Legal Question in Civil Litigation in California

When answering a complaint... until when can a defendant file a cross complaint...?


Asked on 10/02/09, 2:32 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Simultaneously with the answer, unless facts are developed later, at which time you would have to file a motion to bring a cross-complaint.

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Answered on 10/02/09, 3:12 am

I would just add that those motions are librally granted early in the case, and later in the case if it would not put the other side at any disadvantage, but if you sit on the claim and then want to add it after a lot of discovery and pretrial work has been done with no one knowing you were going to make these claims, then your motion may likely be denied. Early in the case they are granted so routinely that most attorneys will just stipulate to the order allowing filing, since they know they will lose if they oppose a motion for leave to file it.

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Answered on 10/02/09, 9:59 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

At the time of filing. If you need to make a motion, I will assist. Contact me directly.

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Answered on 10/02/09, 12:10 pm


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