Oakland, CA asked in Contracts, Real Estate Law and Civil Litigation for California

Q: I really need an answer ASAP. I need to what I need to file to cross complaint the Plaintiff and add people to the case.

I submitted the CM-110.Its for a civil unlimited case; I also have the forms #PLD-C-00,CM-010. SUM-110, SUM-200a. And a motion pretty summarizing everything; why and how much I'm countering for, which i also that thought was my "cross". I am mailing the subpoena papers tomorrow also. The clerk returned most of and told me that I cannot process the cross with an answer on file. and I cannot file the cross complaint summons without the cross complaint being submitted. But the self help website says I have to file the cross and Answer together. Please help! Which one do I file. What do I need to submit? Should I file the cross PLD-c00 with the SUM 110/CM010, first and then file my pleading at a later date? I have to file this, this week. Im get different answers. Thank you

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Welcome to Civil Litigation. Apparently you sent in an Answer and CC at the same time, the Clerk accepted the Answer and bounced the CC and now you are stuck in wonderland. It happened to me once. The Clerk cannot file a CC after accepting and filing an Answer, without a court order, which means that you have to file a motion for leave to file a CC, which would be routinely granted under these circumstances, UNLESS YOU RANT ON TOO MUCH in your motion about non issue items, like the merits of your CC, how much you are asking for, how great your claim is, that is all BS to the Court, and the Court may see you as a vexatious litigant.

The only issue is whether you show good cause to file a CC. A "motion" is not a CC. There is a form complaint with a box that can be checked for use as a CC. For your motion you need to file: A notice of the motion, the motion with a summary what happened RE: THE ATTEMPT TO FILE THE CC, legal authority why the court can allow filing a CC after an answer, your declaration about submitting the A and CC at the same time, one being bounced, and a proposed Order for the Court to allow you to file a CC. I believe that CCP 473 should provide you the legal authority to get your CC on file. Or you could hire an attorney to do this for you.

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