California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 2 — Pleadings Demanding Relief, Article 2 — Compulsory Cross-Complaints, Section 426.40

This article does not apply if any of the following are established:

(a) The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction.

(b) Both the court in which the action is pending and any other court to which the action is transferrable pursuant to Section 396 are prohibited by the federal or state constitution or by a statute from entertaining the cause of action not pleaded.

(c) At the time the action was commenced, the cause of action not pleaded was the subject of another pending action.

Notes

Exempts a related cause of action from this compulsory cross-complaint article when adjudication requires additional parties beyond the court’s jurisdiction, when every transferable court is constitutionally or statutorily barred from hearing it, or when the cause was already the subject of another pending action when the current action began.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 426.40 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-2/article-2/section-426-40

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