California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 2 — Pleadings Demanding Relief, Article 4 — Cross-Complaints, Section 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.

Notes

Defines third-party plaintiff and third-party defendant based on a cross-claim seeking recovery from a third person for liability asserted against the original defendant. Allows the third-party defendant, when answering, to file a separate special answer asserting defenses available to the third-party plaintiff against the original claimant, and requires service on both relevant parties.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 428.70 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-2/article-4/section-428-70

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.