Does a confession by default of the allegations in a cross-complaint invalidate a plaintiff's cause of action?
California, United States of America
The following excerpt is from Priester v. Citizens National Trust & Savings Bank of Los Angeles, 131 Cal.App.2d 314, 280 P.2d 835 (Cal. App. 1955):
As said in Lubarsky v. Chavis, 99 Cal.App. 610, 616, 279 P. 205, 207: 'The plaintiff's confession by default of the allegations of the cross-complaint did not, therefore, negative his cause of action set out in his complaint. Defendant was not entitled to judgment upon the pleadings because the issues made by the complaint and answer thereto, if decided in favor of plaintiff, would entitle plaintiff to judgment notwithstanding all the allegations of the cross-complaint be true.'
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