Legal Question in Civil Litigation in California

Re: withdrawing an answer to the complaint

You can file and serve an amended answer within 10 days of service and filing of the original answer. The amended answer takes the place of the original answer. If the 10 days period has already elapsed, then you will need to file a motion to file an amended answer with the court. Having a proper answer with all your affirmative defenses is extremely important. If you do not assert an affirmative defense in your answer, you could be precluded from presenting that defense at the time of trial, which could cause you to lose a case you should have won.

Re: withdrawing an answer to the complaint

You'd better explain why you'd want to withdraw an answer. If you do so, you might face default, and the plaintiff could obtain a judgment against you.

If you think things in the answer are factually incorrect, you could amend the answer for the sake of accuracy.

Re: withdrawing an answer to the complaint

You should hire a lawyer.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.