§4.03 No Compulsory Cross-Claims

There are no compulsory cross-claims in small claims court. Thus, the defendant does not have to file a cross-claim to preserve it and can bring it later in a separate action. [CCP §426.60(b); Anderson v Superior Court (Blaskovich) (1990) 226 CA3d 698, 701; Universal City Nissan, Inc. v Superior Court (Magdamo) (1998) 65 CA4th 203, 205.]

If a defendant has a claim against a third party, it can be filed as a separate action in small claims court, and the defendant can request that it be consolidated. [See §4.07.] The defendant’s claim form does not provide for a direct third-party claim. [See form SC-120.]