California, United States of America
The following excerpt is from Anelle v. Tran, G042477, No. 07CC03564 (Cal. App. 2011):
A cross-complaint relates back and is timely if the original complaint was filed before the statute of limitations on the cross-complaint had run. "[A] cross-complaint need only be subject-matter related to the plaintiff's complaint i.e., arise out of the same occurrence... to relate back to the date of filing the complaint for statute of limitations purposes. [Citation.]" (Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 714.) There is no question that this was a compulsory cross-complaint it arose from the same contract at issue in plaintiffs' complaint, which was filed on March 5, 2007. Thus, the cross-complaint, although filed in September, related back to the date of the initial complaint and was not untimely.
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