What is a cross-claim?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A cross-claim is a claim brought by one party against a co-party within the same action, arising out of the same transaction or occurrence that is the basis of the original action. This means that if there are multiple defendants or co-defendants in a lawsuit, one defendant may assert a cross-claim against another for contributions, indemnity, or other related claims, all stemming from the same set of facts or transaction that led to the initial lawsuit.

This is particularly relevant in cases where multiple parties are involved and where their interests are interconnected. For example, if two drivers are involved in an accident and one driver is sued by the plaintiff, that driver may cross-claim against the other driver for any damages resulting from the accident. Such claims promote judicial efficiency by resolving all related disputes in a single proceeding.

The other responses do not accurately define a cross-claim. A claim solely against the plaintiff would not involve another co-party, nor would it meet the criteria for a cross-claim. Similarly, claiming that a cross-claim cannot be joined with a counterclaim misunderstands the procedural allowances, as cross-claims can often be joined with counterclaims as part of the same litigation. Lastly, a claim unrelated to the original action does not meet

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