Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER:299311
NAME: Elaine Kobylecki
FIRM NAME:Cokinos | Young
STREET ADDRESS:611 Gateway Blvd., Suite 233
CITY:South San Francisco STATE: CA ZIP CODE: 94080
TELEPHONE NO.:(628) 229-9180 FAX NO.:
EMAIL ADDRESS:ekobylecki@cokinoslaw.com
DEFENDANT THETA CHI FRATERNITY, INC.
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS:701 Ocean Street
701 Ocean Street
MAILING ADDRESS:
Santa Cruz, CA 95060
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: DAPHNE BELETSIS, et al.,
DEFENDANT/RESPONDENT: THETA CHI FRATERNITY, INC., et al.
OTHER CASE NAME:
CASE NUMBER:
NOTICE OF REMOTE APPEARANCE 19CV03287
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the court's website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete all that apply):
Plaintiff/Petitioner (name):
Attorney for Plaintiff/Petitioner (name):
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name): DEFENDANT THETA CHI FRATERNITY, INC.
Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding:
Set on (date): at (time): in (department):
Before (name of judicial officer, if known):
3. The person intends to appear by (check court's website for method that may be used):
Videoconference Audio only (including telephone)
4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the
proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-25 if more
space is needed):
Page 1 of 3
Form Adopted for Mandatory Use Code of Civil Procedure, § 367.75;
Judicial Council of California NOTICE OF REMOTE APPEARANCE Cal. Rules of Court, rule 3.672
RA-010 [New January 1, 2022] www.courts.ca.gov
RA-010
PLAINTIFF: DAPHNE BELETSIS, et al., CASE NUMBER:
DEFENDANT: THETA CHI FRATERNITY, INC., et al. 19CV03287
5. I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: December 9, 2022
Elaine Kobylecki
(TYPE OR PRINT NAME) (SIGNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below.
Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c.
Mail: By mailing them a copy of this form (write the mailing address in d.)
Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. Plaintiff/Petitioner 2. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
3. Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
5. Other (specify): 6. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
7. Other (specify): 7. Other (specify):
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3
[page 3 need not be filed]
RA-010
Instructions for Giving Notice of Remote Appearance
(This page does not need to be filed.)
1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for
providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at:
https://www.courts.ca.gov/find-my-court.htm .
2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other
than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the
parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings.
Check the court's website to determine how remote appearances work in that court before completing this form. If the court
does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the
court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a).
3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to
appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to
give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can
describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court.
4. When to file and give notice to others.
California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the
other parties and the court. (You can give notice earlier.) There are different deadlines :
For motions and proceedings in which people cannot testify
If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions):
• At least 2 court days before the proceeding.
If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications):
• With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings)
If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials:
• At least 10 court days before the trial or hearing date.
If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders):
• With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that
is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely.
5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear
remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote
appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served
on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of
Court, rule 3.672(h)(3).)
6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).)
7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).)
8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations
Request, to tell the court about their needs. See form MC-410-INFO for more information.
9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided
interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter
is available, it may be necessary to reschedule the hearing or trial.
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3
1 PROOF OF SERVICE
2 Russell v. Phi Kappa Psi Fraternity, et al.
Los Angeles County Superior Court Action No. 18STCV02585
3
I declare that I am over the age of eighteen years and not a party to this action or
4 proceeding. My business address is 611 Gateway Blvd., Ste. 233, South San Francisco, CA
94080. On the below date, I caused the following document(s) to be served:
5
NOTICE OF REMOTE APPEARANCE
6
by placing a true copy of the document(s) listed above, enclosed in a sealed envelope,
7  addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
8 with this business’ practice for collection and processing of correspondence for
9 mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
10 with the United States Postal Service with postage fully prepaid.
11 by electronically serving the above reference document(s) through Email to the
 person(s) set forth below. Executed by Amanda L. Sanchez
12 (asanchez@cokinoslaw.com) on December 9, 2022, at San Francisco, California.
13
by having personal delivery by of a true copy of the document(s)
 listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set
14
forth below.
15
by placing a true copy of the document(s) listed above, in a box or other facility
16  regularly maintained by FedEx (Overnight Delivery), an express service carrier , or
delivered to a courier or driver authorized by the express service carrier to receive
17 documents, in an envelope designated by the express service carrier, with delivery fees
18 paid or provided for, addressed as set forth below.
19
See Attached Service List
20
I declare under penalty of perjury that the foregoing is true and correct. Executed on
21 December 9, 2022 at South San Francisco, California.
22
23
Amanda L. Sanchez
24
25
26
27
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PROOF OF SERVICE
1 SERVICE LIST
2 Anthony L. Label Attorneys For Plaintiff
Annie Wu KATHLEEN A.S. RUSSELL
3
The Veen Firm, P.C.
20 Haight Street Tel: (415) 673-4800
4
San Francisco, CA 94102 Fax: (415) 771-5845
5
al.team@veenfirm.com
6 A.Wu@veenfirm.com
A.Label@VeenFirm.com
7 Mary Childs Attorney for Defendant
Yoka | Smith, LLP JOSEPH NELSON, NICHOLAS COHEN,
8 JACOB GIORDANO, and JACKSON
445 South Figueroa Street, 38th Floor LANSBURY
9 Los Angeles, CA 90071
Tel: (213) 427-2300
10 Fax: (213) 427-2330
11 mchilds@yokasmith.com
Anaylor@yokasmith.com
12 service@yokasmith.com
13 Christina Y. Morovati Attorney for Defendant
Armijo, Morovati & Shields AARON SAMUEL KENNEDY
14
555 S. Flower Street, Suite 600 Tel: (213) 612-5335
15 Los Angeles, CA 90071 Fax: (213) 612-5712
16 cmorovati@marmijolaw.com
dnewman@marmijolaw.com
17
Jennifer A. Estrada Attorney for Defendants
18 BLUESTAR PROPERTIES, INC. AND
George Knopfler
BENSON LAMSON
19 Jeffrey White
Hamrick & Evans, LLP Tel: (818) 763-5292
20
2600 W. Olive Avenue Fax: (818) 763-2308
21 Suite 1020
jestrada@hamricklaw.com
Burbank, CA 91505 gknopfler@hamricklaw.com
22
jwhite@hamricklaw.com
23 TKalfayan@hamricklaw.com
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SERVICE LIST