McClanahan

FACTS AND PROCEDURAL HISTORY3

Complaint and Service of Complaint

On December 18, 2006, McClanahan filed a complaint against Harry Mansdorf (Mansdorf)4 for damages for fraud and deceit, breach of fiduciary duty, and intentional

1 Former defendant and appellant Harry Mansdorf died on August 27, 2012, during the pendency of this appeal. Mansdorf was sued individually and as trustee of the Mansdorf Family Trust. On November 19, 2012, Jaime Gonzalez, as trustee of the Mansdorf Family Trust and co-executor of the estate of Harry Mansdorf, moved for substitution as real party in interest. We grant the motion.

2 All statutory references are to the Code of Civil Procedure, unless otherwise specified.

3 The facts are taken largely from our opinion in a previous appeal involving the same parties (McClanahan v. Mansdorf (Oct. 21, 2011, No. B224466) [nonpub. opn.]), in which we affirmed the court’s denial of Mansdorf’s first motion to set aside its orders permitting service by publication of a statement of damages, entry of default, and default judgment pursuant to section 473, subdivision (d).

2 infliction of emotional distress relating to McClanahan deeding her interest in real…