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.
Dan Jacobson
Attorney
Phone: (714) 505-4872
Email: dlj@jacobsonlawyers.com
Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.
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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