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§ 426.10.Definitions

Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 2. Compulsory Cross-Complaints · Enacted 1971 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 426.10 defines the terms used in the compulsory cross-complaint article, including a related cause of action as one arising from the same transaction, occurrence, or series of transactions or occurrences as the plaintiff's claim.

Full Text of § 426.10

Text sizeJump to: (a) (b) (c)

As used in this article:
(a) "Complaint" means a complaint or cross-complaint.
(b) "Plaintiff" means a person who files a complaint or cross-complaint.
(c) "Related cause of action" means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.

Plain-English Summary

Section 426.10 sets the vocabulary for the compulsory cross-complaint rules that follow, most importantly § 426.30. It defines “complaint” to include a cross-complaint and “plaintiff” to mean whoever filed one, so the article's terms apply symmetrically whether the underlying claim came in as an original complaint or as a cross-complaint against someone else.

The definition that carries the most weight is “related cause of action” in subdivision (c): a cause of action arising out of the same transaction, occurrence, or series of transactions or occurrences as the cause the plaintiff has alleged. That phrase is the trigger for § 426.30's use-it-or-lose-it rule — a defendant who has a related cause of action against the plaintiff, in this sense, must raise it in a cross-complaint or risk losing the right to bring it later.

Because the definition turns on a factual relationship (same transaction or series of transactions) rather than a fixed list of claim types, whether a given counterclaim is “related” is a case-specific question, decided by how closely the facts of the two claims overlap.

Frequently Asked Questions

What does 'related cause of action' mean in the compulsory cross-complaint statute?

Section 426.10(c) defines it as a cause of action arising out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action the plaintiff has alleged.

Does 'plaintiff' in this article include someone who filed a cross-complaint?

Yes. Section 426.10(b) defines plaintiff, for purposes of this article, as a person who files a complaint or cross-complaint.

Why does this definitional section matter if it doesn't create any obligations itself?

It sets the terms that § 426.30 relies on to require a defendant to plead a related cause of action against the plaintiff or lose the right to bring it in a later action.

Amendment History

Added by Stats. 1971, Ch. 244.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: related cause of action california definitioncompulsory cross complaint definitions california