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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.
What does cross-complainant mean?
Search Legal Terms and Definitions 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.
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 plaintiff file a cross-complaint California?
Parties and Claims A cross-complaint can be filed by any defendant or cross-defendant. A cross-complainant may assert against plaintiff or cross-complainant any claims, regardless of whether those claims are related to the subject matter of plaintiffs action.
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If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days
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