US-California

What if the defendant files a claim against me in the same case?

30 days
Response deadline
CCP § 426.10
Cross-complaint statute
Yes
Can file in same case
Form PLD-C-003
Official form
The Short Answer

If the defendant files a claim against you in the same case, it’s called a cross-complaint—and you must respond within 30 days after service, or risk a default judgment.

What the Law Says

California law allows a defendant to assert claims against the plaintiff—or other parties—in the same lawsuit through a 'cross-complaint.' This avoids duplicative litigation and promotes judicial efficiency.

A cross-complaint is a formal legal document filed by a defendant that asserts one or more causes of action against the plaintiff, co-defendants, or third parties. It must be filed before or at the time the defendant files their answer—or with court permission later.

Once served, you (the plaintiff or other targeted party) become a 'cross-defendant' and must file a response—typically an answer—within 30 days under California Code of Civil Procedure § 426.30. Failure to respond may result in a default judgment on the cross-complaint.

The court may consolidate related claims, set a single trial date, and apply the same discovery rules. Cross-complaints are subject to the same pleading standards as original complaints—including factual specificity and legal sufficiency.

Statutory Text

A defendant may file a cross-complaint against the plaintiff, a coparty, or one who is not a party to the action.

— Code of Civil Procedure, § 426.10 — Who May File Cross-Complaint
Statutory Text

A cross-complaint shall be filed and served within the time for filing and serving an answer to the complaint, unless the court permits it to be filed and served at a later time.

— Code of Civil Procedure, § 426.30 — Time for Filing and Serving Cross-Complaint
Statutory Text

A party against whom a cross-complaint is filed shall file and serve an answer to the cross-complaint within 30 days after service of the cross-complaint.

— Code of Civil Procedure, § 426.50 — Time for Answering Cross-Complaint

What to Do

1

Review the cross-complaint carefully to identify all claims and parties named.

2

File a written answer (or demurrer/motion to strike, if appropriate) using Judicial Council Form PLD-C-003 or your own pleading.

3

Serve your response on the cross-complainant and file proof of service with the court within 30 days.

4

Consider whether to file your own cross-complaint in response—if you have related claims.

5

Attend the Case Management Conference (due within 180 days of filing) and prepare a joint case management statement.

Sources

Related Questions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-07.