California Code of Civil Procedure 720.350 – (a) Subject to the power of the court to permit an amendment in …
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(a) Subject to the power of the court to permit an amendment in the interest of justice:
(1) The third-party claim constitutes the pleading of the third person.
Terms Used In California Code of Civil Procedure 720.350
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
(2) In the case of a third-party claim by a secured party, the creditor‘s statement constitutes the pleading of the creditor.
(b) A third-party claim of ownership, right to possession, or a lien, shall be deemed controverted by the creditor.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)