Cross-Complaints (Part 1)

The cross-complaint can be used to assert claims for affirmative relief against:

  • Plaintiff
  • Co-Defendant
  • Someone not yet a party

It can be used to avoid avoiding filing other lawsuits against any of the above.  The cross-complaint can be filed by the original defendant or anyone against whom a cross-complaint has been filed.  A cross-complaint is an independent action, and it is not dependant on the plaintiff’s complaint.  The issues of a cross-complaint are completely severable from issues raised by original complaint and answer.  Therefore, a cross-complaint is not affected by dismissal of the plaintiff’s complaint.  It must be separately dismissed.

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