Pleadings Demanding ReliefCompulsory Cross-complaints

Section § 426.10

Explanation

This section explains specific terms used in the article. A "complaint" refers to both initial complaints and any subsequent cross-complaints. A "plaintiff" is the person who files the complaint or cross-complaint. A "related cause of action" involves legal claims that stem from the same event or series of events as those alleged by the plaintiff.

As used in this article:
(a)CA Civil Procedure Code § 426.10(a) “Complaint” means a complaint or cross-complaint.
(b)CA Civil Procedure Code § 426.10(b) “Plaintiff” means a person who files a complaint or cross-complaint.
(c)CA Civil Procedure Code § 426.10(c) “Related cause of action” means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.
complaint cross-complaint plaintiff ...

Section § 426.30

Explanation

If someone has been sued and they don't bring up all related issues they have against the person suing them in their response, they can't bring those issues up in another lawsuit later. However, there are exceptions: this doesn't apply if the court can't make a decision on these issues due to lack of authority, or if the person never formally responded to the lawsuit.

(a)CA Civil Procedure Code § 426.30(a) Except as otherwise provided by statute, 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, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.
(b)CA Civil Procedure Code § 426.30(b) This section does not apply if either of the following are established:
(1)CA Civil Procedure Code § 426.30(b)(1) The court in which the action is pending does not have jurisdiction to render a personal judgment against the person who failed to plead the related cause of action.
(2)CA Civil Procedure Code § 426.30(b)(2) The person who failed to plead the related cause of action did not file an answer to the complaint against him.
cross-complaint related cause of action subject matter jurisdiction ...

Section § 426.40

Explanation

This law says that certain situations make it impossible to include a new cause of action in a lawsuit that's already started. These situations include needing extra people involved that the court can't reach, legal rules blocking the court from handling the new issue, or if the issue is already part of another ongoing case.

This article does not apply if any of the following are established:
(a)CA Civil Procedure Code § 426.40(a) The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction.
(b)CA Civil Procedure Code § 426.40(b) Both the court in which the action is pending and any other court to which the action is transferrable pursuant to Section 396 are prohibited by the federal or state constitution or by a statute from entertaining the cause of action not pleaded.
(c)CA Civil Procedure Code § 426.40(c) At the time the action was commenced, the cause of action not pleaded was the subject of another pending action.
additional parties court jurisdiction federal constitution ...

Section § 426.50

Explanation

If someone forgets or makes a mistake by not including a necessary claim in their legal paperwork, they can ask the court to allow them to fix it later. As long as they acted honestly and let the other side know, the court will probably allow the change to prevent losing important claims. The rule is meant to be flexible to help people keep their claims.

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, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.
plead a cause of action amend pleading file a cross-complaint ...

Section § 426.60

Explanation

This section of the Code of Civil Procedure specifies that it only governs regular civil cases and doesn't apply to special proceedings or cases in small claims court. Additionally, it doesn't cover cases where the only thing being sought is a formal statement about the rights and responsibilities of the parties involved, known as declaratory relief.

(a)CA Civil Procedure Code § 426.60(a) This article applies only to civil actions and does not apply to special proceedings.
(b)CA Civil Procedure Code § 426.60(b) This article does not apply to actions in the small claims court.
(c)CA Civil Procedure Code § 426.60(c) This article does not apply where the only relief sought is a declaration of the rights and duties of the respective parties in an action for declaratory relief under Chapter 8 (commencing with Section 1060) of Title 14 of this part.
civil actions special proceedings small claims court ...

Section § 426.70

Explanation

This section of the law deals with eminent domain, which is when the government takes private land for public use. It states that if someone wants to make a legal claim (called a cross-complaint) related to eminent domain, they can do so even if they haven't previously filed a claim under a specific part of the Government Code.

(a)CA Civil Procedure Code § 426.70(a) Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings.
(b)CA Civil Procedure Code § 426.70(b) The related cause of action may be asserted by cross-complaint in an eminent domain proceeding whether or not the party asserting such cause of action has presented a claim in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code to the plaintiff in the original eminent domain proceeding.
eminent domain cross-complaint related cause of action ...