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Is a cross complaint an answer?

Search Legal Terms and Definitions The defendant's 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.

How long do I have to respond to a cross complaint in California?

2009 California Code of Civil Procedure - Section 432.10 :: Article 3. Time To Respond To Cross-complaint. 432.10. A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint.

What does cross complaint mean?

Primary tabs. Cross-complaint, also called \u201ccrossclaim\u201d, 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 is a compulsory cross complaint in California?

A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that \u201carises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint.\u201d CCP § ...

Can you file a cross complaint to a cross complaint in California?

A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the cross-complaint arises out of the same transaction (California Code of Civil Procedure 428.10). There's compulsory cross-complaint and permissive cross-complaint in California.

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What is a compulsory cross complaint in California?

A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that \u201carises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint.\u201d CCP § ...

Do you need a summons for a cross complaint California?

If you are adding new parties to the lawsuit, you will also need to complete a Summons-Cross Complaint (SUM-110) for the Cross-Complaint and have the new parties personally served with the Summons and Cross-Complaint. After service is complete, the server must complete the Proof of Service3 of Summons (POS-010)form.

What does cross complaint mean?

Sometimes called a cross-claim, legal paperwork that a defendant files to initiate his or her own lawsuit against the original plaintiff, a codefendant, or someone who is not yet a party to the lawsuit. A cross-complaint must concern the same events that gave rise to the original lawsuit.

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