wisdom in filing cross complaint

[uncle]

What is the name of your state? California

First of all thank you all, especially you i am always liable. You guys really provide a necessary service to the public, and it is greatly appreciated.

Now hopefully for my last question of the day.

Is it wise to file a cross complaint when you know a plaintiff's complaint does not comply with the code of civil procedure.

Does this preclude you from seeking a dismissal on appeal.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

First of all thank you all, especially you i am always liable. You guys really provide a necessary service to the public, and it is greatly appreciated.

Now hopefully for my last question of the day.

Is it wise to file a cross complaint when you know a plaintiff's complaint does not comply with the code of civil procedure.

Does this preclude you from seeking a dismissal on appeal.

My response:

A cross-complaint is only used when you, as the defendant, have a bonifide complaint (compensable problem) with the Plaintiff; e.g., something that happened outside of the legal arena, like a breach of contract, or some other cause of action.

To address a problem with the Plaintiff's complaint, you would, depending upon the type of problem, file and serve a "Motion to Strike" (all or a part of the complaint), or a "Demurrer." A Motion to Strike is saying to the Plaintiff or Cross-Complainant, in essence, that there is some sort of surplusage or error in the pleading that doesn't need to be in the complaint. A Demurrer says to the defendant, in essence, "So What? You've made all of these allegations, but it doesn't rise to the level of a Cause of Action."

IAAL