Keegan

I. BACKGROUND

Keegan was one of several investors in a fractionalized note secured by a deed of trust. After the borrower defaulted, the majority owners of the note wanted to sell certain parcels of the underlying property, but Keegan and several other minority investors objected. ACM then filed an action for partition against Keegan and the other objectors. Keegan responded by filing a cross-complaint against ACM and various others in Contra Costa County Superior Court for, among other things, breach of contract, breach of fiduciary duty, fraudulent inducement and concealment, and intentional infliction of emotional distress. Upon a motion by ACM, the trial court severed Keegan’s cross- complaint from the main action. Keegan later filed a related action against ACM in Alameda County. On January 2, 2014, Keegan filed a notice of unavailability with the trial court, but did not serve the notice on ACM. The notice indicated Keegan suffered a “severe and debilitating” stroke and would be unavailable between December 31, 2013 and January 22, 2014. The notice also indicated Keegan would be hospitalized during this period. It is unclear from the notice when Keegan suffered the stroke,…