Cross-Complaint
(CA)

Summary

This template illustrates the general format and structure of a cross-complaint in a civil action in California superior court. This template includes practical guidance, drafting notes, and optional clauses. A cross-complaint is a pleading that a defendant may use to assert causes of action against the original plaintiff, a co-defendant, or a third party. See Cal. Code Civ. Proc. §§ 426.30, 428.10–428.30. A cross-complaint in California serves the same function as a counterclaim, crossclaim, or third-party complaint in federal court and in other states with civil rules modeled on the federal rules. Cf. Fed. R. Civ. P. 7(a), 13, 14. One distinction from federal practice is that a cross-complaint in California is always a separate document (i.e., is not combined with the answer or any other pleading). See Cal. Code Civ. Proc. § 428.40. In fact, a defendant must assert any such claims by cross-complaint because an answer may not include a demand for affirmative relief. See Cal. Code Civ. Proc. § 431.30(c). In determining whether to bring a cross-complaint, remember that if the defendant has any cause of action that arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged in the complaint, the defendant must assert those causes of action by cross-complaint in the same action; the defendant may not assert them later in a separate action. See Cal. Code Civ. Proc. §§ 426.10(c), 426.30(a). The defendant may also, but is not required, to assert any other, unrelated causes of action existing against the plaintiff. See Cal. Code Civ. Proc. § 428.10(a). Regarding co-defendants or third parties, the defendant may only assert a cross-complaint against these parties if the cause of action either: • Arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action brought against the defendant or • Asserts a claim, right, or interest in the property or controversy that is the subject to the cause of action brought against the defendant See Cal. Code Civ. Proc. § 428.10(b). If the defendant has such a related cause of action against the cross-defendant, the defendant may also join any other cause of action existing against that cross-defendant, even if unrelated to the subject matter of the original action against the defendant. See Cal. Code Civ. Proc. § 428.30. As noted, an original defendant may bring a cross-complaint against the original plaintiff, a co-defendant, or a third party. But a cross-complaint may also be asserted by another party against whom a cross-complaint has been brought. See Cal. Code Civ. Proc. § 428.10. For example, a co-defendant served with a cross-complaint may in response file and serve a cross-complaint against the cross-complainant or against another co-defendant, the original plaintiff, or a third party. The compulsory cross-complaint rules that apply to the original defendant also apply to a cross-defendant. See Cal. Code Civ. Proc. §§ 426.10, 426.30. This template has been drafted for use by an original defendant against whom a complaint has been served, but may also be adapted for use by a cross-defendant against whom a cross-complaint has been served. The pleading requirements for a cross-complaint are generally the same as for an original complaint. Like a complaint, the basic required contents for a cross-complaint are: • A statement of the facts constituting the cause of action, in ordinary and concise language and • A demand for judgment for the relief to which the pleader claims to be entitled Cal. Code Civ. Proc. § 425.10(a). The specific substantive content of the cross-complaint will of course depend on the facts of the case and the causes of action and theories of recovery alleged. For a general discussion of pleading requirements for complaints, including the required level of specificity, see Commencing a Lawsuit: Drafting and Filing the Complaint (CA). For template complaints for use in a wide variety of different types of actions, which may be adapted for use as cross-complaints, see California Forms of Pleading and Practice (Matthew Bender). From a format perspective, a cross-complaint also generally resembles an original complaint, except that: • The party filing the cross-complaint is denoted the cross-complainant and the party against whom the cross-complaint is filed is denoted the cross-defendant, for purposes of the cross-complaint. • The caption typically lists two case titles on the left-hand side: the "short title" of the original action, listing just the first party on each side, and the full title of the cross-complaint proceedings, listing all cross-complainants and cross-defendants. In addition, the complaint must comply with the general format requirements for all papers filed in trial courts. See Cal. Rules of Ct., Rule 2.100 et seq.; Formatting Rules in Court Checklist (CA).Beyond these general requirements, the format and structure of the cross-complaint is left to the cross-complainant's attorney. The appropriate structure will depend in large part on the nature and complexity of the case. By way of example, this template illustrates the basic structure of a cross-complaint alleging more than one cause of action, and for some causes of action, more than one theory of recovery, sometimes referred to as a "count." Where multiple causes of action or counts are alleged, they should be numbered and each one should be labeled to identify the general nature of the cause of action or theory of recovery alleged. See Cal. Rules of Ct., Rule 2.112(1), (2). If multiple parties are involved, each cause of action or count should also indicate which cross-complainant is asserting that particular cause of action or count against which cross-defendant. See Cal. Rules of Ct., Rule 2.112(3), (4). The cross-complaint must be signed by at least one attorney of record for the cross-complainant, but generally need not be verified by the cross-complainant or accompanied by an affidavit unless otherwise required by a specific statute applicable to the case. See Cal. Code Civ. Proc. § 128.7(a). For further discussion of the signature requirement and certifications implied by the attorney's signature on a cross-complaint or other pleading, see Motion for Sanctions for Frivolous Filings and Other Bad Faith Conduct: Making and Responding to the Motion (CA). The Judicial Council has developed and approved official forms for use in California trial courts for any complaint, cross-complaint, or answer in any action based on personal injury, property damage, wrongful death, unlawful detainer, breach of contract, or fraud. Use of these forms is optional. See Cal. Code Civ. Proc. § 425.12. These forms may be located and downloaded from the California Courts website. Consider using one of these form cross-complaints where applicable, in lieu of drafting a cross-complaint, if the facts of your case are relatively simple. The cross-complaint must be filed with the court and served on the cross-defendant(s) and each of the other parties to the action. A party may file a cross-complaint before or at the same time as the answer to the complaint or cross-complaint against the party is due. Cal. Code Civ. Proc. § 428.50(a). Any other cross-complaint (i.e., cross-complaint against another co-party or against a third party) may be filed at any time before the court has set a date for trial. Cal. Code Civ. Proc. § 428.50(b). A party must obtain leave of the court to file a cross-complaint after expiration of the times specified in Cal. Code Civ. Proc. § 428.50(a) or (b). See Cal. Code Civ. Proc. § 428.50(c). The procedures regarding service differ depending on whether the cross-defendant or other party to be served has or has not previously appeared in the underlying action, as discussed below. See Cal. Code Civ. Proc. § 428.60. If a party to be served has not previously appeared as a party in the action (e.g., an original defendant who has not appeared in the action or a person who was not previously named a party to the underlying action), you must file the cross-complaint, obtain issuance of a summons on the cross-complaint, and then serve the summons and a copy of the cross-complaint on the party in the same manner as on commencement of an original action. Cal. Code Civ. Proc. § 428.60(1); see Cal. Code Civ. Proc. § 413.10 et seq. (service of summons). For discussion of procedures for issuance and service of summons, see Commencing a Lawsuit: Serving Process (CA). If a party to be served has previously appeared in the action, the cross-complaint must be served on the party's attorney, or on a party appearing without an attorney, either in the manner provided for service of summons or in the manner provided in Cal. Code Civ. Proc. § 1010 et seq. for service of other papers in the action on existing parties. Cal. Code Civ. Proc. § 428.60(2). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For additional information on drafting, serving, and filing cross-complaints, and the distinction between compulsory and permissive cross-complaints, see Cross-Complaints (CA).