US-CaliforniaWhat if the defendant files a claim against me in the same case?
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 TextA 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 TextA 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 TextA 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
Review the cross-complaint carefully to identify all claims and parties named.
File a written answer (or demurrer/motion to strike, if appropriate) using Judicial Council Form PLD-C-003 or your own pleading.
Serve your response on the cross-complainant and file proof of service with the court within 30 days.
Consider whether to file your own cross-complaint in response—if you have related claims.
Attend the Case Management Conference (due within 180 days of filing) and prepare a joint case management statement.
Sources
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: 2026-06-08.