Section § 428.10

Explanation

If someone has filed a lawsuit or a claim against you, you're allowed to file your own claim back against them, which is called a cross-complaint. You can do this if you think you have a cause of action against the person suing you. Additionally, you can file a claim against someone else related to the case, even if they are not currently involved, as long as your claim is related to the same situation or property dispute that started the original lawsuit.

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)CA Civil Procedure Code § 428.10(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)CA Civil Procedure Code § 428.10(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.

Section § 428.20

Explanation

This law says that when someone files a cross-complaint, they can include other people as either cross-complainants or cross-defendants, even if those people aren't already involved in the lawsuit. This is allowed as long as the law for adding parties in a separate lawsuit would permit it. Basically, it expands who can be part of the case if it makes sense under the rules for joining parties.

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.

Section § 428.30

Explanation

If someone files a cross-complaint, they can combine it with any other claims they have against the same people being sued, except for the person taking land under eminent domain, and it doesn’t matter if those people are already involved in the case.

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.

Section § 428.40

Explanation

This law section states that when someone files a cross-complaint, it needs to be submitted as its own separate document, not mixed in with other documents.

The cross-complaint shall be a separate document.

Section § 428.50

Explanation

If someone files a complaint against you, you need to file any counterclaims against them at the same time you respond to their complaint. You can file other kinds of counterclaims before the trial date is set. If you want to file a counterclaim outside these time frames, you need the court's permission, which can be granted if it's fair and necessary.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 428.50(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
(c)CA Civil Procedure Code § 428.50(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.

Section § 428.60

Explanation

This law is about how to officially deliver a cross-complaint, which is a new complaint filed within an ongoing case. If a party hasn't joined the case yet, they're served as if it's the start of a new lawsuit. If they're already part of the case, the complaint goes to their lawyer or directly to them if they're not using an attorney. This can be done the same way you'd serve a summons or as the law describes in a specific section about serving documents.

A cross-complaint shall be served on each of the parties in an action in the following manner:
(1)CA Civil Procedure Code § 428.60(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)CA Civil Procedure Code § 428.60(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.

Section § 428.70

Explanation

This section explains what happens when someone (a third-party plaintiff) who is being sued believes someone else should pay if they lose the case. They can file paperwork to bring that person (a third-party defendant) into the lawsuit. The third-party defendant, when responding, can submit an additional document to show any defenses the original defendant might have had. This document needs to be shared with both the third-party plaintiff and the original person who sued.

(a)CA Civil Procedure Code § 428.70(a) As used in this section:
(1)CA Civil Procedure Code § 428.70(a)(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)CA Civil Procedure Code § 428.70(a)(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)CA Civil Procedure Code § 428.70(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.

Section § 428.80

Explanation

This law states that what used to be called a 'counterclaim' must now be filed as a 'cross-complaint' in legal proceedings. If a law mentions using a counterclaim, it should be understood as needing a cross-complaint instead. Even if you accidentally label something a counterclaim, it's still valid and will be treated as a cross-complaint.

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.