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When filing and serving a cross-complaint, should a Summons also be served to the Plaintiff?

Van Nuys, CA |

I suspect my former attorney never served a Summons when he served the cross-complaint because there is no record of a Summons on file. What happens when plaintiff is not served with cross-complaint with no Summons? If a summons is needed to be served to plaintiff, can I remedy situation by serving a amended cross-complaint with a Summons to plaintiff now?

Complaint filed answer even though he received no Summons. This is a limited case.

Attorney Answers 3

Posted

Anyone named as cross-defendant who is NOT already a party to the action must be personally served with a summons on the cross-complaint, along with the cross-complaint itself (the same procedure as with a complaint). Parties already existing in the lawsuit are simply served with the cross-complaint (mail is fine).

From your question, it seems you've filed a cross-complaint against the plaintiff who sued you (who's clearly already in the action), so no summons is necessary.

The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your individual situation. This attorney is only licensed to practice law in California. Your question and this answer do not create an attorney-client relationship. Do not send/post any confidential information.

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Posted

A Summons On Cross-Complaint is not necessary if the sole cross-defendant is the plaintiff in the same case. A Summons on Cross-Complaint is only necessary if new/additional parties are being brought it. Otherwise, service of the future pleadings on counsel of record is sufficient.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

I agree with attorneys O'Brien and Chen.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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