Cross-Complaints in California Civil Cases

The Code of Civil Procedure, in Part 2, Title 6, Chapter 2, Article 4, deals with the use of cross-complaints in civil actions.

Section 428.10 provides that a party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both specified circumstances.

Section 428.20 provides that, when a person files a cross-complaint, he may join any person as a cross-complainant or cross-defendant, whether or not the person is already a party to the action, if the joinder of that party would have been permitted by the statutes governing joinder of parties.

Section 428.30 states that, where a person files a cross-complaint, he may unite with the cause of action asserted in the cross-complaint any other causes of action he has against any of the cross-defendants, other than the plaintiff in an eminent domain proceeding, whether or not the cross-defendant is already a party to the action.

Section 428.40 requires the cross-complaint to be a separate document.

Section 428.50 requires a party to file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. Any other cross-complaint may be filed at any time before the court has set a date for trial.

Section 428.60 requires a cross-complaint to be served on each of the parties in an action in one of the two specified manners.

Section 428.70 defines the terms “third-party plaintiff” and “third-party defendant.”

Section 428.80 abolished the counterclaim. Any cause of action that formerly was asserted by a counterclaim is to be asserted by a cross-complaint. The erroneous designation of a pleading as a counterclaim does not affect its validity, but the pleading is to be deemed a cross-complaint.