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