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ELECTRONICALLY FILED
Superior Court of California
ANDREW M. LAUDERDALE, ESQ. — State Bar No. 166063 County of Santa Cruz
HARTSUYKKR, STRATMAN 4 WILLIAMS-ABRKGO 1/21/2020 11:39 AM
Mailing Address Alex Calvo, Clerk
P.O. Box 258829 By: Helena Hanson, Deputy
Oklahoma City, Oil 73125-8829
Physical Address
1 Almaden Boulevard, Suite 400
San Jose, CA 95113
Phone: (408) 271-5300
Attorney for Quinn McLaughlin
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CRUX
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DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
paretn of ALEXANDER BELETSIS, deceased;,
13 ANSWER TO COMPLAINT
Plaintiffs,
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THETA CHI FRATERNITY, INC., a New York
16 coloration, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternit, Inc. and Theta Iota Chapter of the
Theta Chi FrateITIity; BRAD VISACIZI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa CIwz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi FrateITIity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity,
27 Defendants.
ANSWER TO COMPLAINT -I
Defendant QUINN MCLAUGHLIN, both individually and as trustee of the Quinn McLaughlin
Living est, admits, denies and alleges as follows:
Under the provisions of Section 431.30 of the California Code of Civil Procedure, these
answering Defendants deny each, every and all of the allegations of said Complaint, and the whole
thereof, and denies plaintiffs have sustained damages in any sum or sums alleged, or in any other sum or
at all.
10 Further answering Plaintiffs'omplaint on file herein, and the whole thereof, these answering
Defendants deny that the Plaintiffs and Plaintiffs'ecedent have sustained any injury, damages or loss,
12 if any, by reason of any act or omission of this these answering Defendants or their agents or employees.
13 FIRST AFFIRMATIVE DEFENSE
14 That all times mentioned in the Complaint, the Plaintiffs and Plaintiffs'ecedent so carelessly,
15 recklessly and negligently conducted and maintained themselves so as to cause and contribute in some
16 degree to the alleged incident and to the damages and injuries, if any, alleged to have been sustained by
17 said Plaintiffs and Plaintiffs'ecedent and therefore said negligence completely bars any recovery or in
18 the alternative, it reduces the right of recovery by that amount said negligence contributed to this
19 incident as set forth under the doctrine of comparative negligence.
20 SECOND AFFIRMATIVE DEFENSE
21 That at all times mentioned in the Complaint, the Plaintiffs and Plaintiffs'ecedent knowing the
22 probable consequences thereof, placed themselves in a position of danger and freely and voluntarily
23 participated in all the activities alleged herein, and thereby assumed all the risks attendant thereto.
24 THIRD AFFIRMATIVE DEFENSE
That the Complaint and each of the alleged causes of action fails to state facts sufficient to
constitute a cause of action against these answering Defendants,
FOURTH AFFIRMATIVE DEFENSE
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ANSWER TO COMPLAINT -2
That Plaintiffs failed to exercise reasonable care and dihgence to mitigate any damages sustained
by reason of Defendants'lleged acts, Therefore, any damages awarded to Plaintiffs shall be limited to
the damages Plaintiffs would have sustained had Plaintiffs mitigated their damages.
FIFTH AFFIRMATIVE DEFENSE
That Plaintiffs are barred from any recovery as to these answering Defendants, in that any
damage proven to have been sustained by Plaintiffs was the direct and proximate result of the
independent and superseding action of Plaintiffs and other persons or patties, and not due to any act or
omission on the part of these Defendants.
SIXTH AFFIRMATIVE DEFENSE
10 That each of the alleged causes of action stated in the complaint is barred by the applicable
statute of limitations including, but not limited to, provisions of Subdivision 3, Section 340, and/or
12 Section 335.1 of the California Code of Civil Procedure.
13 SEVENTH AFFIRMATIVE DEFENSE
Plaintiffs'laim for damages is or may be barred by the Provision of Civil Code Sections 3333.3
15 and/or 3333.4.
16 EIGHTH AFFIRMATIVE DEFENSE
17 If Plaintiffs or Plaintiffs'ecedent suffered any losses, damages, injuries, and/or hatm, such
18 losses, harm, damages and/or injuries were proximately caused, contributed to and/or initiated by
19 persons and/or entities other than these answering Defendants, and the liability of all Defendants named
20 or unnamed, should be appottioned according to their relative degrees of fault, and the liability, if any,
21 of these answering Defendants should be reduced accordingly.
