Schuh

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Schuh’s Complaint Against Chase and the Trial Court’s Issuance of an Order to Show Cause re Dismissal On August 11, 2020, Schuh filed a complaint for damages against Chase, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, assault, and battery. Schuh alleged that in 2004, in consideration of their becoming engaged to marry, Chase orally agreed to “pay all of [p]laintiff’s [] living expenses” and “take care of the plaintiff and have a family together.” Beginning in the spring of 2020, Chase allegedly breached the agreement to pay Schuh’s monthly expenses. In support of her tort claims, Schuh alleged a series of acts amounting to physical, emotional and sexual abuse by Chase. Schuh prayed for damages in excess of $10,000,000, punitive damages, and prejudgment interest.

Subsequent undesignated statutory references are to the Code of Civil Procedure.

2 On September 23, 2020, Schuh filed a proof of substitute service on Chase accompanied by a declaration of diligence by a registered process server showing two prior attempts at personal service…