California Code of Civil Procedure 872.430 is the California partition statute that specifies that claims for compensatory adjustment may be included in the answer. The statute provides that:
The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
California Code of Civil Procedure 872.430
“The Legislative Committee Comment to the section states that the statute “avoids the need of the defendant to file a cross-complaint for affirmative relief.” [1] Such claims for compensatory adjustment arise under CCP 872.140. This means that a cross-complaint is often unnecessary in a partition action.
Indeed: “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” Code Civ. Proc. § 872.610; see Determination of Interests, 12 Witkin, Summary 11th Real Prop (2022) § 70.
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References
| ↑1 | Gray v. Superior Court (1997) 52 Cal.App.4th 165, 168. “Section 872.430…avoids the need of the defendant to file a cross-complaint for affirmative relief. Compare Section 431.30(c) (affirmative relief may not be claimed in the answer).” California Code of Civil Procedure 872.430, Law Revision Commission Comment |
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