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Current as of January 01, 2025 | Updated by Findlaw Staff
This article does not apply if any of the following are established:
(a) The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction.
(b) Both the court in which the action is pending and any other court to which the action is transferrable pursuant to Section 396 are prohibited by the federal or state constitution or by a statute from entertaining the cause of action not pleaded.
(c) At the time the action was commenced, the cause of action not pleaded was the subject of another pending action.
Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 426.40 - last updated January 01, 2025 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-426-40/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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