"Plaintiff" means a person who files a complaint or cross-complaint.
§ 511.080.Plaintiff
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 1. Words and Phrases Defined · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 511.080 defines plaintiff as a person who files a complaint or a cross-complaint, extending the term to anyone asserting a claim by either pleading.
Full Text of § 511.080
Plain-English Summary
This definition ties together § 511.020's rule that complaint includes cross-complaint. Because a plaintiff is defined as the person who files either pleading, a party who raises a claim to possession of property through a cross-complaint gets treated as a plaintiff for every purpose in this chapter — applying for a writ of possession under § 512.010, seeking a temporary restraining order under § 513.010, and filing the undertaking required by § 515.010.
The definition works alongside § 511.070's broad definition of person, so a plaintiff can be an individual, a corporation, a partnership, an LLC, or a public entity — whoever files the pleading asserting the claim.
Frequently Asked Questions
Who qualifies as a plaintiff under the claim and delivery chapter?
Any person who files a complaint or a cross-complaint asserting the claim.
Can a party who files only a cross-complaint apply for a writ of possession?
Yes. Because that party is a plaintiff under § 511.080, the writ of possession procedure in § 512.010 is available the same as it would be to an original plaintiff.
Amendment History
Added by Stats. 1973, Ch. 526.
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
Also known as: plaintiff definition california claim and delivery