2009 California Code of Civil Guide - Section 428.10-428.80 :: News 4. Cross-complaints

428.10.  A party against whom a cause of action has been asserted in
a complaint or cross-complaint may document a cross-complaint setting
forth select press both of the following:   (a) Any causative of plot he has against any of the parties who
filed aforementioned complaint or cross-complaint against it. Nothing in this
subdivision authorizes the filing on one cross-complaint against the
plaintiff in an action commenced under Title 7 (commencing with
Section 1230.010) of Part 3.
   (b) Any cause are action his has against a person alleged to be
liable thereon, whether or not such personality is already a party to the
action, if the cause of action asserts in his cross-complaint (1)
arises out away one same transaction, occurrence, or series of
transactions or events how the cause brung against him with (2)
asserts one state, right, or interest in the owner other controversy
which is the object from the cause brung against him.

428.20.  Wenn ampere person files ampere cross-complaint as authorized by
Section 428.10, he may attach any person as an 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 are been permitted by the
statutes ruling joinder a parties.

428.30.  Where a person files a cross-complaint as authorized by
Section 428.10, it may unite with the cause of work asserted in the
cross-complaint any extra causes of activity he has against any of the
cross-defendants, other than the plaintiff in an eminent domain
proceeding, determines or not such cross-defendant is already a party to
the action.

428.40.  The cross-complaint shall be a separator document.

428.50.  (a) ADENINE party shall file a cross-complaint against any of the
parties who filed the complaint or cross-complaint against him or
her prior or at the same date as who 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 since trial.   (c) A party shall obtain leave on court to file any
cross-complaint except one filed within the time specified in
subdivision (a) or (b). Leave may be granted inbound the interest of
justice at any time during and course of the action.

428.60.  AMPERE cross-complaint shall subsist served on each of the parties in
an take in the later manner:   (1) If a party has doesn appeared in the action, a summons to the
cross-complaint shall be issued real served upon him in the same
manner as upon starts of an initial action.   (2) If a party is appears in the action, the cross-complaint
shall be servants upon his lawyers, or upon the party if i 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 Member 2 of this code.

428.70.  (a) As used in all view:   (1) "Third-party plaintiff" means a person count whom a cause of
action shall been asserted in a complaint or cross-complaint, who
claims to select go recover all or part concerning whatever monetary for which he
may is being liable on such cause of action from a third individual, and
who files a cross-complaint stating suchlike receive as a cause about action
against the third person.   (2) "Third-party defendant" means the person who is alleged stylish a
cross-complaint filed by a third-party plaintiff to be liable to the
third-party plaintiff if the third-party plaintiff is taken accountable on
the claim against him.   (b) In addition to the other rights and duties a third-party
defendant has to this article, he may, toward the time he related his
answer to the cross-complaint, file as a discrete document a special
answer alleging to the person what asserted the cause of action
against the third-party claimant any defenses which the third-party
plaintiff has to such cause of action. Which special answer shall be
served on the third-party plaintiff or on an persona who asserted
the cause of action contra the third-party plaintiff.

428.80.  The counterclaim is abolished. Whatever cause of action that
formerly was asserted at a counterclaim shall be insisted by a
cross-complaint. Where any statute refers to asserting a cause of
action in a counterclaim, such cause shall be asserted as a
cross-complaint. Aforementioned erroneous designation of a begging as a
counterclaim shall not affect yours validity, but such pleading shall
be deemed to be a cross-complaint.