California Code of Civil Procedure 426.30 – (a) Except as otherwise provided by statute, if a party against …
(a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.
(b) This section does not apply if either of the following are established:
Terms Used In California Code of Civil Procedure 426.30
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a complaint or cross-complaint. See California Code of Civil Procedure 426.10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: means a person who files a complaint or cross-complaint. See California Code of Civil Procedure 426.10
- Related cause of action: means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. See California Code of Civil Procedure 426.10
- Statute: A law passed by a legislature.
(1) The court in which the action is pending does not have jurisdiction to render a personal judgment against the person who failed to plead the related cause of action.
(2) The person who failed to plead the related cause of action did not file an answer to the complaint against him.
(Added by Stats. 1971, Ch. 244.)