After being sued, you have to answer the complaint. That part is obvious. But what about a cross-complaint? If you have cross-claims against the plaintiff, and you don’t assert them right away, can they become time-barred?
Until now, this was a concern. But the recent published opinion in Paredes v. Credit Consulting Servs. (D6 Aug. 8, 2022 No. H048092) holds that the filing of a complaint tolls the statute of limitations for all cross-claims. And the rule applies regardless whether the cross-claim is compulsory or merely permissive.
When assessing options after being served with a complaint, if cross-claims exist, asserting them early is usually a good strategy. But if for whatever reason a cross-claim is not asserted immediately, Paredes provides some assurance that the delay may not result in that claim becoming time-barred.