California Code of Civil Procedure - California

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cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.

      (Amended by Stats. 1983, Ch. 176, Sec. 1.)

      428.60. A cross-complaint shall be served on each of the parties in an action in the following manner:

      (1) If a party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action.

      (2) If a party has appeared in the action, the cross-complaint shall be served upon his attorney, or upon the party if he 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 Part 2 of this code.

      (Amended by Stats. 1974, Ch. 429.)

      428.70. (a) As used in this section:

      (1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who claims the right to recover all or part of any amounts for which he may be held liable on such cause of action from a third person, and who files a cross-complaint stating such claim as a cause of action against the third person.

      (2) “Third-party defendant” means the person who is alleged in a cross-complaint filed by a third-party plaintiff to be liable to the third-party plaintiff if the third-party plaintiff is held liable on the claim against him.

      (b) In addition to the other rights and duties a third-party defendant has under this article, he may, at the time he files his answer to the cross-complaint, file as a separate document a special answer alleging against the person who asserted the cause of action against the third-party plaintiff any defenses which the third-party plaintiff has to such cause of action. The special answer shall be served on the third-party plaintiff and on the person who asserted the cause of action against the third-party plaintiff.

      (Added by Stats. 1971, Ch. 244.)

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

      (Added by Stats. 1971, Ch. 244.)

      ARTICLE 5. Contents of Documents in Particular Actions or Proceedings

      429.30. (a) As used in this section:

      (1) “Complaint” includes a cross-complaint.

      (2) “Plaintiff” includes the person filing a cross-complaint.

      (b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic, or intellectual production, there shall be attached to the complaint a copy of the production as to which the infringement is claimed and a copy of the alleged infringing production. If, by reason of bulk or the nature of the production, it is not practicable to attach a copy to the complaint, that fact and the reasons why it is impracticable to attach a copy of the production to the complaint shall be alleged; and the court, in connection with any demurrer, motion, or other proceedings in the cause in which a knowledge of the contents of such production may be necessary or desirable, shall make such order for a view of the production not attached as will suit the convenience of the court to the end that the contents of such production may be deemed to be a part of the complaint to the same extent and with the same force as though such production had been capable of being and had been attached to the complaint. The attachment of any such production in accordance with the provisions of this section shall not be deemed a making public of the production within the meaning of Section 983 of the Civil Code.

      (Added by Stats. 1971, Ch. 244.)

      CHAPTER 3.

      Objections to Pleadings; Denials and Defenses

      ARTICLE 1. Objections to Pleadings

      430.10. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

      (a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.

      (b) The person who filed the pleading does not have the legal capacity to sue.

      (c) There is another action pending between the same parties on the same cause of action.

      (d) There is a defect or misjoinder of parties.

      (e) The pleading does not state facts sufficient to constitute a cause of action.

      (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

      (g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.

      (h) No certificate was filed as required by Section 411.35.

      (i) No certificate was filed as required by Section 411.36.

      (Amended by Stats. 1993, Ch. 456, Sec. 3. Effective January 1, 1994.)

      430.20. A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds:

      (a) The answer does not state facts sufficient to constitute a defense.

      (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

      (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.

      (Added by Stats. 1971, Ch. 244.)

      430.30. (a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.

      (b) When any ground for objection to a complaint or cross-complaint does not appear on the face of the pleading, the objection may be taken by answer.

      (c) A party objecting to a complaint or cross-complaint may demur and answer at the same time.

      (Added by Stats. 1971, Ch. 244.)

      430.40. (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.

      (b) A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer.

      (Added by Stats. 1971, Ch. 244.)

      430.41. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.

      (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.

      (2) The parties shall

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