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A cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit.
When can a cross-complaint be filed in California?
Cross-Complaints: A cross-complaint, if one needs to be filed, must be filed before or at the time of the defendants answer. 51 After that time has passed, the party will require leave from the court to file a cross-complaint.
Can you file a cross-complaint to a cross-complaint in California?
(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.
What is the difference between a complaint and a cross-complaint?
The defendants filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint.
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