22 NINTH AFFIRMATIVE DEFENSE
23 Under and pursuant to the terms of Civil Code Sections 1431.1 through 1431.5, Plaintiffs are
24 barred and precluded from recovery against these answering Defendantsfor any noneconomic damages
except those allocated in direct proportion to the percentage of fault allocated to these answering
Defendants, if any,
TENTH AFFIRMATIVE DEFENSE
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ANSWER TO COMPLAINT -3
In the event that a judgment is rendered against these answering Defendantsin favor of the
Plaintiffs, the extent of these answering Defendants'iability is limited by the terms of California
Vehicle Code section 17151.
ELEVENTH AFFIRMATIVE DEFENSE
As and for a fuIther, separate and distinct affirmative defense to the complaint on file herein, it is
hereby alleged upon infoImation and belief that at the time of the accident described in the complaint,
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plaintiffs were in the course and scope of hisIher employment with these answering defendants.
Therefore, the Worker's Compensation statutes and/or laws and the Worker's Compensation Appeals
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Board have exclusive jurisdiction over and concerning plaintiffs'laims and as a result the complaint is
14 barred with this court having no jurisdiction.
15 WHEREFORE, defendants pray that Plaintiffs take s nothing by reason of their Complaint and
16 that these Defendants be dismissed hence with their costs.
17 NOTICE
18 By placing the following statement in the answer, neither these Defendants) nor their counsel
19 waive any privilege or objection regarding the admissibility of the following statement (or the existence
20 of insurance coverage for these Defendants), and request that this statement be redacted as may be
21 necessary and appropriate to protect these answering Defendants.
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ANSWER TO COMPLAINT -4
All attorneys and staff of the office of Hartsuyker, Stratman k Williams-Abrego are employees
of Farmers Insurance Exchange, a Member of the Farmers Insurance Group of Companies, and not a
partnership.
5 HARTSUYKER, STRATMAN & WILLIAMS-
DATED: 3anuary 21, 2020 ABREGO
ANDREW M, LAUDERDALE, ESQ.
10 Attorney for Quinn McLaughlin
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ANSWER TO COMPLAINT -5
Re: Beletsis v. Theta Chi Fraternit et al.
Case Number; 19CV03287
PROOF OF SERVICE
Code of Civil Procedure gg 1013a, 2015.5
I am a resident of the State of California and over the age of eighteen years, and not a party to th
within action. My business address is 1 Almaden Boulevard, Suite 400, San Jose, CA 95113, On
January g), 2020, I served the following document(s):
ANSWER TO COMPLAINT
By placing the document(s) listed above in a sealed envelope, addressed as set forth
below, and placing the envelope for collection and mailing in the place designated for
such in our offices, following ordinary business practices,
10 By transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m,
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By causing a true copy thereof to be personally delivered to the person(s) at the
address(es) set foith below.
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14 By electronically serving the document(s) described above via a Court approved File
. 0 Serve vendor on those recipients designated on the Transaction Receipt located on
15 the vendor's Website.
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By electronically serving the document(s) to the electronic mail address set foith
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below on this date before 5:00 p.m. pursuant to the signed stipulation of the paries
and consistent with Code of Civil Procedure section 1010.6(a)(2).
18 SKK ATTACHED SERVICE LIST
19 I am readily familiar with the fiim's practice of collection and processing correspondence for
mailing with the United States Postal Service, Under that practice, it would be deposited with U.S,
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Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I
21 am aware that on motion of the pasty 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 affidavit.
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I declare under penalty of perjury under the laws of the State of California that the above is true
23 and correct.
Executed on January J(, 2020, at San Jose, California.
TIMOTHY C. FE
ANSWER TO COMPLAINT -6
Re: Beletsis v. Theta Chi Fraternit et al.
Case Number: 19CV03287
SERVICE LIST
Douglas E, Fierberg, Esq,
Fierberg National Law Group
161 East Front Street, Ste. 200
Traverse City, MI 49684
Attorney for Plaintiff, Daphne Beletsis and Yvonne Rainey
Phone: (202) 351-0510
Fax: (231) 252-8100
Ivo Labar, Esq.
Sawyer k Labar LLP
201 Mission Street, Ste. 2240
San Francisco, CA 94105
Attorney for Plaintiff, Daphne Beletsis and Yvonne Rainey
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Phone; (415) 262-3820
Fax:
Michael C, Osborne, Esq.
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Cokinos / Young
One Embarcadero Center, Suite390
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San Francisco, CA 94111
Attorney for, Theta Chi Fraternity, Inc.
