Summers

Summers v. McClanahan

Good Law
140 Cal. App. 4th 403·2006 Cal. App. LEXIS 861·2006 Daily Journal DAR 7353·44 Cal. Rptr. 3d 338·2006 Cal. Daily Op. Serv. 5032
Court of Appeal of CaliforniaJune 12, 2006B182869California4,889 words

Opinion

Opinion

Johnson, J.

The trial court awarded plaintiff Dirk Summers a $3.75 million default judgment. Defendant Rue McClanahan appeals from the judgment and the trial court’s orders denying her motions to set aside her default and vacate the judgment. Because we conclude plaintiff’s attempted service of process did not substantially comply with the requirements of Code of Civil Procedure section 416.90, we reverse the first trial court order and remand the cause to the trial court with directions to set aside defendant’s default, vacate the default judgment and set a reasonable time for defendant to file and serve such motions or responsive pleadings as she deems appropriate.

FACTS AND PROCEEDINGS BELOW

The essential facts are undisputed.

Summers filed this action against McClanahan for slander, libel and intentional infliction of emotional distress growing out of a failed joint business venture. The complaint seeks damages on each cause of action “in an amount exceeding $10,000,000 according to proof at the time of trial” and “an award of punitive and exemplary damages against defendant McClanahan according to proof at the time of trial.”

Plaintiff’s counsel, Eugene Paolino, declared he…

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