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 4 — Cross-Complaints, Section 428.80

The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers to asserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous designation of a pleading as a counterclaim shall not affect its validity, but such pleading shall be deemed to be a cross-complaint.

Notes

Bars use of the former counterclaim pleading and requires any cause previously asserted as a counterclaim, including one referenced that way by another statute, to be asserted as a cross-complaint. Mistakenly labeling a pleading a counterclaim does not invalidate it; the pleading is instead treated as a cross-complaint.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 428.80 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-2/article-4/section-428-80

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