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Phone: (415) 228-0208
Fax:
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mosborne@cokinoslaw.corn
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ANSWER TO COMPLAINT - 7
Preview
ELECTRONICALLY FILED Superior Court of California ANDREW M. LAUDERDALE, ESQ. — State Bar No. 166063 County of Santa Cruz HARTSUYKKR, STRATMAN 4 WILLIAMS-ABRKGO 1/21/2020 11:39 AM Mailing Address Alex Calvo, Clerk P.O. Box 258829 By: Helena Hanson, Deputy Oklahoma City, Oil 73125-8829 Physical Address 1 Almaden Boulevard, Suite 400 San Jose, CA 95113 Phone: (408) 271-5300 Attorney for Quinn McLaughlin SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUX 10 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving paretn of ALEXANDER BELETSIS, deceased;, 13 ANSWER TO COMPLAINT Plaintiffs, 14 15 THETA CHI FRATERNITY, INC., a New York 16 coloration, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternit, Inc. and Theta Iota Chapter of the Theta Chi FrateITIity; BRAD VISACIZI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa CIwz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi FrateITIity, Inc. and Theta Iota Chapter of Theta Chi Fraternity, 27 Defendants. ANSWER TO COMPLAINT -I Defendant QUINN MCLAUGHLIN, both individually and as trustee of the Quinn McLaughlin Living est, admits, denies and alleges as follows: Under the provisions of Section 431.30 of the California Code of Civil Procedure, these answering Defendants deny each, every and all of the allegations of said Complaint, and the whole thereof, and denies plaintiffs have sustained damages in any sum or sums alleged, or in any other sum or at all. 10 Further answering Plaintiffs'omplaint on file herein, and the whole thereof, these answering Defendants deny that the Plaintiffs and Plaintiffs'ecedent have sustained any injury, damages or loss, 12 if any, by reason of any act or omission of this these answering Defendants or their agents or employees. 13 FIRST AFFIRMATIVE DEFENSE 14 That all times mentioned in the Complaint, the Plaintiffs and Plaintiffs'ecedent so carelessly, 15 recklessly and negligently conducted and maintained themselves so as to cause and contribute in some 16 degree to the alleged incident and to the damages and injuries, if any, alleged to have been sustained by 17 said Plaintiffs and Plaintiffs'ecedent and therefore said negligence completely bars any recovery or in 18 the alternative, it reduces the right of recovery by that amount said negligence contributed to this 19 incident as set forth under the doctrine of comparative negligence. 20 SECOND AFFIRMATIVE DEFENSE 21 That at all times mentioned in the Complaint, the Plaintiffs and Plaintiffs'ecedent knowing the 22 probable consequences thereof, placed themselves in a position of danger and freely and voluntarily 23 participated in all the activities alleged herein, and thereby assumed all the risks attendant thereto. 24 THIRD AFFIRMATIVE DEFENSE That the Complaint and each of the alleged causes of action fails to state facts sufficient to constitute a cause of action against these answering Defendants, FOURTH AFFIRMATIVE DEFENSE 28 ANSWER TO COMPLAINT -2 That Plaintiffs failed to exercise reasonable care and dihgence to mitigate any damages sustained by reason of Defendants'lleged acts, Therefore, any damages awarded to Plaintiffs shall be limited to the damages Plaintiffs would have sustained had Plaintiffs mitigated their damages. FIFTH AFFIRMATIVE DEFENSE That Plaintiffs are barred from any recovery as to these answering Defendants, in that any damage proven to have been sustained by Plaintiffs was the direct and proximate result of the independent and superseding action of Plaintiffs and other persons or patties, and not due to any act or omission on the part of these Defendants. SIXTH AFFIRMATIVE DEFENSE 10 That each of the alleged causes of action stated in the complaint is barred by the applicable statute of limitations including, but not limited to, provisions of Subdivision 3, Section 340, and/or 12 Section 335.1 of the California Code of Civil Procedure. 13 SEVENTH AFFIRMATIVE DEFENSE Plaintiffs'laim for damages is or may be barred by the Provision of Civil Code Sections 3333.3 15 and/or 3333.4. 16 EIGHTH AFFIRMATIVE DEFENSE 17 If Plaintiffs or Plaintiffs'ecedent suffered any losses, damages, injuries, and/or hatm, such 18 losses, harm, damages and/or injuries were proximately caused, contributed to and/or initiated by 19 persons and/or entities other than these answering Defendants, and the liability of all Defendants named 20 or unnamed, should be appottioned according to their relative degrees of fault, and the liability, if any, 21 of these answering Defendants should be reduced accordingly. 