PRETRIAL ADJUDICATION
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Pleading
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Cross-Complaints
.........Compulsory
3 Cards On This Topic:
Party sued in complaint or cross-complaint must assert in cross-complaint any related cause(s) of action s/he has against P or cross-complainant.
Plaintiff/X-Defendant against whom compulsory X-complaint filed cannot seek CCP 396b venue change based on claim of improper venue as determined by reference to X-complaint.
Dismissal proper where P's cause of action, amount due on open book account, was never raised in compulsory cross-complaint in prior action and thus barred.