Legal Question in Real Estate Law in California

If your wife can get an answer filed before the request for entry of default is filed, she will prevent the entry of her default. If your default is entered, she will have to file a motion to set aside the default, which can be a problem.

California is a community property state. It sounds as though this is a community debt, but I would have to know more details to be sure.

As I understand it, the request for entry of default has already been requested, and probably granted. Depending somewhat on the validity of your reasons for failing to answer on time, it's reasonably likely that the court will grant relief from default. This would be pursuant to Code of Civil Procedure sections 473 and 473.5, which allow relief when the failure to answer on time is due to mistake, inadvertence, surprise or excusable neglect.

In my experience, the court is likely to give relief IF it is requested promptly and the request is accompanied by the proposed answer, stating in legally correct and logically cogent terms the basis upon which you claim to have a defense.

California, by the way, is one of the 49 states whose legal system is based primarily upon English common law. The only exception is Louisiana, where the legal system is based primarily upon French/Continental civil law. Without knowing whether your failed business was a proprietorship, partnership, LLC or corporation, I cannot say with any certainty whether you have any defense based upon your wife being the only one to sign the lease. However, I agree with Mr. Roach that a defense based primarily upon her being the only one to sign is unlikely to be very productive. Among other reasons, anyone who signs a lease as an officer of a company commits the company, not just herself.

There are defenses available for breach of lease, including whether the landlord attempted to mitigate damages by re-leasing the property to another lessee. It's rather unusual for a party that skips out on a long-term lease to be liable for 100% of the future rent. Please feel free to contact me if you'd like to discuss possible defenses.