1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

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12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR LEAVE
) TO FILE CROSS-COMPLAINT; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF _____________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
) DATE:
15 Defendants. ) TIME:
) DEPT:
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address. Be sure to remove this notice before using this document.
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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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the above entitled court, located at ____________________________________________,
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27 Defendant, _________________________, will and hereby does move the Court for leave to file a

28 Cross-Complaint against Cross-Defendants ______________________________ in this action.

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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
 1 This motion is made pursuant to California Code of Civil Procedure 426.50 on the grounds
2 that as the causes of action contained in the proposed Cross-Complaint seek affirmative claims for
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relief which evolve from "a series of acts or occurrences logically interrelated" and thus are related
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causes of action subject to forfeiture if not pleaded in this action, and that the moving party should be
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granted leave to file their proposed Cross-Complaint to avoid forfeiture of their causes of action.

7 This motion is based upon this notice, the attached memorandum of points and authorities, the

8 Declaration of ____________________ and Exhibits thereto, the records and files of this action, and
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upon such oral and documentary evidence as may be presented by Defendant upon the hearing of the
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motion.
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13 Dated: ________________ __________________________________________

ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of ____________________________________.
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Plaintiffs complaint alleges that Defendant _________________________Defendant denies

7 all of the allegations of Plaintiffs complaint.

8 Defendant has prepared a proposed cross-complaint with _____ causes of action,

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__________________________.See the Declaration of _____________, and Exhibit A to same,
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attached hereto and incorporated herein by reference.
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Defendant contends that as their failure to timely file and serve a cross-complaint was due to
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13 the negligence of prior counsel the Court should grant their motion and allow all of the claims in this

14 case to be heard on their merits, as the law favors.

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17 https://legaldocspro.myshopify.com/products/sample-motion-for-leave-
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to-file-cross-complaint-in-california
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT