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§ 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

In one sentenceSection 428.10 lets a party against whom a claim has been asserted file a cross-complaint against the parties who sued it, or against any other person alleged liable, if that new claim arises from the same transaction or occurrence or asserts an interest in the same property or controversy.

Full Text of § 428.10

Text sizeJump to: (a) (b)

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:
(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.
(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.

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.

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
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