IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION SEVEN


DIRK SUMMERS,
Plaintiff and Respondent,

v.

RUE MCCLANAHAN,
Defendant and Appellant.

B182869
(Los Angeles County Super. Ct. No. BC297039)

APPEAL from a judgment and orders of the Superior Court of Los Angeles County. Rolf M. Treu, Judge. First order reversed; appeal from the second order and judgment dismissed as moot.

Haight Brown & Bonesteel, William Baumgaertner, Rita Gunasekaran; The Law Offices of John C. Edwards and John C. Edwards for Defendant and Appellant.

Eugene Paolino for Plaintiff and Respondent.

The trial court awarded plaintiff Dirk Summers a $3.7 million dollar default judgment. Defendant Rue McClanahan appeals from the judgment and the trial court's orders denying her motions to set aside her default and vacate the judgment. Because we conclude plaintiff's attempted service of process did not substantially comply with the requirements of Code of Civil Procedure section 416.90, we reverse the first trial court order and remand the cause to the trial court with directions to set aside defendant's default, vacate the default judgment and set a reasonable time for defendant to file and serve such motions or responsive pleadings as she deems appropriate.

FACTS AND PROCEEDINGS BELOW

The essential facts are undisputed.

Summers filed this action against McClanahan for slander, libel and intentional infliction of emotional distress growing out of a failed joint business venture. The complaint seeks damages on each cause of action â€