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Matthew Bender (R) Practice Guide: California Pretrial Civil Procedure
Kiesel, Lichtman, Matthai, Seabolt
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-16 MB Practice Guide: CA Pretrial Civil Procedure 16.syn




Paul R. Kiesel;Peter D. Lichtman;Edith R. Matthai;Richard L. Seabolt

Chapter Summary


By filing cross-complaints, parties can avoid a multiplicity of actions. Cross-complaints are either compulsory or permissive. Compulsory cross-complaints address claims related to those alleged in the plaintiff's complaint. If a defendant or cross-defendant fails to assert any related claims against the plaintiff, the court will bar the claims. Permissive cross-complaints allow a party to bring any claims against the other party or parties who filed a complaint (or cross-complaint) against the party. Permissive cross-complaints also allow a party to bring claims germane to the action against other parties or nonparties.

This chapter covers cross-complaints. It describes and distinguishes permissive and compulsory cross-complaints. It also explains how a case may be reclassified by cross-complaint. The chapter concludes with discussion on filing and serving cross-complaints.

Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) covers all of the major pretrial procedures for a civil case, from the initial client interview and identification of parties, to preparing a complaint and filing responses, to ending the case before trial. This publication also provides guidance for finding pertinent online information, cross-references to additional relevant content, and forms. The numerous practice tips, searches and checklists will help the attorney keep track of important procedures or deadlines.


California pretrial civil procedure,California civil procedure,cross-complaints in California,compulsory cross-complaints in California,permissive cross-complaints in California,filing cross-complaints in California,serving cross-complaints in California


For more discussion on topics related to cross-complaints, see Ch. 1, Litigation Milestone Checklists, Ch. 2, Client Interview, Ch. 7, Complaints, Ch. 15, Reclassification, Ch. 32, Notice of Related Cases, Consolidation, Coordination, and Severance of Actions.


For extensive discussion on filing cross-complaints in federal civil actions, see Matthew Bender(R) Practice Guide: Federal Pretrial Civil Procedure in California, Ch. 11, Counterclaims, Crossclaims, and Replies (Matthew Bender)

For detailed discussion/forms on filing cross-complaints, see California Forms of Pleading and Practice, Ch. 123, Complaints and Cross Complaints (Matthew Bender).

For memoranda of points and authorities associated with cross-complaints, see California Points and Authorities, Ch. 61, Cross Complaints (Matthew Bender).

See Matthew Bender(R) Practice Guide: California Civil Discovery (Matthew Bender) for expert guidance on handling discovery requests and responses, including: interrogatories, requests for admissions, requests for inspection of documents or things, depositions, physical and mental examinations, and exchange of expert information.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial; jury selection; and motions and objections relating to direct and cross-examination.
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