§ 428.20.Joinder of Person As Cross-Complainant Or Cross- Defendant
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 4. Cross-Complaints · Enacted 1971 · no amendments on record · Last verified July 28, 2026
Full Text of § 428.20
Plain-English Summary
Section 428.20 extends California's general rules on joinder of parties into the cross-complaint context. When a party files a cross-complaint under § 428.10, it may join any person as a cross-complainant or cross-defendant — regardless of whether that person is already involved in the case — as long as joining that person would have been permitted under the ordinary statutes governing joinder of parties if the cross-complaint had instead been filed as its own independent lawsuit.
The test the section sets is a hypothetical one: imagine the cross-complaint stood alone as a new action, and ask whether the party-joinder rules would allow bringing in the person in question. If yes, that person can be joined in the cross-complaint exactly as they could have been joined in a freestanding suit.
This mirrors § 428.10(b)'s substantive test for what claims a cross-complaint may assert against a non-party by tying the procedural question — who can be brought into the case — to the same body of law that governs ordinary party joinder generally, rather than creating a separate, cross-complaint-specific standard.
Frequently Asked Questions
Can a cross-complaint bring in someone who isn't already a party to the lawsuit?
Yes. Section 428.20 allows a person to be joined as a cross-complainant or cross-defendant whether or not they are already a party, as long as the general joinder-of-parties statutes would have permitted joining them had the cross-complaint been filed as an independent action.
What standard governs whether a new person can be added through a cross-complaint?
Section 428.20 applies the same standard as the statutes governing joinder of parties generally — the same test that would apply if the cross-complaint were its own independent lawsuit.
Amendment History
Added by Stats. 1971, Ch. 244.