§ 2032.210.“Plaintiff” and “defendant” defined
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 2. Physical Examination of Personal Injury Plaintiff · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2032.210
Plain-English Summary
This short section makes sure Article 2's demand procedure reaches cross-claims, not just original complaints. Throughout the article, plaintiff includes a cross-complainant, and defendant includes a cross-defendant.
That matters because personal injury claims often arrive as cross-complaints, not just original complaints, such as when a defendant sued over a car accident cross-complains against a co-defendant. Without this definition, it might be unclear whether the streamlined one-exam demand process in the rest of this article applies to those cross-claims the same way it applies to the original pleading. This section removes that doubt.
Frequently Asked Questions
Does Article 2's exam-demand process apply to a personal injury cross-complaint?
Yes. Section 2032.210 defines plaintiff to include a cross-complainant, so a party asserting personal injuries by cross-complaint gets the same treatment.
Does defendant include a cross-defendant under this article?
Yes, for purposes of Article 2, defendant includes a cross-defendant.
Why single out this definition just for Article 2?
Because Article 2's streamlined demand procedure is specifically limited to personal-injury plaintiffs and the defendants they sue, and cross-claims needed their own clarification to fit that same framework.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)