Article 2 - Compulsory Cross-Complaints

California Code of Civil Procedure — §§ 426.10-426.70

Sections (6)

Added by Stats. 1971, Ch. 244.

As used in this article:

(a)“Complaint” means a complaint or cross-complaint.

(b)“Plaintiff” means a person who files a complaint or cross-complaint.

(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.

§ 426.30

Added by Stats. 1971, Ch. 244.

(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)This section does not apply if either of the following are established:

(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)The person who failed to plead the related cause of action did not file an answer to the complaint against him.

§ 426.40

Added by Stats. 1971, Ch. 244.

This article does not apply if any of the following are established:

(a)The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction.

(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)At the time

the action was commenced, the cause of action not pleaded was the subject of another pending action.

§ 426.50

Added by Stats. 1971, Ch. 244.

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.

§ 426.60

Added by Stats. 1971, Ch. 244.

(a)This article applies only to civil actions and does not apply to special proceedings.

(b)This article does not apply to actions in the small claims court.

(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.

§ 426.70

Added by Stats. 1975, Ch. 1240.

(a)Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings.

(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.