintiff, CROSS-COMPLAINT OF DEFENDANT 13 vs. AND CROSS-COMPLAINANT REBECCA REYES FOR: 14 JESUS REYES, an individual; REBECCA REYES, an Individual; and DOES 1 through 20, (1) IMPLIED INDEMNITY 15 Inclusive, (2) EQUITABLE INDEMNITY (3) DECLARATORY RELIEF 16 Defendants. Complaint Filed: September 13, 2022 17 REBECCA REYES, Unlimited Civil 18 Cross-Complainant, [Assigned to: Judge Jed Beebe] 19 vs. 20 JESUS REYES and ROES 1 through 100, 21 inclusive, 22 Cross-Defendants. 23 Cross-Complainant, REBECCA REYES, alleges as follows: 24 GENERAL ALLEGATIONS 25 1 Cross-Complainant, REBECCA REYES, is, and at all times herein mentioned was, a 26 resident of Santa Barbara County, State of California. 27 2. Cross-Complainant is informed and believes, and thereon alleges, that Cross-Defendant 28 1 CROSS-COMPLAINT FOR INDEMNITY JESUS REYES, is, and at all times herein mentioned was, an individual and a resident of Santa Barbara County, California. 3. On September 13, 2022, Plaintiff MARTHA E. RAMIREZ filed a Complaint For Damages in the above-entitled action against Cross-Complainant, and others, with the following causes of action against Cross-Complainant: Sexual Harassment in Violation of California Government Code Section 12940, et seq.; Assault and Battery; Sexual Battery; Gender Violence; and Violation of Ralph Act, Civil Code sections 51.7, 51.9, 52. 1 and 52.4. 4. The true names and capacities of Cross-Defendants ROES 1 through 100, inclusive, are presently unknown. Cross-Complainant therefore sues these Cross-Defendants by such fictitious 10 names and prays leave to amend this cross-complaint to show such Cross-Defendants’ true names and 11 capacities when the same have been ascertained. 12 5. Cross-Complainant is informed and believes and thereon alleges, that each of the Cross- 13 Defendants named herein is the agent, servant, employee, subsidiary, affiliate, partner, assignee, 14 successor-in-interest, predecessor-in-interest, or other representative of other Cross-Defendants and 15 acted in such capacity in doing the things alleged herein. 16 6. Cross-Complainant alleges that each of the Cross-Defendants is found in some manner 17 legally liable for the events and happenings referred to in Plaintiff's Complaint, related Cross- 18 Complaints, or other operative pleadings, and are liable to Cross-Complainant as alleged hereinafter. 19 7. Venue is proper in this Court as all of the events described herein occurred, and continue 20 to occur, in the County of Santa Barbara. 21 FIRST CAUSE OF ACTION 22 (For Contractual Indemnity against Cross-Defendants JESUS REYES, and ROES 1 through 100, inclusive) 23 8 Cross-Complainant realleges paragraphs 1 through 7, inclusive, of the General 24 Allegations and incorporates them by reference as though fully set forth herein. 25 9 Plaintiff or anyone else recovers against Cross-Complainant, then Cross-Complainant 26 is entitled to contractual indemnity and apportionment of liability among and from Cross-Defendant 27 JESUS REYES, and ROES 1 through 100, inclusive, and each of them, according to their respective 28 2 CROSS-COMPLAINT FOR INDEMNITY liability or fault, for the injuries and damages allegedly sustained by Plaintiff, any other Cross- Complainant, or anyone else, if any, by way of any and all sums paid through settlement, or in the alternative, judgment rendered against Cross-Complainant in the underlying action. SECOND CAUSE OF ACTION (For Implied Indemnity against Cross-Defendants JESUS REYES, and ROES 1 through 100, inclusive) 10. Cross-Complainant realleges paragraphs 1 through 7, inclusive, of the General Allegations and incorporates them by reference as though fully set forth herein. 11. In the event that Cross-Complainant is found in some manner legally liable to Plaintiff, any other Cross-Complainants, or anyone else as a result of the events and occurrences described in 10 the operative Complaint, any other Cross-Complaint which may be filed herein, Cross-Complainant’s 1 liability is solely based upon a derivative, vicarious, or imputed form of liability, not resulting from 12 his own conduct. Therefore, in the event that Cross-Complainant is found in any manner legally liable, 13 such liability was proximately caused by the acts and/or omissions of Cross-Defendant JESUS REYES 14 and ROES 1 through 100, inclusive, and Cross-Complainant is entitled to indemnity, whether total or 15 partial, equitable, implied and/or express, from said Cross-Defendants JESUS REYES, and ROES 1 16 through 100, inclusive. 17 THIRD CAUSE OF ACTION 18 (For Declaratory Relief against Cross-Defendants 19 JESUS REYES, and ROES 1 through 100, inclusive) 20 12. Cross-Complainant realleges paragraphs 1 through 8, inclusive, of the General 21 Allegations, Paragraph 8 of the First Cause of Action, Paragraph 10 of the Second Cause of Action, 22 and incorporates them by reference as though fully set forth herein. 23 13. An actual controversy has arisen and now exists between Cross-Complainant and Cross- 24 Defendants JESUS REYES and ROES 1 through 100, inclusive, and each of them, concerning their 25 respective rights, duties, and obligations relating to Plaintiff's Complaint herein, and any other Cross- 26 Complaints in that Cross-Complainant claims that Cross-Defendants JESUS REYES, and ROES 1 27 through 100, inclusive, and each of them, are fully responsible for any and all damages suffered by 28 Plaintiff's herein, or any other Cross-Complaint. Cross-Defendants JESUS REYES, and ROES 1 3 CROSS-COMPLAINT FOR INDEMNITY through 100, inclusive, are believed to contend to the contrary. 14. Cross-Complainant is informed and believes and based thereon alleges that a declaration as to the rights, duties and obligations of the parties herein is required in order to resolve the existing controversies and disputes so that the parties may ascertain their true obligations and discharge those obligations accordingly. PRAYER Wherefore, Cross-Complainant prays for relief and demands judgments against Cross- Defendants JESUS REYES, and ROES 1 through 100, inclusive, and each of them, as follows: FIRST AND SECOND CAUSES OF ACTION FOR IMPLIED INDEMNITY, EQUITABLE 10 INDEMNITY, AND CONTRIBUTION: 11 A That Cross-Complainant be entitled to indemnity and contribution, whether total or 12 partial, equitable, implied, and/or express, from Cross-Defendants JESUS REYES, and ROES 1 13 through 100, inclusive in the event a settlement is entered into or a judgment and/or verdict is rendered 14 in favor of plaintiffs or any other party in this action, the plaintiffs in the Related Case, or by way of 15 any cross-complaint against Cross-Complainant. 16 B For attorneys’ fees as permitted by law; 17 THIRD CAUSE OF ACTION FOR DECLARATORY RELIEF: 18 C. For a declaration of the amount that Cross-Defendants JESUS REYES, and ROES 1 19 through 100, inclusive, are obligated to indemnify Cross-Complainant if cross-complaint is compelled 20 to pay any sum as the result of any damages, judgment, or other awards recovered by plaintiffs herein, 21 plaintiffs in the Related Case, or other Cross-Complainants. 22 ON ALL CAUSES OF ACTION: 23 D. For costs of suit incurred herein; and 24 E For any such other and further relief this Court deems just and proper. 25 TWITCHELL AND RICE; LLP 26 Dated: March 13, 2023 By: at 27 Vincent T. Martinez, Attorneys For Defendant REBECCA REYES 28 4 CROSS-COMPLAINT FOR INDEMNITY