Bhatia

I. BACKGROUND

On February 18, 2010, Sabeer Bhatia filed this action against East West Bank (bank), a lender to an entity formed by Bhatia and Singha to invest in real estate. The complaint alleged the bank had improperly permitted Singha to borrow funds on behalf of the entity and Singha had embezzled most of those funds. On July 2, 2010, the bank filed a cross-complaint against Bhatia and Singha to collect on certain guaranties. The docket for the action contains a proof of service of the cross-complaint on Singha in July 2010, but Singha later claimed not to have been aware of the action until February 2011. In any event, he appears never to have responded to the bank’s initial cross-complaint. In December 2011, the bank was granted leave to file a first amended cross- complaint (hereafter cross-complaint or First Amended Cross-complaint). In February 2012, the bank filed a proof of service of the “[PROPOSED] FIRST

AMENDED CROSS-COMPLAINT OF DEFENDANT/CROSS-COMPLAINANT

EAST WEST BANK AGAINST CROSS-DEFENDANTS SABEER BHATIA,

NAVEEN SINGHA AND ROES 1-30 FOR BREACH OF GUARANTIES,” reflecting personal service on Singha at 7:50 p.m. on January 13, 2012, at 311 Marina Boulevard in…