2005 California Code of Civil Procedure Sections 426.10-426.70 Article 2. Compulsory Cross-Complaints

CODE OF CIVIL PROCEDURE
SECTION 426.10-426.70

426.10.  As used in this article:
   (a) "Complaint" means a complaint or cross-complaint.
   (b) "Plaintiff" means a person who files a complaint or
cross-complaint.
   (c) "Related cause of action" means a cause of action which arises
out of the same transaction, occurrence, or series of transactions
or occurrences as the cause of action which the plaintiff alleges in
his complaint.
426.30.  (a) Except as otherwise provided by statute, if a party
against whom a complaint has been filed and served fails to allege in
a cross-complaint any related cause of action which (at the time of
serving his answer to the complaint) he has against the plaintiff,
such party may not thereafter in any other action assert against the
plaintiff the related cause of action not pleaded.
   (b) This section does not apply if either of the following are
established:
   (1) The court in which the action is pending does not have
jurisdiction to render a personal judgment against the person who
failed to plead the related cause of action.
   (2) The person who failed to plead the related cause of action did
not file an answer to the complaint against him.
426.40.  This article does not apply if any of the following are
established:
   (a) The cause of action not pleaded requires for its adjudication
the presence of additional parties over whom the court cannot acquire
jurisdiction.
   (b) Both the court in which the action is pending and any other
court to which the action is transferrable pursuant to Section 396
are prohibited by the federal or state constitution or by a statute
from entertaining the cause of action not pleaded.
   (c) At the time the action was commenced, the cause of action not
pleaded was the subject of another pending action.
426.50.  A party who fails to plead a cause of action subject to the
requirements of this article, whether through oversight,
inadvertence, mistake, neglect, or other cause, may apply to the
court for leave to amend his pleading, or to file a cross-complaint,
to assert such cause at any time during the course of the action.
The court, after notice to the adverse party, shall grant, upon such
terms as may be just to the parties, leave to amend the pleading, or
to file the cross-complaint, to assert such cause if the party who
failed to plead the cause acted in good faith.  This subdivision
shall be liberally construed to avoid forfeiture of causes of action.
426.60.  (a) This article applies only to civil actions and does not
apply to special proceedings.
   (b) This article does not apply to actions in the small claims
court.
   (c) This article does not apply where the only relief sought is a
declaration of the rights and duties of the respective parties in an
action for declaratory relief under Chapter 8 (commencing with
Section 1060) of Title 14 of this part.
426.70. (a) Notwithstanding subdivision (a) of Section 426.60, this
article applies to eminent domain proceedings.
   (b) The related cause of action may be asserted by cross-complaint
in an eminent domain proceeding whether or not the party asserting
such cause of action has presented a claim in compliance with Part 3
(commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code to the plaintiff in the original eminent domain
proceeding.


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