Legal Question in Real Estate Law in California

A defendant is required to file a cross-complaint against the plaintiff at or before the same time as the answer to the complaint. �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.� (Code of Civ. Proc., sect. 428.50 subd. (a).)

If you attorney failed to file a cross-complaint against the plaintiff at the time of filing your answer, then he or she will have to file a motion for leave to file a cross-complaint. �A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the court of the action.� (Code of Civ. Proc., � 428.50 subd. (c).)

If your cross-complaint is related to the transaction or series of transactions alleged in plaintiff's complaint, it is compulsory, and it must be filed in this action or else it will be barred after a judgment on the grounds of res judicata. �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.� (Code of Civ. Proc., � 426.30 subd. (a).)

Mr. Roach is correct, but there is no particular onus or stigma attached to getting leave of court and obtaining the judge's OK to file late. In fact, a cross-complaint can be filed against a party other than the plaintiff, without "leave of court" up until a trial date is set. CCP 428.50(b). If the "interests of justice" will be served by cross-complaining at a later date, by all means your attorney should ask for permission to do so.