Chaudry

I. INTRODUCTION

After appellant Kailash Chandra Chaudhary killed his ex-wife in 1986 and pleaded no contest to second degree murder, he voluntarily relinquished his parental rights to their daughter, K., during juvenile dependency proceedings. K. was adopted by her court- appointed guardian, respondent Debbie Swanson Centi, in 1989. In 2005, Chaudhary was released on parole. (In re Chaudhary (2009) 172 Cal.App.4th 32, 34.) In 2012, he filed the present action alleging that Centi had broken the promises she made to him regarding the rearing and education of K. in exchange for his voluntary relinquishment of his parental rights. The complaint includes causes of action for fraud, constructive fraud, and intentional infliction of emotional distress. Centi filed a motion for judgment on the pleadings on the ground that the action against her was time-barred under the three-year limitations period provided by Code of Civil Procedure section 338, subdivision (d)1 for fraud claims and the section 335.1 two- year limitations period for claims of intentional infliction of emotional distress. The trial court granted the motion and entered judgment in Centi’s favor. On appeal, Chaudhary…