She files a complaint against the driver of car 2 for her damages, so he is the defendant. ��D�����u�L?X���%�{��4#0 �G� 353 0 obj <> endobj In California, you can file a cross-complaint if you are sued, essentially bringing an action against the person suing you.

You are not. H���=k�0�{� If the plaintiff also owes the defendant money from a loan, he can, but isn't obligated to, raise that in a cross-complaint.

You will want to weigh the benefits and disadvantages of doing so. The plaintiff files the complaint with the California court, together with a summons. 431 0 obj <>/Encrypt 354 0 R/Filter/FlateDecode/ID[<89EA4E6BF72106B81B8EBC2067147B23>]/Index[353 245]/Info 352 0 R/Length 142/Prev 183518/Root 355 0 R/Size 598/Type/XRef/W[1 2 1]>>stream These people are called the defendants. 57 0 obj <>stream If you are the defendant and you are filing a cross-complaint bringing new parties into the lawsuit, you must serve each of them with the pleading as well as a summons. On February 5, 1988, Poway filed its answer to the complaint, along with its cross-complaint against Krainock for various theories of indemnity and declaratory relief. ���uU��;x�H����]9�4#�mR�e/��. You deny it was you who knocked it over, but you don't have any claims against her relating to the scooter. He can simply file an answer saying it wasn't his fault. (Code Civ. Both the summons and the complaint must be "served" on the defendant. H��TK��0���������H'�z1��;e�L�tR���?f�R�2�x�2I*e����2Q։������� ��0f{���T1)O%���R�!2���^���_ud��d�n���ڝ\9p����c/��E��ē\��*41F)����4(�v�`O�#�%�`����W�����/+�K37lY��X�N�?�v u��m OƒGl!ػ�Ӹ$yكT��Bu�9�'��#3�Dށ(�ͧ0��4�ZQ�"�5�jhߪc��[�;�D��ы5���r$�ԋ�J !�����W]6v۰H�� 36�3��+� ��e�ޝ��&�R!�+� A complaint also describes the basic outlines of the plaintiff's claims, enough to let the defendants and the court know what happened, when it happened and the type and extent of the injury she suffered from that conduct. A cross-complaint can be filed by any defendant or cross-defendant. Report DMCA, Sample Cross-complaint For Indemnity For California, Sample Motion For Assignment Order For California, Sample Request For Judicial Notice For California, Sample Requests For Admission For California, Sample Demand For Jury Trial For California, Sample 60-day Notice To Vacate For California, Sample California Motion For Attorney Fees After Judgment, Sample Complaint For Assault And Battery In California, Sample Stipulation And Order For Bifurcation Of Marital Status In California, Sample Motion To Vacate California Default Judgment With Attorney Affidavit Of Fault.

You can find cross-complaint forms prepared by the court for certain types of cases. 42 0 obj <> endobj Each cross-complainant named above is a competent adult a. except cross-complainant (name): (1) a corporation qualified to do business in … If the 30th calendar day happens to fall on a weekend or on a court holiday, the deadline is extended until the next business day.

Pleading paper is often available at county law libraries, formatted for use in that county's superior court.

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Unrelated charges are also possible but not compulsory. allegations contained in Plaintiff’s Complaint, or the _____ Cross-Complaint, then Cross-Complainant is informed and believes, and based thereon alleges, that the conduct, in whole or in part, of the Cross-Defendants, and each of them, contributed to the happening of the acts alleged in Plaintiff’s Complaint, and/or the _____ Cross-Complaint on file herein. Unless the cross-complaint is merely for indemnity and contribution, a cross-complaint is really no different than a completely separate lawsuit. Timing requirements are in part based on the filing of the answer to the action. 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 “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint.” CCP § 426.30; CCP § 426.10 h�bbd``b`w����a$�`�q�b�A�k! That means it must be handed to him personally by someone other than the plaintiff, but other means of service can be used if personal service is impossible.

Usually the responsive pleading deadline in California for most types of lawsuits is 30 calendar days after the defendant is served. How to decide whether to file a claim against the plaintiff if it is not related to the original facts in the complaint? The summons also tells the defendant that he has a limited number of days to appear in the case. It is is not reclassified as unlimited by this cross-complaint 1. You can find a California cross-complaint sample online, or look in the court's website for forms. 3d 1476] March 1988 Krainock responded in a timely manner with his answer to the cross-complaint and his own cross-complaint against Poway for the same theories of relief.

9. Let's say that the plaintiff was driving car 1 and was hit behind by car 2. When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a 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 have been permitted by the statutes governing joinder of parties.

Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson,,, and numerous attorney websites.

Seal Beach, CA 90740 Answer To Cross-Complaint (General Form) The Firm For Clients For Lawyers Free Stuff: Law Library : Legal Links : Lawyer Jokes : Home . California may have more current or accurate information. (b) "Plaintiff" means a person who files a complaint or cross-complaint. Proc., § 428.50(b).) report form. Disclaimer: These codes may not be the most recent version. o�7@Ԩ�)˒�P���c �R�Ŗq�K��z�� ��h5�

endstream endobj 43 0 obj <> endobj 44 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/Type/Page>> endobj 45 0 obj <>stream The original defendant is not the only person who is permitted to file a cross-complaint in California.

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