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

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?

Van Nuys, CA -

Attorney Answers (3)

John Joseph O'Brien

John Joseph O'Brien

Lawsuit / Dispute Attorney - San Diego, CA
Answered

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... more
Frank Wei-Hong Chen

Frank Wei-Hong Chen

Litigation Lawyer - San Marino, CA
Answered

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... more
Constantine D. Buzunis

Constantine D. Buzunis

Litigation Lawyer - San Diego, CA
Answered

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.... more

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