RulesofCivilProcedure.com Civil Procedure · Every State

§ 426.60.Inapplicability of Article to Small Claims Court Actions Or Declaration of Rights and Duties of Parties

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 426.60 limits the compulsory cross-complaint article to ordinary civil actions, excluding special proceedings, small claims court actions, and actions seeking only a declaration of the parties' rights and duties under declaratory relief.

Full Text of § 426.60

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

(a) This article applies only to civil actions and does not apply to special proceedings.
(b) This article does not apply to actions in the small claims court.
(c) This article does not apply where the only relief sought is a declaration of the rights and duties of the respective parties in an action for declaratory relief under Chapter 8 (commencing with Section 1060) of Title 14 of this part.

Plain-English Summary

Section 426.60 fences off three categories of proceedings from the compulsory cross-complaint article altogether. Subdivision (a) confines the article to civil actions, excluding special proceedings — a separate procedural category under California law with its own governing rules. Subdivision (b) excludes small claims court actions, where the informal, low-dollar, often self-represented nature of the forum makes a compulsory cross-complaint requirement impractical.

Subdivision (c) excludes actions where the only relief sought is a declaration of the parties' rights and duties under the declaratory relief chapter (Chapter 8, commencing with § 1060, of Title 14 of this part). A pure declaratory relief action asks the court to clarify a legal relationship rather than to award damages or other coercive relief, and the Legislature chose not to force related claims into that kind of proceeding under threat of forfeiture.

Section 426.70 then carves a targeted exception back into subdivision (a)'s special-proceedings exclusion for eminent domain proceedings specifically — a reminder that these carve-outs are not absolute and that a later, more specific section can restore the compulsory cross-complaint framework for a particular kind of case.

Frequently Asked Questions

Does the compulsory cross-complaint rule apply in small claims court?

No. Section 426.60(b) states that this article does not apply to actions in the small claims court.

Do I have to cross-complain in a pure declaratory relief action?

No. Section 426.60(c) excludes actions where the only relief sought is a declaration of the parties' rights and duties under the declaratory relief chapter, beginning at § 1060.

Does § 426.60 exclude special proceedings from the compulsory cross-complaint rule entirely?

Generally yes, under subdivision (a), but § 426.70 restores the article's application specifically to eminent domain proceedings, which are themselves a special proceeding.

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: compulsory cross complaint small claims californiadeclaratory relief cross complaint exceptionspecial proceedings cross complaint california