Motion,Ex Parte: Daphne Beletsis, et al vs Christopher Guevara, et al

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                                John R. Brydon (Bar No. 83365)                               ELECTRONICALLY FILED
                                                                  Superior Court of California
     Derek H. Lim (Bar No. 209496)
     Shannon E. Mallory (Bar No. 285569                           County of Sant     UZ

     DEMLER, ARMSTRONG & ROWLAND,                  LLP            5/7/2020 1:04
     1350 Treat Boulevard, Suite 400                              Alex Calvo,
     Walnut Creek, CA 94597                                       OE       Bias    itten, Deputy
     Telephone:     (415) 949-1900
     Facsimile:     (415) 354-8380
     Email:        bry@darlaw.com
                    lim@darlaw.com
                    mal@darlaw.com

     Attorneys for Defendant
     BRAD VISACKI




10                       SUPERIOR COURT OF THE STATE OF CALIFORNIA

11                                 FOR THE COUNTY OF SANTA CRUZ

12

13   DAPHNE BELETSIS, individually, and as          Case No.      19CV03287
     Administrator of the ESTATE OF
14   ALEXANDER BELETSIS, and YVONNE
     RAINEY, surviving parent of                    DEFENDANT BRAD VISACKI’S
15   ALEXANDER BELETSIS, deceased,                  NOTICE OF DEMURRER AND
                                                    DEMURRER TO FIRST AMENDED
16                          Plaintiffs,             COMPLAINT

17          Vv.
                                                    Accompanying Documents:
18   THETA CHI FRATERNITY, INC., a                  Memorandum of Points and Authorities;
     New York corporation, individually, as a       Declaration of Derek H. Lim; Proposed
19   member of t/a the Theta Iota Chapter,          Order
     University of California, Santa Cruz, as a
20   member of the fraternal order known as
     Theta Chi Fraternity, and as an alter-ego      Hearing Date:             July 22, 2020
21   and successor entity of the Theta Iota         Time:                     8:30 a.m.
     Chapter of Theta Chi Fraternity,               Dept.:                    10
22   individually, and as an agent and alter-ego
     of the Theta Chi Fraternity, Inc.;
23   CHRISTOPHER GUEVARA,                           Complaint Filed:          October 31, 2019
     individually, and as an agent/member of        FAC Filed:                February 5, 2020
24   Theta Chi fraternity, Inc. and Theta Iota      Trial Date:               Not Yet Set
     Chapter of Theta Chi Fraternity; BRAD
25   VISACKI, individually, and/or as an
     agent/member of Theta Chi fraternity, Inc.
26   and Theta Iota Chapter of Theta Chi
     Fraternity; JORDAN KEIICHI
27   TAKAYAMA        individually, and/or as an
     agent/member of Theta Chi fraternity, Inc.
28   and Theta Iota Chapter of Theta Chi
     Fraternity; ZACHARY NASH DAVIS,

                         DEFENDANT BRAD VISACKI’S NOTICE OF DEMURRER AND
                              DEMURRER TO FIRST AMENDED COMPLAINT
individually, and/or as an agent/member of
     Theta Chi fraternity, Inc. and Theta Iota
     Chapter of Theta Chi Fraternity;
     NAJPREET SINGH KAHLON,
     individually, and/or as an agent/member of
     Theta Chi fraternity, Inc. and Theta Iota
     Chapter of Theta Chi Fraternity; STEFAN
     MATIAS LEON individually, and/or as an
     agent/member of Theta Chi fraternity, Inc.
     and Theta Iota Chapter of Theta Chi
     Fraternity; MOISES FRANCISCO
     TENORIO      GARCIA, individually, and/or
     as an agent/member of Theta Chi
     fratemity, Inc. and Theta Iota Chapter of
     Theta Chi Fraternity; RAFAEL GARICA,
     individually, and/or as an agent/member of
     Theta Chi fraternity, Inc. and Theta Iota
     Chapter of Theta Chi Fraternity;
10   EMMANUEL THOMAS, individually,
     and/or as an agent/member of Theta Chi
11   fratemity, Inc. and Theta Iota Chapter of
     Theta Chi Fraternity; BOBBY KARKI,
12   individuall y and/or as an agent/member of
     Theta Chi     iternity, Inc. and Theta Iota
13   Chapter of Theta Chi Fraternity; DEREK
     KING, individually, and/or as an
14   agent/member of Theta Chi fraternity, Inc.
     and Theta Iota Chapter of Theta Chi
15   Fraternity; JOHN DY LAN LEITCH,
     individually, and/or as an agent/member of
16   Theta Chi frate: TM iy. Inc. and Theta Iota
     Chapter of Theta        i Fraternity; QUINN
17   MCLAUGHLIN,        individually   and as
     Trustee of the QUINN M MCLAUGHLIN
18   LIVING TRUST, 117 Pasture Rd., Santa
     Cruz, CA 95060; and JOHN DOES 1
19   through 10, inclusive, individually, and as
     agents/members of Theta Chi Fraternity,
20   Inc. and Theta Lota Chapter of Theta Chi
     Fratemity,
21
                            Defendants.
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23   TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

24          PLEASE TAKE       NOTICE    that on July 22, 2020, at 8:30 a.m., or as soon thereafter as the

25   matter may be heard in Department 10 of the above-entitled court, located at 701 Ocean Street, Santa

26   Cruz, CA 95060, Defendant BRAD       VISACKI (“Visacki”) will and hereby does demur to the entire

27   First Amended Complaint filed on February 5, 2020 by Plaintiffs DAPHNE BELETSIS, individually

28   and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and YVONNE                     RAINEY,

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                          DEFENDANT BRAD VISACKI’S NOTICE OF DEMURRER AND
                               DEMURRER TO FIRST AMENDED COMPLAINT
surviving parent of ALEXANDER BELETSIS on the grounds that it does not state facts sufficient to

     constitute a cause of action against Visacki.

                This demurrer is made pursuant to California Code of Civil Procedure section 430.10(e) on

     the following grounds:

                1      The Second Cause of Action for Negligence fails to state a cause of action against

     Visacki.

                2      The Fourth Cause of Action for Negligence (Breach of Assumed Duties) fails to state

     a cause of action against Visacki.

                3.     The Fifth Cause of Action for Negligence (Breach of Duty to Prevent Harm) fails to

10   state a cause of action against Visacki.

11              This demurrer is based upon this Notice, the Memorandum of Points and Authorities, the

12   Declaration of Derek H. Lim, the Request for Judicial Notice, the records and files in this action,

13   and upon such other oral evidence as may validly be presented at the time of the hearing.

14   Dated: May 7, 2020                                DEMLER, ARMSTRONG             & ROWLAND, LLP
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                                                       Derek H. Lim
17                                                     Shannon E. Mallory
                                                       Attomeys for Defendant
18                                                     BRAD VISACKI
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                            DEFENDANT BRAD VISACKI’S NOTICE OF DEMURRER AND
                                 DEMURRER TO FIRST AMENDED COMPLAINT