22 NINTH AFFIRMATIVE DEFENSE 23 Under and pursuant to the terms of Civil Code Sections 1431.1 through 1431.5, Plaintiffs are 24 barred and precluded from recovery against these answering Defendantsfor any noneconomic damages except those allocated in direct proportion to the percentage of fault allocated to these answering Defendants, if any, TENTH AFFIRMATIVE DEFENSE 28 ANSWER TO COMPLAINT -3 In the event that a judgment is rendered against these answering Defendantsin favor of the Plaintiffs, the extent of these answering Defendants'iability is limited by the terms of California Vehicle Code section 17151. ELEVENTH AFFIRMATIVE DEFENSE As and for a fuIther, separate and distinct affirmative defense to the complaint on file herein, it is hereby alleged upon infoImation and belief that at the time of the accident described in the complaint, 10 plaintiffs were in the course and scope of hisIher employment with these answering defendants. Therefore, the Worker's Compensation statutes and/or laws and the Worker's Compensation Appeals 12 13 Board have exclusive jurisdiction over and concerning plaintiffs'laims and as a result the complaint is 14 barred with this court having no jurisdiction. 15 WHEREFORE, defendants pray that Plaintiffs take s nothing by reason of their Complaint and 16 that these Defendants be dismissed hence with their costs. 17 NOTICE 18 By placing the following statement in the answer, neither these Defendants) nor their counsel 19 waive any privilege or objection regarding the admissibility of the following statement (or the existence 20 of insurance coverage for these Defendants), and request that this statement be redacted as may be 21 necessary and appropriate to protect these answering Defendants. 22 23 24 27 28 ANSWER TO COMPLAINT -4 All attorneys and staff of the office of Hartsuyker, Stratman k Williams-Abrego are employees of Farmers Insurance Exchange, a Member of the Farmers Insurance Group of Companies, and not a partnership. 5 HARTSUYKER, STRATMAN & WILLIAMS- DATED: 3anuary 21, 2020 ABREGO ANDREW M, LAUDERDALE, ESQ. 10 Attorney for Quinn McLaughlin 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ANSWER TO COMPLAINT -5 Re: Beletsis v. Theta Chi Fraternit et al. Case Number; 19CV03287 PROOF OF SERVICE Code of Civil Procedure gg 1013a, 2015.5 I am a resident of the State of California and over the age of eighteen years, and not a party to th within action. My business address is 1 Almaden Boulevard, Suite 400, San Jose, CA 95113, On January g), 2020, I served the following document(s): ANSWER TO COMPLAINT By placing the document(s) listed above in a sealed envelope, addressed as set forth below, and placing the envelope for collection and mailing in the place designated for such in our offices, following ordinary business practices, 10 By transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m, 12 By causing a true copy thereof to be personally delivered to the person(s) at the address(es) set foith below. 13 14 By electronically serving the document(s) described above via a Court approved File . 0 Serve vendor on those recipients designated on the Transaction Receipt located on 15 the vendor's Website. 16 By electronically serving the document(s) to the electronic mail address set foith 17 below on this date before 5:00 p.m. pursuant to the signed stipulation of the paries and consistent with Code of Civil Procedure section 1010.6(a)(2). 18 SKK ATTACHED SERVICE LIST 19 I am readily familiar with the fiim's practice of collection and processing correspondence for mailing with the United States Postal Service, Under that practice, it would be deposited with U.S, 20 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I 21 am aware that on motion of the pasty 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 affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above is true 23 and correct. Executed on January J(, 2020, at San Jose, California. TIMOTHY C. FE ANSWER TO COMPLAINT -6 Re: Beletsis v. Theta Chi Fraternit et al. Case Number: 19CV03287 SERVICE LIST Douglas E, Fierberg, Esq, Fierberg National Law Group 161 East Front Street, Ste. 200 Traverse City, MI 49684 Attorney for Plaintiff, Daphne Beletsis and Yvonne Rainey Phone: (202) 351-0510 Fax: (231) 252-8100 Ivo Labar, Esq. Sawyer k Labar LLP 201 Mission Street, Ste. 2240 San Francisco, CA 94105 Attorney for Plaintiff, Daphne Beletsis and Yvonne Rainey 10 Phone; (415) 262-3820 Fax: Michael C, Osborne, Esq. 12 Cokinos / Young One Embarcadero Center, Suite390 13 San Francisco, CA 94111 Attorney for, Theta Chi Fraternity, Inc. 14 Phone: (415) 228-0208 Fax: 15 mosborne@cokinoslaw.corn 16 17 18 19 20 21 22 23 24 27 ANSWER TO COMPLAINT - 7