Giorgio

In this intentional tort action, the trial court denied defendant John Giorgio’s motion, made pursuant to Code of Civil Procedure 473, subdivision (d), to set aside the entry of default and any subsequent default judgment, in favor of plaintiff Synergy Management Group, LLC (Synergy). Giorgio contends on appeal that the court erred in denying the motion because he was never properly served with either the original or the first amended complaint. We affirm.

STATEMENT OF FACTS AND PROCEDURE

On May 6, 2011, Synergy, on behalf of its predecessor in interest ASI Management, LLC, filed its original complaint in this action. The original complaint alleged Giorgio “converted the assets of [Synergy]’s assignor by submitting false expense reports resulting in the misappropriation of assets belonging to [Synergy]’s assignor” and “committed fraud by submitting false expense reports to [Synergy]’s assignor with the intent to deceive [Synergy]. [Synergy] reasonably relied on the accuracy of expense reports submitted by [Giorgio]. As a direct result of [Synergy]’s reliance on the representations made by [Giorgio], [Synergy]’s assignor paid moneys to [Giorgio] to which he was not…