Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER:
NAME: Daniel R. Friedenthal, Esq. (SBN 136847); Jay D. Brown, Esq. (SBN 143522)
FIRM NAME:Friedenthal, Heffernan & Brown, LLP
STREET ADDRESS:1520 W. Colorado Boulevard, Second Floor
CITY: Pasadena STATE:CA 91105
ZIP CODE:
TELEPHONE NO.:(626) 628-2800 FAX NO.: (626) 628-2828
EMAIL ADDRESS:dfriedenthal@fhblawyers.com; jbrown@fhblawyers.com
Defendant, Theta Iota Chapter of Theta Chi Fraternity, Inc.,
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz
701 Ocean Street
STREET ADDRESS:
MAILING ADDRESS: *****
CITY AND ZIP CODE: Santa Cruz, CA 95060
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):
x Attorney for Defendant/Respondent (name): Defendant, Theta Iota Chapter of Theta Chi Fraternity, Inc.
Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. x 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):
x 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. x I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: December 20, 2022
Daniel R. Friedenthal, Esq.
(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
Beletsis, et al. v. Theta Chi Fraternity, Inc., et al.
2 Case No.: 19CV03287
3 STATE OF CALIFORNIA )
) ss:
4
COUNTY OF LOS ANGELES )
5 I am employed in the County of Los Angeles, State of California. I am over the
6 age of 18 and not a party to this action. My business address is: 1520 W. Colorado
Boulevard, Second Floor, Pasadena, California 91105. My electronic (email) address
7 is nruiz@fhblawyers.com.
8 On December 20, 2022, I electronically served the foregoing document
named: NOTICE OF REMOTE APPEARANCE on the parties indicated in the
9 attached Service List.
10 MAIL SERVICE: As follows: I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. Under that practice it would
11 be deposited with U.S. postal service on that same day with postage thereon fully
prepaid at Pasadena, California, in the ordinary course of business. I am aware that
12 on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in
13 affidavit.
14 FEDERAL EXPRESS SERVICE: I caused such envelopes to be delivered by
15 Federal Express to the offices of the addressee listed on the attached Service List. I
further designed such envelopes to be delivered to all addressees on the attached
16 Service List utilizing Fed-Ex’s “Overnight Next-Day Delivery Service.”
17 ELECTRONIC MEANS (EMAIL): I caused such document(s) to be electronically
served through email for the above-entitled matter. This service complies with Code
18 of Civil Procedure §1010.6(e)(1) and/or California Rule of Court 2.251(C)(3) and/or
an agreement of the parties to accept service by electronic transmission. The file
19 transmission was reported as complete and a copy of the “Sent” page noting the date
20 and time of such transmission will be maintained with the file copy of the document(s)
in our office.
21
PERSONAL SERVICE: I caused such document to be hand-delivered to the
22 addressees indicated below, via First Legal.
23 FACSIMILE SERVICE: I caused such document to be faxed to the addressee.
24 I declare under penalty of perjury under the laws of the State of California that
the above is true and correct. Executed on December 20, 2022, at Pasadena,
25 California.
26
27 Natasha Ruiz
28
-1-
PROOF OF SERVICE
1 SERVICE LIST
Beletsis, et al. v. Theta Chi Fraternity, Inc., et al.
2 Case No.: 19CV03287
3
Attorneys for Plaintiffs, DAPHNE BELETSIS and YVONNE RAINEY
4 Douglas E. Fierberg, Esq. Ivo Labar, Esq.
Jonathon N. Fazzola, Esq. SAWYER & LABAR, LLP
5 THE FIERBERG NATIONAL LAW 1700 Montgomery St., Suite 108
GROUP, PLLC San Francisco, CA 94111
6 161 E. Front St., Suite 200 Tel. No.: (415) 262-3820
Traverse City, MI 49684 Fax No.: (
7
Tel. No.: (202) 351-0510 labar@sawyerlabar.com;
8 Fax No.: (231) 252-8100 guzman@sawyerlabar.com;
dfierberg@tfnlgroup.com;
9 jfazzola@tfnlgroup.com;
lcloutier@tfnlgroup.com;
10 tpicard@tfnlgroup.com;
11 kfarese@tfnlgroup.com
12 Attorneys for Defendant, THETA CHI FRATERNITY, INC.
Michael C. Osborne, Esq.
13 Jaskiran K. Samra, Esq.
COKINOS | YOUNG
14 611 Gateway Blvd., Suite 233
15 South San Francisco, CA 94080
Tel. No.: (628) 229-9280
16 Fax No.:
mosborne@cokinoslaw.com; jsamra@cokinoslaw.com; asanchez@cokinoslaw.com
17
18
19
20
21
22
23
24
25
26
27
28
-2-
PROOF OF SERVICE