PART 2. OF CIVIL ACTIONS 307-1062.34›TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS 420-475›CHAPTER 2. Pleadings Demanding Relief 425.10-429.30›ARTICLE 4. Cross-Complaints 428.10-428.80
§ 428.70
California Code of Civil Procedure · 2026-09 edition · updated 2026-10-03 · California
(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.
(Added by Stats. 1971, Ch. 244.)
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