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PART 2. OF CIVIL ACTIONS 307-1062.20›TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS 420-475›CHAPTER 2. Pleadings Demanding Relief 425.10-429.30›ARTICLE 4. Cross-Complaints 428.10-428.80

§ 428.10

California Code of Civil Procedure · 2020-11 edition · updated 2026-10-04 · California

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:

(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.

(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.

(Amended by Stats. 1975, Ch. 1240.)

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