On October 31, 2019 a
Order
was filed
involving a dispute between
Beletsis, Daphne,
Rainey, Yvonne,
Karki, Bobby,
Leitch, John Dylan,
Thomas, Emmanuel,
and
Davis, Zachary Nash,
Garcia, Moises Tenorio,
Garcia, Rafael,
Guevara, Christopher,
Kahlon, Najpreet Singh,
Karki, Bobby,
King, Derek,
Leitch, John Dylan,
Leon, Stefan Matias,
Mclaughlin, Quinn,
Takayama, Jordan Keiichi,
Theta Chi Fraternity, Inc.,
Theta Iota Chapter Of Theta Chi Fraternity,
Thomas, Emmanuel,
Visacki, Brad,
for (23) Unlimited Other PI / PD / WD
in the District Court of Santa Cruz County.
Preview
ELECTRONICALLY RECEIVED
7/23/2020 10:09 AM
Electronically Filed
Superior Court of California
1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice) County of Santa Cruz
2 dfierberg@tfnlgroup.com July 24, 2020
JONATHON N. FAZZOLA (admitted pro hac vice) Alex Calvo, Clerk
3 jfazzola@tfnlgroup.com
LISA N. CLOUTIER (admitted pro hac vice) By Deputy, Gonzalez, Sandra
4 lcloutier@tfnlgroup.com
161 East Front Street, Suite 200
5 Traverse City, MI 49684
Telephone: (231) 933-0180
6 Fax: (231) 252-8100
7 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
8 labar@sawyerlabar.com
201 Mission Street, Suite 2240
9 San Francisco, CA 94105
Telephone: (415) 262-3820
10
Attorneys for Plaintiffs
11 DAPHNE BELETSIS
YVONNE RAINEY
12
13 SUPERIOR COURT OF CALIFORNIA
14 COUNTY OF SANTA CRUZ
15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept. 10)
16 ALEXANDER BELETSIS, and
zxcxzxcxzxxz
[PROPOSED] ORDER OVERRULING
YVONNE RAINEY, surviving parent of
17 BRAD VISACKI’S DEMURRER TO
ALEXANDER BELETSIS, deceased FIRST AMENDED COMPLAINT
18
Plaintiffs, Hearing Date: July 22, 2020
19 vs. Time: 8:30 a.m.
Dept.: 10
20 THETA CHI FRATERNITY, INC., et al.,
Complaint Filed: October 31, 2019
21 FAC Filed: February 5, 2020
Defendants. Trial Date: Not Yet Set
22
23
24
25
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28
[PROPOSED] ORDER OVERRULING VISACKI’S DEMURRER
1 Defendant Visacki’s Demurrer to the First Amended Complaint came before the Court on
2 July 22, 2020 at 8:30 a.m. Having read and considered the written motion, opposition, and reply,
3 and good cause appearing, the Court ORDERS as follows:
4 The demurrer is overruled.
5 Defendant Visacki demurs to the 2d, 4th and 5th causes of action for Negligence on the
6 basis that Plaintiff has failed to state a duty owed to the decedent, Alex Beletsis. Defendant relies
7 on the rule that a defendant who has not created a peril is not liable in tort for failing to act
8 affirmatively to assist or protect another unless some relationship between them gives rise to a
9 duty to act. Regents v Univ.of Calif. V Sup. Ct. (2018) 4 Cal. 5th 607, 669.
10 The FAC alleges that Defendant participated in the plan for a Crossover Ceremony, which
11 included rituals involving the provision of drugs and alcohol to Alex, who was under 21 years of
12 age; that Alex was required to attend the ceremony; that Alex, who was already intoxicated and
13 unable to drive was taken by Defendant and others to the location of the Ceremony, where he was
14 provided with more alcohol, and then cocaine; that Alex became visibly incoherent, mentally and
15 physically unstable and panicky; and that Defendants failed to take reasonable care of or protect
16 Alex, and instead directed Alex to a bathroom, alone, to “settle down”. These facts support a claim
17 that Defendant played a role in creating the peril which led to Alex’s fall and death.
