RulesofCivilProcedure.com Civil Procedure · Every State

§ 481.070.Defendant

Title 6.5. Attachment · Chapter 1. Words and Phrases Defined · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 481.070 provides that the word "defendant" includes a cross-defendant wherever it appears in the Attachment Law, giving a cross-defendant the same procedural standing as an originally named defendant.

Full Text of § 481.070

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"Defendant" includes a cross-defendant.

Plain-English Summary

This mirrors § 481.060’s treatment of "complaint." A person named in a cross-complaint is a "defendant" for every purpose under this title — including the eligibility rules in § 483.010 and the procedural protections, such as notice and the right to claim exemptions, that this title gives defendants generally.

Frequently Asked Questions

Does a cross-defendant get the same protections as an original defendant in an attachment proceeding?

Yes. Section 481.070 makes "defendant" include a cross-defendant throughout Title 6.5, so the same notice, hearing, and exemption rights apply.

Why does the Attachment Law bother defining "defendant" to include a cross-defendant?

Because a cross-complaint creates a new claim within an existing lawsuit, and Section 481.070 makes sure the cross-defendant on that claim gets the same attachment procedure as any other defendant.

Amendment History

Added by Stats. 1974, Ch. 1516.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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