RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 428.20 lets a party filing a cross-complaint join any person as a cross-complainant or cross-defendant, whether or not already a party, as long as that joinder would have been allowed under the general party-joinder statutes if the cross-complaint had been filed as an independent action.

Full Text of § 428.20

Text size

When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross- complainant or cross-defendant, whether or not such person is already a party to the action, if, had the cross-complaint been filed as an independent action, the joinder of that party would have been permitted by the statutes governing joinder of parties.

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.

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: joinder of parties cross complaint californiaadding a new party through cross complaint california