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California Code of Civil Procedure Section 428.70

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 428.70

428.70.  (a) As used in this section:
   (1) "Third-party plaintiff" means a person against whom a cause of
action has been asserted in a complaint or cross-complaint, who
claims the right to recover all or part of any amounts for which he
may be held liable on such cause of action from a third person, and
who files a cross-complaint stating such claim as a cause of action
against the third person.
   (2) "Third-party defendant" means the person who is alleged in a
cross-complaint filed by a third-party plaintiff to be liable to the
third-party plaintiff if the third-party plaintiff is held liable on
the claim against him.
   (b) In addition to the other rights and duties a third-party
defendant has under this article, he may, at the time he files his
answer to the cross-complaint, file as a separate document a special
answer alleging against the person who asserted the cause of action
against the third-party plaintiff any defenses which the third-party
plaintiff has to such cause of action. The special answer shall be
served on the third-party plaintiff and on the person who asserted
the cause of action against the third-party plaintiff.

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Last modified: March 17, 2014