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Code of Civil Procedure - CCP - CCP § 427.10
Code of Civil Procedure - CCP - CCP § 427.10
(a) A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of action against one or more defendants may unite with such cause any other causes which he has either alone or with any coplaintiffs against any of such defendants. (b) Causes of action may be joine
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Code of Civil Procedure - CCP - CCP § 428.10
Code of Civil Procedure - CCP - CCP § 428.10
A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. N
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Code of Civil Procedure - CCP - CCP § 428.20
Code of Civil Procedure - CCP - CCP § 428.20
When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such person is already a party to the action, if, had the cross-complaint been filed as an independent action, the joinder of th
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Code of Civil Procedure - CCP - CCP § 428.30
Code of Civil Procedure - CCP - CCP § 428.30
Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other causes of action he has against any of the cross-defendants, other than the plaintiff in an eminent domain proceeding, whether o
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Code of Civil Procedure - CCP - CCP § 428.40
Code of Civil Procedure - CCP - CCP § 428.40
The cross-complaint shall be a separate document.
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Code of Civil Procedure - CCP - CCP § 428.50
Code of Civil Procedure - CCP - CCP § 428.50
(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court
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Code of Civil Procedure - CCP - CCP § 428.60
Code of Civil Procedure - CCP - CCP § 428.60
A cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action. (2)
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Code of Civil Procedure - CCP - CCP § 428.70
Code of Civil Procedure - CCP - CCP § 428.70
(a) As used in this section: (1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who claims the right to recover all or part of any amounts for which he may be held liable on such cause of action from a th
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Code of Civil Procedure - CCP - CCP § 428.80
Code of Civil Procedure - CCP - CCP § 428.80
The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers to asserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous desi
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Code of Civil Procedure - CCP - CCP § 429.30
Code of Civil Procedure - CCP - CCP § 429.30
(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes the person filing a cross-complaint. (b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic
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Code of Civil Procedure - CCP - CCP § 43
Code of Civil Procedure - CCP - CCP § 43
The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, t
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Code of Civil Procedure - CCP - CCP § 430.10
Code of Civil Procedure - CCP - CCP § 430.10
The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in th
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Code of Civil Procedure - CCP - CCP § 430.20
Code of Civil Procedure - CCP - CCP § 430.20
A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this s
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Code of Civil Procedure - CCP - CCP § 430.30
Code of Civil Procedure - CCP - CCP § 430.30
(a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading. (b) When any ground
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Code of Civil Procedure - CCP - CCP § 430.40
Code of Civil Procedure - CCP - CCP § 430.40
(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint. (b) A party who has filed a complaint or cross-complaint may, within 10 days after service of
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Code of Civil Procedure - CCP - CCP § 430.41
Code of Civil Procedure - CCP - CCP § 430.41
(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached th
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Code of Civil Procedure - CCP - CCP § 430.50
Code of Civil Procedure - CCP - CCP § 430.50
(a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. (b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answe
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Code of Civil Procedure - CCP - CCP § 430.60
Code of Civil Procedure - CCP - CCP § 430.60
A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded.
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Code of Civil Procedure - CCP - CCP § 430.70
Code of Civil Procedure - CCP - CCP § 430.70
When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, e
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Code of Civil Procedure - CCP - CCP § 430.80
Code of Civil Procedure - CCP - CCP § 430.80
(a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of
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Code of Civil Procedure - CCP - CCP § 430.90
Code of Civil Procedure - CCP - CCP § 430.90
(a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows: (1) If the defendant has not generally appeared in either the original
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Code of Civil Procedure - CCP - CCP § 431.10
Code of Civil Procedure - CCP - CCP § 431.10
(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation th
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Code of Civil Procedure - CCP - CCP § 431.20
Code of Civil Procedure - CCP - CCP § 431.20
(a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true. (b) The statement of any new matter in the answer, in avoidance or constituting a defense, shall, on the trial, be deemed co
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Code of Civil Procedure - CCP - CCP § 431.30
Code of Civil Procedure - CCP - CCP § 431.30
(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a person filing an answer to a cross-complaint. (b) The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controver
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Code of Civil Procedure - CCP - CCP § 431.40
Code of Civil Procedure - CCP - CCP § 431.40
(a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file