Martinez

BACKGROUND

In February 2009, respondent purchased the property.3 On June 1, 2009, respondent executed a quitclaim deed, transferring the property to himself and appellant for no consideration. On January 21, 2020, respondent filed a verified complaint against appellant and Guzman alleging six causes of action: (1) financial abuse of dependent adult, (2) fraud, (3) quiet title, (4) breach of fiduciary duty, (5) conversion, and (6) accounting. On April 2, 2020, respondent filed his proof of service of summons. The proof of service contained a declaration from a registered California process server. The declaration listed three unsuccessful attempts at personal service when there was “[n]o answer at the door.” However, on March 14, 2020, at 8:35 a.m., the process server successfully completed service on appellant “by leaving copies of the summons and complaint, et al. with: Amy Guzman-co-occupant.” The process server declared under penalty of perjury that the declaration was true and correct. Appellant’s default was requested and entered on April 27, 2020. Appellant acknowledges having received a copy of the notice of default by mail on or about April 30, 2020. On August 14, 2020,…