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ALIGN TECHNOLOGY, INC. v. TRAN

No. H033161.

179 Cal.App.4th 949 (2009)

ALIGN TECHNOLOGY, INC., Plaintiff and Appellant, v. BAO TRAN et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

November 25, 2009.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, Thomas A. Counts and T. Lee Kissman for Plaintiff and Appellant.

Robinson & Wood, Hugh F. Lennon and Ann A. Nguyen for Defendants and Respondents.

OPINION

DUFFY, J. —

California's compulsory cross-complaint statute prohibits a party from asserting a claim if, at the time the party answered a complaint in prior litigation, it failed to allege in a cross-complaint any then existing, related cause of action against the plaintiff. (Code Civ. Proc., § 426.30, subd. (a).)1 Few cases have construed the relatedness requirement of the compulsory cross-complaint...

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