§ 428.10.Generally
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 4. Cross-Complaints · Last amended 1975 · Last verified July 28, 2026
Full Text of § 428.10
Plain-English Summary
Section 428.10 is the foundation of California's cross-complaint practice. It lets a party against whom a cause of action has been asserted — by complaint or cross-complaint — file its own cross-complaint back, setting out either or both of two kinds of claims.
Subdivision (a) covers claims against the very parties who sued the cross-complainant: any cause of action that party has against them. One notable limit sits inside this subdivision — it does not authorize a cross-complaint against the plaintiff in an eminent domain action brought under Title 7 (commencing with § 1230.010) of Part 3, reflecting the government's distinct posture as condemnor in that kind of proceeding.
Subdivision (b) reaches further, letting the cross-complainant bring in a claim against a person alleged to be liable on it, whether or not that person is already a party — so long as the claim either arises out of the same transaction, occurrence, or series of transactions or occurrences as the claim brought against the cross-complainant, or asserts a claim, right, or interest in the property or controversy that is the subject of that claim. That second path is what lets a defendant pull in a third party (through the third-party practice mechanics of § 428.70) or assert an interest in disputed property even against someone not previously in the case.
Frequently Asked Questions
Who can file a cross-complaint under California law?
Section 428.10 allows a party against whom a cause of action has been asserted in a complaint or cross-complaint to file a cross-complaint of its own.
What kinds of claims can go in a cross-complaint?
Section 428.10 allows two kinds: any cause of action the cross-complainant has against the parties who sued it, and any cause of action against a person alleged to be liable — party or not — if it arises from the same transaction or occurrence as the original claim, or asserts a claim, right, or interest in the property or controversy at issue.
Can a defendant cross-complain against the plaintiff in every kind of case?
Not in every case. Section 428.10(a) bars a cross-complaint against the plaintiff in an eminent domain action commenced under Title 7 (§ 1230.010 and following) of Part 3.
Does a cross-complaint have to target someone already in the lawsuit?
No. Section 428.10(b) allows a cross-complaint against a person alleged to be liable whether or not that person is already a party to the action, as long as the claim meets the same-transaction or property-interest test.
Amendment History
Amended by Stats. 1975, Ch. 1240.