Compulsory Cross-Complaints in California

Code of Civil Procedure Part 2, Title 6, Chapter 2, Article 2 deals with compulsory cross-complaints in civil action pleadings. Section 426.10 defines the terms “complaint,” “plaintiff,” and “related cause of action.”

Section 426.30 specifies, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, the party may not in any other action assert against the plaintiff the related cause of action not pleaded. This section does not apply if either of two conditions are established.

Section 426.40 states that this article does not apply if any of three specified conditions are established.

Section 426.50 explains that a party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, is required to grant, upon terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert the cause if the party who failed to plead the cause acted in good faith.

Section 426.60 specifies this article applies only to civil actions and does not apply to special proceedings. This article does not apply to actions in the small claims court and other specified items.

Section 426.70 says this article applies to eminent domain proceedings. The related cause of action may be asserted by cross-complaint in an eminent domain proceeding whether or not the party asserting the cause of action has presented a claim in compliance with specified statutes to the plaintiff in the original eminent domain proceeding.