A cross-complaint arises when the defendant of the initial complaint files a complaint of his own against the party suing him. To file a cross-complaint in California, you will need to obtain the appropriate forms and fill them out, notify all parties involved, then file the cross-complaint with the appropriate court. It is always wise to seek professional legal advice before beginning a court case.
Obtain a cross-complaint form from the court clerk of any California court.
Fill out the form using the information from the related case. List your reasons for the cross-complaint and a sample of evidence for the judge to see. Use clear and concise language.
Make several copies of the completed cross-complaint form, being sure to keep a copy for yourself.
Serve the defendant with a copy of the cross-complaint. California law allows the service to be done by mail.
Obtain a proof-of-service form. The forms can be downloaded from the Process Server Institute website. The form you need is "POS-010 Proof of Service of Summons." Print out a copy of the form, and fill in the required information.
Head back to the court. Submit the completed proof-of-service and cross-complaint forms to the court clerk. Pay the filling fee, and await the court's decision.