Legal Question in Personal Injury in California

Re: Cross-Complaint

While it is a good idea to have the summons with you when you file the cross-complaint, it is not actually required that you do so. You can prepare summonses after the cross-complaint has been filed and, unless the cross-complaint has been dismissed, the clerk will issue the summonses and you may then serve them upon the cross-defendants. Be sure to serve the cross-complaint, civil case cover sheet, and other necessary documents along with the summonses.

Also, be sure to act as quickly as you can; you really should serve the cross-defendants within 30 days after you filed the cross-complaint, in the longer you wait beyond this date the more likely it becomes that you will be sanctioned for your delay.

One final point -- if any of the cross-defendants are already parties to the case, there is no need to serve them with a summons. The summons is used to bring a person within the court's authority, but someone who is already a party to the case is already subject to that authority and need not be served with a second summons.