18 Defendant Visacki is ordered to file an Answer no later than August 3, 2020.
19 IT IS SO ORDERED.
20
21 DATED: ______________________, 2020
22
Signed: 7/23/2020 04:35 PM
23
Hon. John Gallagher
24 JUDGE OF THE SUPERIOR COURT
25
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27
28
2
[PROPOSED] ORDER OVERRULING VISACKI’S DEMURRER
Document Filed Date
July 24, 2020
Case Filing Date
October 31, 2019
Category
(23) Unlimited Other PI / PD / WD
Status
03/27/2023 Dispositioned
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Preview
ELECTRONICALLY RECEIVED 7/23/2020 10:09 AM Electronically Filed Superior Court of California 1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) County of Santa Cruz 2 dfierberg@tfnlgroup.com July 24, 2020 JONATHON N. FAZZOLA (admitted pro hac vice) Alex Calvo, Clerk 3 jfazzola@tfnlgroup.com LISA N. CLOUTIER (admitted pro hac vice) By Deputy, Gonzalez, Sandra 4 lcloutier@tfnlgroup.com 161 East Front Street, Suite 200 5 Traverse City, MI 49684 Telephone: (231) 933-0180 6 Fax: (231) 252-8100 7 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 8 labar@sawyerlabar.com 201 Mission Street, Suite 2240 9 San Francisco, CA 94105 Telephone: (415) 262-3820 10 Attorneys for Plaintiffs 11 DAPHNE BELETSIS YVONNE RAINEY 12 13 SUPERIOR COURT OF CALIFORNIA 14 COUNTY OF SANTA CRUZ 15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept. 10) 16 ALEXANDER BELETSIS, and zxcxzxcxzxxz [PROPOSED] ORDER OVERRULING YVONNE RAINEY, surviving parent of 17 BRAD VISACKI’S DEMURRER TO ALEXANDER BELETSIS, deceased FIRST AMENDED COMPLAINT 18 Plaintiffs, Hearing Date: July 22, 2020 19 vs. Time: 8:30 a.m. Dept.: 10 20 THETA CHI FRATERNITY, INC., et al., Complaint Filed: October 31, 2019 21 FAC Filed: February 5, 2020 Defendants. Trial Date: Not Yet Set 22 23 24 25 26 27 28 [PROPOSED] ORDER OVERRULING VISACKI’S DEMURRER 1 Defendant Visacki’s Demurrer to the First Amended Complaint came before the Court on 2 July 22, 2020 at 8:30 a.m. Having read and considered the written motion, opposition, and reply, 3 and good cause appearing, the Court ORDERS as follows: 4 The demurrer is overruled. 5 Defendant Visacki demurs to the 2d, 4th and 5th causes of action for Negligence on the 6 basis that Plaintiff has failed to state a duty owed to the decedent, Alex Beletsis. Defendant relies 7 on the rule that a defendant who has not created a peril is not liable in tort for failing to act 8 affirmatively to assist or protect another unless some relationship between them gives rise to a 9 duty to act. Regents v Univ.of Calif. V Sup. Ct. (2018) 4 Cal. 5th 607, 669. 10 The FAC alleges that Defendant participated in the plan for a Crossover Ceremony, which 11 included rituals involving the provision of drugs and alcohol to Alex, who was under 21 years of 12 age; that Alex was required to attend the ceremony; that Alex, who was already intoxicated and 13 unable to drive was taken by Defendant and others to the location of the Ceremony, where he was 14 provided with more alcohol, and then cocaine; that Alex became visibly incoherent, mentally and 15 physically unstable and panicky; and that Defendants failed to take reasonable care of or protect 16 Alex, and instead directed Alex to a bathroom, alone, to “settle down”. These facts support a claim 17 that Defendant played a role in creating the peril which led to Alex’s fall and death. 18 Defendant Visacki is ordered to file an Answer no later than August 3, 2020. 19 IT IS SO ORDERED. 20 21 DATED: ______________________, 2020 22 Signed: 7/23/2020 04:35 PM 23 Hon. John Gallagher 24 JUDGE OF THE SUPERIOR COURT 25 26 27 28 2 [PROPOSED] ORDER OVERRULING VISACKI’S DEMURRER