Legal Question in Credit and Debt Law in California

My wife and I have been sued for alleged debt for services associated with a contract. We have both answered the complaint. However, I have stumbled upon California Code of Civil Procedure 371: "If a husband and wife are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse's right also." Does this allow my wife to withdraw her answer and allow me to effectively defend, on my own, for the entire community's interest? There is almost no case law on CCP 371. What kind of motion would she file to dismiss her answer?

Asked on 2/11/16, 12:06 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

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I am not sure how your wife withdrawing her answer would assist your case. You should discuss this with an attorney before taking any action.

Answered on 2/11/16, 7:44 pm

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