SECTIONS 428.10-428.80 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 428.10-428.80

428.10. 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 of the following:
(a) Any cause of action he has against any of the parties who
filed the complaint or cross-complaint against him. Nothing in this
subdivision authorizes the filing of a cross-complaint against the
plaintiff in an action commenced under Title 7 (commencing with
Section 1230.010) of Part 3.
(b) Any cause of action he has against a person alleged to be
liable thereon, whether or not such person is already a party to the
action, if the cause of action asserted in his cross-complaint (1)
arises out of the same transaction, occurrence, or series of
transactions or occurrences as the cause brought against him or (2)
asserts a claim, right, or interest in the property or controversy
which is the subject of the cause brought against him.

428.20. When a person files a cross-complaint as authorized by
Section 428.10, he may join any person as a cross-complainant or
cross-defendant, whether or not such person is already a party to the
action, if, had the cross-complaint been filed as an independent
action, the joinder of that party would have been permitted by the
statutes governing joinder of parties.

428.30. Where a person files a cross-complaint as authorized by
Section 428.10, 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 such cross-defendant is already a party to
the action.

428.40. The cross-complaint shall be a separate document.

428.50. (a) A party shall 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.
(b) Any other cross-complaint may be filed at any time before the
court has set a date for trial.
(c) A party shall obtain leave of court to file any
cross-complaint except one filed within the time specified in
subdivision (a) or (b). Leave may be granted in the interest of
justice at any time during the course of the action.

428.60. A cross-complaint shall be served on each of the parties in
an action in the following manner:
(1) If a party has not appeared in the action, a summons upon the
cross-complaint shall be issued and served upon him in the same
manner as upon commencement of an original action.
(2) If a party has appeared in the action, the cross-complaint
shall be served upon his attorney, or upon the party if he has
appeared without an attorney, in the manner provided for service of
summons or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2 of this code.

428.70. (a) As used in this section:
(1) "Third-party plaintiff" means a person against whom a cause of
action has been asserted in a complaint or cross-complaint, who
claims the right to recover all or part of any amounts for which he
may be held liable on such cause of action from a third person, and
who files a cross-complaint stating such claim as a cause of action
against the third person.
(2) "Third-party defendant" means the person who is alleged in a
cross-complaint filed by a third-party plaintiff to be liable to the
third-party plaintiff if the third-party plaintiff is held liable on
the claim against him.
(b) In addition to the other rights and duties a third-party
defendant has under this article, he may, at the time he files his
answer to the cross-complaint, file as a separate document a special
answer alleging against the person who asserted the cause of action
against the third-party plaintiff any defenses which the third-party
plaintiff has to such cause of action. The special answer shall be
served on the third-party plaintiff and on the person who asserted
the cause of action against the third-party plaintiff.

428.80. The counterclaim is abolished. Any cause of action that
formerly was asserted by a counterclaim shall be asserted by a
cross-complaint. Where any statute refers to asserting a cause of
action as a counterclaim, such cause shall be asserted as a
cross-complaint. The erroneous designation of a pleading as a
counterclaim shall not affect its validity, but such pleading shall
be deemed to be a cross-complaint.