Jul. 28, 2010
Do 'Special Answers' Make a Sound?
If a statute is enacted but not used, does it make a sound? By Dan Jacobson of Pacific West College of Law.
Daniel Lee Jacobson
If a statute is enacted but not used, does it make a sound? This philosophical, late-night dorm room talk question comes to mind when considering Code of Civil Procedure Section 428.70. Operative since 1972, Section 428.70 allows a third-party cross-defendant to assert defenses against the plaintiff's complaint. That's a pretty nifty device because by definition, a third-party cross-defendant has not been sued by the plaintiff, yet ...
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