Can a cross-complaint be filed against a party who is not a party to the original action?

California, United States of America


The following excerpt is from J. C. Penney Co. v. Westinghouse Elec. Corp., 217 Cal.App.2d 834, 32 Cal.Rptr. 172 (Cal. App. 1963):

'In 1957, section 442 of the Code of Civil Procedure was amended to permit a cross-complaint to be filed against any person whether or not a party to the original action. In Roylance v. Doelger, 57 Cal.2d 255, 19 Cal.Rptr. 7, 368 P.2d 535, the court carefully reviewed the prior decisions and held that as a result of this amendment a cross-complaint in the nature of an action for declaratory judgment might be filed, bringing in a person against whom a defendant and cross-complainant claimed a right of indemnity. * * *

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