If a claim asserted in a cross-complaint is established at the trial and the amount so established exceeds the demand established by the party against whom the cross-complaint is asserted, judgment for the party asserting the cross-complaint must be given for the excess; or if it appears that the party asserting the cross-complaint is entitled to any other affirmative relief, judgment must be given accordingly. When the amount found due to either party exceeds the sum for which the court is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue.
§ 666.Judgment For Party Asserting Cross-Complaint
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 8. The Manner of Giving and Entering Judgment · Last amended 1971 · Last verified July 28, 2026
In one sentenceSection 666 requires judgment for the cross-complainant when the cross-complaint's established claim exceeds the demand established against them, allows judgment for any other affirmative relief the cross-complainant is entitled to, and lets a party remit any excess above the court's jurisdictional amount so judgment can be rendered for the remainder.
Full Text of § 666
Plain-English Summary
Cross-complaints let a defendant turn the tables and seek relief of their own, and § 666 tells the court what to do when both sides' claims are proven. If the cross-complainant's claim, once established at trial, exceeds the amount established against them on the original claim, judgment for the cross-complainant has to cover that excess. And if the cross-complainant is entitled to other affirmative relief beyond a money award, judgment has to reflect that too.
The section also solves a jurisdictional problem: if what's due to either side exceeds the amount the court is authorized to enter judgment for, that party can remit the excess and let judgment be entered for whatever remains within the court's authority.
Frequently Asked Questions
What happens if a cross-complainant's claim exceeds the amount established against them?
Judgment must be entered for the cross-complainant for the excess.
Can a court award relief beyond money on a cross-complaint?
Yes, if the cross-complainant is entitled to other affirmative relief, judgment must reflect that too.
What if the amount due exceeds what the court can enter judgment for?
The party can remit the excess and take judgment for the remainder, within the court's jurisdictional limit.
Amendment History
Amended 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: cross-complaint judgment californiaremittitur jurisdictional amount california