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HomeProbate CodeDiv. 3Pt. 1Ch. 3§ 1044 Plaintiff And Defendant Defined

§ 1044 Plaintiff And Defendant Defined

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1044 Plaintiff And Defendant Defined

This law says the person who starts the case (the petitioner or the one who says 'yes' to the claim) is called the plaintiff, and the person who answers or objects is called the defendant.

Key Takeaways

  • •The party who files or affirms the claim is the plaintiff.
  • •The party who objects or responds to the claim is the defendant.
  • •These labels are used in any legal case to show who started the case and who is responding.

Example

Jane files a petition to get her landlord to fix a broken pipe. Jane is the plaintiff, and the landlord who replies to the petition is the defendant.

Because Jane started the case, she is the plaintiff. The landlord, who is responding to her petition, is the defendant, just like the law says.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1044 Plaintiff And Defendant Defined

The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

petitionerplaintiffdefendantparty affirmingparty objecting

Related Statutes

  • § 1460 Hearing Notice Requirements
  • § 1040 Hearing Procedures Exceptions
  • § 1041 Court Clerk Hearing Scheduling
  • § 1042 Hearing Notice Requirements
  • § 1043 Hearing Responses And Objections

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1044.
View Official Source