cross-complaint waiver (California) · Go Syfert
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cross-complaint waiver in California

5 California opinions name it 2 courts 1942–2022 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Reynolds Metals Co. v. Alpersongreen
cal · 1979 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021(Ibid.; see also Reynolds, supra, 25 Cal.3d at p. 129 [“Had plaintiff prevailed on its cause of action claiming defendants were in fact the alter egos of the corporation [citation], defendants would have been liable on the notes”].) We conclude that the trial court in the malpractice action correctly found that TDS was entitled to fees on the Thompsons’ cross-complaint under the rule that a prevailing party is entitled to recover its attorney fees pursuant to a contract provision if the opposing party would have been entitled to attorney fees had it prevailed.

2021(Ibid.; see also Reynolds, supra, 25 Cal.3d at p. 129 [“Had plaintiff prevailed on its cause of action claiming defendants were in fact the alter egos of the corporation [citation], defendants would have been liable on the notes”].) We conclude that the trial court in the malpractice action correctly found that TDS was entitled to fees on the Thompsons’ cross-complaint under the rule that a prevailing party is entitled to recover its attorney fees pursuant to a contract provision if the opposing party would have been entitled to attorney fees had it prevailed.

11
Paolini v. Sulpriziogreen
cal · 1927 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

11
Thompson v. Modern School of Business & Correspondencegreen
cal · 1920 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

11
Schmidt v. Mesmergreen
cal · 1897 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

1948(Paolini v. Sulprizio, 201 Cal. 683, 685-687 [ 258 P. 380 ]; Thompson v. Modern School of B. & C., 183 Cal. 112, 117-118 [ 190 P. 451 ]; see Prosser on Torts [1941], 775; 12 Cal.Jur. 782.) [4] Appellant relies, however, on Schmidt v. Mesmer, 116 Cal. 267, 270-271 [ 48 P. 54 ], where the court said: "If, after his knowledge of what he claims to have been the fraud, he elects not to rescind, but to adopt the contract and sue for damages, he must stand toward the other party at arm's length; he must on his part comply with the terms of the contract; he must not ask favors of the other party, or o

11
Moskovitz v. Lefrancoisgreen
calctapp · 1932 · cited in 1 California opinions naming this issue, 1942–1942
2 sentences

1942(See Ackermam, v. Schultz, 178 Cal. 190 [ 172 Pac. 609 ]; Moskovitz v. LeFrancois, 121 Cal. App. 310, 313 [ 8 Pac. (2d) 1049 ]; 5 Cal. Jur. 193.) Also, it is the rule that new parties may be brought in under a cross-complaint where it is made apparent that their presence is essential to the complete determination of the controversy between parties already before the court.

1942(See Ackermam, v. Schultz, 178 Cal. 190 [ 172 Pac. 609 ]; Moskovitz v. LeFrancois, 121 Cal. App. 310, 313 [ 8 Pac. (2d) 1049 ]; 5 Cal. Jur. 193.) Also, it is the rule that new parties may be brought in under a cross-complaint where it is made apparent that their presence is essential to the complete determination of the controversy between parties already before the court.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. green
calctapp · 2016
2 sentences

2022(See id. at pp. 952-953, 960-965.) 16 cross-complaint against him [or her],’ regardless of whether such claims were related to those upon which the suit was brought.” (Id. at p. 86, quoting § 428.10, subd. (a).) The court in ZF Micro Devices ultimately concluded that “a defendant’s cross-complaint against the plaintiff, irrespective of whether it is related to the matters asserted in the complaint, is entitled to the benefit of the tolling doctrine.” (ZF Micro Devices, supra, 5 Cal.App.5th at p. 92 .) In reaching this decision, the court relied primarily on pre-1971 California Supreme Court to

2022(ZF Micro Devices, supra, 5 Cal.App.5th at p. 85 .) With limited exceptions, a party sued in a complaint or cross-complaint may file what is commonly termed a “permissive” cross-complaint, that is, “a cross-complaint setting forth . . . [¶] (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him.” (§ 428.10, italics added.) By contrast, if a defendant’s cause of action against the plaintiff is “related to” the subject matter of the complaint, the failure to plead it in a cross-complaint will bar the defendant from asserting it in any lat

12022–2022
Align Technology, Inc. v. Tran green
calctapp · 2009
1 sentence

2022(ZF Micro Devices, supra, 5 Cal.App.5th at p. 85 .) With limited exceptions, a party sued in a complaint or cross-complaint may file what is commonly termed a “permissive” cross-complaint, that is, “a cross-complaint setting forth . . . [¶] (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him.” (§ 428.10, italics added.) By contrast, if a defendant’s cause of action against the plaintiff is “related to” the subject matter of the complaint, the failure to plead it in a cross-complaint will bar the defendant from asserting it in any lat

12022–2022
Jones v. Mortimer green
cal · 1946
1 sentence

2022(See id. at pp. 952-953, 960-965.) 16 cross-complaint against him [or her],’ regardless of whether such claims were related to those upon which the suit was brought.” (Id. at p. 86, quoting § 428.10, subd. (a).) The court in ZF Micro Devices ultimately concluded that “a defendant’s cross-complaint against the plaintiff, irrespective of whether it is related to the matters asserted in the complaint, is entitled to the benefit of the tolling doctrine.” (ZF Micro Devices, supra, 5 Cal.App.5th at p. 92 .) In reaching this decision, the court relied primarily on pre-1971 California Supreme Court to

12022–2022
American Motorcycle Assn. v. Superior Court yellow
cal · 1978
1 sentence

1979(AMA, *736 supra, 20 Cal.3d at p. 607 .) It did not make the filing of a cross-complaint a requirement for relief in all cases.

11979–1979
Ackerman v. Schultz green
cal · 1918
2 sentences

1942(See Ackermam, v. Schultz, 178 Cal. 190 [ 172 Pac. 609 ]; Moskovitz v. LeFrancois, 121 Cal. App. 310, 313 [ 8 Pac. (2d) 1049 ]; 5 Cal. Jur. 193.) Also, it is the rule that new parties may be brought in under a cross-complaint where it is made apparent that their presence is essential to the complete determination of the controversy between parties already before the court.

1942(See Ackermam, v. Schultz, 178 Cal. 190 [ 172 Pac. 609 ]; Moskovitz v. LeFrancois, 121 Cal. App. 310, 313 [ 8 Pac. (2d) 1049 ]; 5 Cal. Jur. 193.) Also, it is the rule that new parties may be brought in under a cross-complaint where it is made apparent that their presence is essential to the complete determination of the controversy between parties already before the court.

11942–1942

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