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Civil Litigation - Cross-complaints

Northern California Civil Litigation Information

If you are sued, you may have a claim back against the plaintiff, or against another party which arises out of the same incident or transaction. If your cross-complaint arises out of the same incident or transaction alleged in the plaintiff's complaint, then you have to bring your cross-complaint in the same lawsuit. It is compulsory. An easy example is if you sell your home to a third party who later sues you for non-disclosure of alleged defects. If you had instructed your agent to disclose the problem but they failed to do so, you would cross-complain against your agent in the same lawsuit.

If you are being defended by your insurance company in the lawsuit, the carrier is not obligated to pay any attorney's fees or costs related to the prosecution of your claim for damages against another party. However, if your cross-complaint is for a determination that some other party other than you is responsible for part of all of plaintiff's damages (sometimes referred to as an action for "equitable indemnity"), then your insurance company should also pay the fees and costs associated with those claims.

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