Code Civ. Proc., § 426.40 · Article 2. Compulsory Cross-Complaints
Code Civ. Proc., § 426.40
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Added by Stats. 1971, Ch. 244.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=426.40.
- Text hash
- sha256 999ccefd917ea3766bdca972b86c6889624b767d53d7fc581b672f07e4f05e4e
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
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Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.