California § 426.40. 426.40. (Added by Stats. 1971, Ch. 244.)

California Statutes

§ 426.40. — 426.40. (Added by Stats. 1971, Ch. 244.)

California § 426.40.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title6.

Part 2.TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS

Ch. 2.CHAPTER 2. Pleadings Demanding Relief

Art. 2.ARTICLE 2. Compulsory Cross-Complaints

This text of California § 426.40. (426.40. (Added by Stats. 1971, Ch. 244.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 426.40. (2026).

Text

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.

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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.