{"code":"CCP","codeName":"Code of Civil Procedure","section":"428.70","citation":"Code Civ. Proc., § 428.70","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CIVIL ACTIONS [307. - 1062.34.]","url":"https://blackletter.si/code-of-civil-procedure/part-2"},{"name":"TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420. - 475.]","url":"https://blackletter.si/code-of-civil-procedure/part-2/title-6"},{"name":"CHAPTER 2. Pleadings Demanding Relief [425.10. - 429.30.]","url":"https://blackletter.si/code-of-civil-procedure/part-2/title-6/chapter-2"},{"name":"ARTICLE 4. Cross-Complaints [428.10. - 428.80.]","url":"https://blackletter.si/code-of-civil-procedure/part-2/title-6/chapter-2/article-4"}],"history":"Added by Stats. 1971, Ch. 244.","effective":null,"html":"<p>(a) As used in this section:</p><p>(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.</p><p>(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.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/code-of-civil-procedure/cross-complaints-428-70","source":"California Legislative Information bulk export (pubinfo)"}