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California Points & Authorities
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


6-61 California Points & Authorities 61.syn


Title

Cross Complaints

Author

The Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

A defendant or a cross-defendant may file a cross-complaint to set forth a cause of action against any party who filed a complaint against the defendant or cross-defendant; additionally or alternatively, the defendant/cross-defendant may file a cross-complaint to set forth a cause of action against a person alleged to be liable, whether that person is a party to the action or not. A cross-complaint may be permissible or compulsory.

This chapter of California Points and Authorities contains memoranda concerning cross complaints. Specifically, it includes memoranda supporting and opposing motions for leave to file a permissive cross complaint, supporting and opposing motions to strike a permissive cross complaint, supporting and opposing motions for leave to amend a cross complaint or to file a compulsory cross complaint, supporting and opposing demurrers to or other motions concerning complaints based on failure to file a compulsory cross complaint in a prior or pending action, and supporting and opposing motions to dismiss an appeal based on whether or not the order striking or dismissing a cross complaint is appealable.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.

CORE TERMS:

California law,California practice,cross complaint,cross-complaint,cross-defendant,permissible cross-complaint,compulsory cross-complaint

RELATED CHAPTERS: (View)

For a discussion of the format requirements governing memoranda generally, see Ch. 1, Writing Legal Memoranda and Briefs.

For a discussion and general forms for use in moving for a separate trial of a special defense not going to the merits of the action, see Ch. 10, Abatement and Survival of Actions.

For memoranda relating to demurrers generally, see Ch. 71, Demurrers and Motions for Judgment on the Pleadings.

For forms of memoranda for use in eminent domain proceedings generally, see Ch. 95, Eminent Domain.

For memoranda relating to motions to strike generally, see Ch. 160, Motions to Strike.

RELATED PUBLICATIONS:

See Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) for precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists and forms that you can't find elsewhere.

For a discussion and forms relating to cross complaints and applications for leave to file cross complaints, see California Forms of Pleading and Practice, Ch. 123, Complaints and Cross Complaints (Matthew Bender).

For a discussion and forms relating to motions for separate trial of affirmative defenses, see California Forms of Pleading and Practice, Ch. 3, Abatement of Actions (Matthew Bender).

For a discussion, a procedural guide, and forms relating to appeal of denial of motion for leave to file a cross complaint, see California Forms of Pleading and Practice, Ch. 51, Appeal: Hearing and Decision (Matthew Bender).

For a discussion, a procedural guide, and forms relating to demurrers, see California Forms of Pleading and Practice, Ch. 206, Demurrers and Motions for Judgment on the Pleadings (Matthew Bender).

For a discussion, a procedural guide, and forms relating to motions to strike, see California Forms of Pleading and Practice, Ch. 375, Motions to Strike (Matthew Bender).
 
 
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