Cross-Complaint


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Cross-Complaint

A type of Pleading that asserts a claim against any of the parties suing the person making the complaint, or against anyone else involved in the same controversy or having an interest in the same property that is the subject of the lawsuit.

The rules in many states permit or require a defendant to make claims for recovery from another party using a counterclaim or a cross-claim within the answer rather than using a different kind of pleading, but some jurisdictions permit a cross-complaint to be used instead of an answer for this purpose.

cross-complaint

n. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief. (See: complaint, pleading, answer, demurrer, service of process, summons)

References in periodicals archive ?
PacRim then filed a cross-complaint against Aon, asserting that it "owed a duty of reasonable care to procure and maintain [the insurance policy] in PacRim's favor," which Aon allegedly breached by negligently or intentionally failing to disclose "Legion's deteriorating financial condition and eventual insolvency.
The insurer charged the insured with falsifying claims, and in a cross-complaint to the insurer's action for bad faith and breach of contract, it employed the tort theories of reverse bad faith and fraud.
The appeals court upheld the right of the defendant to file a cross-complaint against the plaintiff for defamation after the latter's attorney faxed a copy of a court pleading to a San Francisco reporter.
LOS ANGELES -- On May 17, 2012, a Los Angeles Superior Court jury agreed with a novel legal theory, awarding F&E Aircraft Maintenance $246,000, and squashing a cross-complaint, in a closely-watched tortious interference case.
Sumner Redstone's granddaughter, Keryn Redstone, has filed a cross-complaint in connection to that lawsuit, and is planning to proceed with her lawsuit even if there is a settlement, according to a separate source familiar with the situation.
Farmers had no liability under the homeowner's insurance policy as a matter of law and was entitled to summary adjudication on its complaint and the Bautistas' cross-complaint that it had no duty to indemnify or defend the Bautistas in the underlying action, the appellate court concluded.
However, the estate executors have filed a cross-complaint, claiming the late star never intended to die, whether by homicide or not, so his death still qualifies as an accident.
But to the extent that any other identified parties outside the boundaries of the groundwater basin make a claim to groundbasin water, or who claim a right to control basin recharge water from the watershed, they may be joined as parties either through a motion to amend a complaint or by cross-complaint.
The Met/News publisher termed Torres' cross-complaint "frivolous and silly.
On the eve of trial, Commonfund dropped its claims and the trial proceeded on NCA's cross-complaint.
Viceroy's cross-complaint in October details Mulchandani's decision to leverage Viceroy's management expertise in opening the hotel, which he followed by evicting Viceroy from its role as exclusive hotel manager, Viceroy's statement said.
In his cross-complaint, the actor has alleged that he had been assured by Diamant that the producers would provide a commitment letter, confirming that they had obtained 20 million dollars in financing, 30 days before the start of the movie shoot.