Russo

The trial court granted summary judgment to defendants on the ground that plaintiff’s cause was barred because he had failed to file a cross-complaint in a prior action brought by defendants. He appeals from the judgment.

The facts are undisputed. On Januaiy 31, 1973, the individual defendants Proulx (not including defendant entity Scrambler Motorcycles) filed an action in the superior court, No. C 48791, titled “Complaint for Declaratoiy Relief; Dissolution of Partnership, Accounting; Appointment of Receiver; Quiet Title to Partnership Real Property; Damages,” naming as defendants Frank G. Carlisi, Mary Pat Carlisi and Frank M. Russo, plaintiff and appellant herein. Of the five causes of action pleaded, the first, for declaratoiy relief, named only the Carlisis; the second contained only facts pertaining to the Carlisis as partners of the plaintiffs Proulx; the third, also for declaratory relief, was the only cause which expressly named Russo, appellant herein; the fourth alleged the breach of a partnership agreement by Mr. Carlisi and the fifth, alleged that the Carlisis were obligated to plaintiffs Proulx on a promissory note. On April 16, 1973, Russo, plaintiff and…