Answer-Contract: An Answer is filed in response to a Complaint, which begins a lawsuit. In particular, this is an Answer to be used in a contract cause of action. The Answer is basically the Defendant's defense to a Plaintiff's allegations.
San Jose California Answer to Complaint or Cross-Complaint regarding Contracts
Category:
State:
California
City:
San Jose
Control #:
CA-PLD-C-010
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PDF
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How to fill out California Answer To Complaint Or Cross-Complaint Regarding Contracts?
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FAQ
(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
What is a Cross-Complaint? After a complaint has been filed with the court and served with the Summons on the defendant, the defendant may file his or her own written complaint called a ?cross-complaint? against the plaintiff, (the person originally suing the defendant). This is also known as a ?counter-suit?.
Cross-Complaints If you have a claim that arises out of the same transaction, occurrence, or series of events as the plaintiff's lawsuit, you must file a Cross-Complaint with your Answer.
In California, where counterclaims are abolished, a cross-complaint is defined broadly. A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the cross-complaint arises out of the same transaction (See California Code of Civil Procedure 428.10).
428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
FILING A CROSS COMPLAINT: If you have a claim against the plaintiff and you want the court to hear your claim, you have to file a Cross-Complaint against the plaintiff at the same time you file your answer.
complaint is compulsory if the crosscomplainant has a cause of action against the party who brought the original complaint or crosscomplaint, that ?arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint.? CCP §
In California, where counterclaims are abolished, a cross-complaint is defined broadly. A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the cross-complaint arises out of the same transaction (See California Code of Civil Procedure 428.10).