Is a cross-complaint in a personal injury case compulsory in nature?

California, United States of America


The following excerpt is from Silver Organizations Ltd. v. Frank, 217 Cal.App.3d 94, 265 Cal.Rptr. 681 (Cal. App. 1990):

Respondent, properly so, does not argue that appellants' proposed cross-complaint is not compulsory in nature. It clearly is since it seeks affirmative claims for relief which evolve from "a series of acts or occurrences logically interrelated" and thus is a related cause of action subject to forfeiture if not pleaded in the instant action as provided in section 426.30. (See Saunders v. New Capital For Small Businesses, Inc. (1964) 231 Cal.App.2d 324, 336, 41 Cal.Rptr. 703.) 2

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