Free Crossclaim - District Court of California - California

Case 5:07-cv-04909-JF

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Filed 12/10/2007

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BRAD C. BRERETON (SB#111266) TENENBAUM, CROWLEY & BRERETON 1362 Pacific Avenue, Suite 212 Santa Cruz, CA 95060 Tel 831/429-6391 Fax 831/459-8298 [email protected] Attorney for Defendant & Cross-claimant Lisa Medrano

UNITED STATED DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST CLAIM FOR RELIEF INDEMNITY Lisa Medrano is a defendant in the above captioned proceeding, and she hereby cross-claims against defendant Luis Medrano as follows:
1 Cross-Claim of Lisa Medrano, and Demand for Jury Trial

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, vs. LUIS MEDRANO and LISA MEDRANO, INDIVIDUALLY and AS ADMINISTRATORS OF THE ESTATE OF VM Defendants. ________________________________ LISA MEDRANO Cross-claimant v. LUIS MEDRANO Cross-defendant

CASE NO. C 07 4909 JF CROSS-CLAIM OF LISA MEDRANO FOR INDEMNITY, & DEMAND FOR JURY TRIAL

Case 5:07-cv-04909-JF

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Filed 12/10/2007

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1. Luis and Lisa Medrano were married under the laws of the state of California on or about 1977, and were married at all times relevant herein, although the parties are now permanently separated. 2. The complaint filed by plaintiff Metropolitan Life Insurance Company in this proceeding alleges that defendants Luis and Lisa Medrano received payments pursuant to an annuity contract after the date that payments were contractually required to stop, and pursuant to allegedly wrongful conduct of the defendants. The complaint seeks judgment against the defendants for refund of the alleged excess payments, together with interests, costs and attorneys fees. 3. Lisa Medrano herein alleges that she had no knowledge of any such excess

payments, that she did not receive any material benefit from such payments, and that she did not participate in any wrongdoing or culpable act or omission in relation to the allegations set forth in the plaintiff's complaint. 4. Lisa Medrano herein alleges that Luis Medrano failed to inform or disclose to her that he had been receiving any improper payments under the Met Life annuity contract described in the plaintiff's complaint, and Lisa Medrano is informed and believes that Luis Medrano secreted and appropriated any such payments to his own personal and separate use, to the complete exclusion of Lisa Medrano. In doing so,

and without limitation to the foregoing, Luis Medrano breached his fiduciary duties and other duties owed to his wife as imposed by California Law. 5. In the event that Lisa Medrano is found legally liable to plaintiff for damages as a result of the allegations and claims for relief asserted by plaintiff, any such responsibility for damages was caused solely by the acts, omissions and breaches of fiduciary duties by Luis Medrano, and therefore Lisa Medrano is entitled to full indemnity from Luis Medrano, including but not limited to all attorneys fees and costs incurred in defending the within action, together with any and all liability, if any, that may be imposed upon Lisa Medrano as a result of this proceeding

2 Cross-Claim of Lisa Medrano, and Demand for Jury Trial

Case 5:07-cv-04909-JF

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Filed 12/10/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 10, 2007 _______________________________ BRAD C. BRERETON Attorney for Defendant & cross-claimant Lisa Medrano DEMAND FOR JURY TRIAL Lisa Medrano hereby demands a jury trial on all claims of the cross-claim. Dated: December 10, 2007 _______________________________ BRAD C. BRERETON Attorney for Defendant & Cross-claimant Lisa Medrano just. Respectfully submitted, WHEREFORE Lisa Medrano requests relief as follows: 1. That judgment be entered against Luis Medrano, ordering that he fully and completely indemnify Lisa Medrano against all attorneys fees and costs incurred in the defense of this matter, together with indemnity of Lisa Medrano against any and all liability imposed against her, if any, by reason of the complaint in this action. 2. That the court award such other and further relief to Lisa Medrano as is

3 Cross-Claim of Lisa Medrano, and Demand for Jury Trial