Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
John R. Brydon/Derek H. Lim/Shannon E. Mallory SBN: 83365/209496/285569 ELECTRONICALLY FILED
Demler, Armstrong & Rowland, LLP Superior Court of California
1350 Treat Boulevard, Suite 400 County of Santa Cruz
Walnut Creek, CA 94597 1/22/2021 8:00 AM
TELEPHONE No. (415) 949-1900 FAXNO. (Optional:(415) 354-8380 Alex Calvo, Clerk
E-MAIL ADDRESS (Optiona): lim@darlaw.com By: Richard Kersten Seago, Deputy|
ATTORNEY FOR (Name): Defendant BRAD VISACKI 4 w t <
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CRUZ t
bru
‘Tt
STREET ADDRESS:701 Ocean Street
MAILING ADDREss:701 Ocean Street
city AND
zIP cove: Santa Cruz, CA 95060
BRANCH NAME: Santa Cruz Main Courthouse
PLAINTIFF/PETITIONER: Daphne Beletsis, et al.
DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al.
CASE MANAGEMENT STATEMENT (CASE NUMBER:
(Check one): UNLIMITED CASE [-) uitep case 19CV03287
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:February 9, 2021 Time:8:30 a.m. Dept.:4 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):Derek H. Lim
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. This statement is submitted by party (name):Defendant BRAD VISACKI
b. [__] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. [-] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. C5 al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [_] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
c. [1 The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of casein [X] complaint C) cross-complaint (Describe, including causes of action): This is a
wrongful death/ survival action. Plaintiffs allege 7 causes of action for negligence, social host liability, and premises
liability.
Page1 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
‘Judicial Counell of California rules 3,720-3.730
CM-110 fRev. July 1, 2011] www.courts.ca.gov
Wiestiaw
Doc & Form Builder
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Daphne Beletsis, et al.
19CV03287
DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al.
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This case arises from an accident that occurred on or about 6/2/18. It is alleged that the decedent was intoxicated at a party and
fell out ofa second story window, later passing from his injuries. Plaintiffs are the decedent's mothers. Defendant denies all
allegations.
CI (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial Coa nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [] The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See Attachment 6(C).
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): 15
» CI hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [2] by the attorney or party listed in the caption [) by the following:
a Attorney:
b. Firm:
©, Address:
d. Telephone number: f Fax number:
E-mail address:
oO
g. Party represented:
Additional representation is described in Attachment 8.
Preference
[1] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [1] has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [5 has [1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
) CO
d
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) FO This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(CM-110 (Rev. July1, 2071] CASE MANAGEMENT STATEMENT Page 20f5
CM-110
PLAINTIFF/PETITIONER: Daphne Beletsis, et al. [CASE NUMBER:
DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al.
19CV03287
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check ail that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check al! that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 Rev. July1, 2011] Page 30f5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONERDaphne Beletsis, et al.
CASE NUMBER.
| 19CV03287
DEFENDANT/RESPONDENTTheta Chi Fraternity, Inc., et al.
11. Insurance
[J Insurance carrier, if , for party filing this statement (name): Landmark
b. Reservation of rights: Yes No
c. Ho Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[1] Bankruptey [] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1] Additional cases are described in Attachment 13a.
b. [_] Amotion to [) consolidate [) coordinate will be filed by (name party):
14. Bifurcation
[J The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant filed a demurrer (hearing on 7/22/20) and a joinder to the motion to strike by Co-Defendant Najpreet Singh
Kahlon (hearing on 8/31/20). Defendant also anticipates bringing a MSJ/MSA and Motions in Limine.
16. Discovery
a. [__] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe al! anticipated discovery):
Party Descriptiot Date
Defendant Written Discovery 09/2021
Defendant Depositions 12/2021
Defendant Expert Discovery per Code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
4 of 5
CM-110
PLAINTIFF/PETITIONER:
Daphne Beletsis, et al. CASE NUMBER:
| 19CV03287
DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al.
17. Economic litigation
a. [_] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 91 }-98 will apply to this case.
b. L_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[J The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
The parties anticipate meeting and conferring prior to the scheduled hearing date.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): 1
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: January 21, 2021
Ze
Derek H. Lim »
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
(M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5
Attachment 6c. (Dates on which parties or attomeys will not be available for trial)
Trial dates in other cases:
2/8/21
3/1/21
4/5/21
4/12/21
4/19/21
4/20/21
5/3/21
5/4/21
5/7/21
5/10/21
5/17/21
5/18/21
5/21/21
5/28/21
6/1/21
6/8/21
6/14/21
6/18/21
6/21/21
6/25/21
6/28/21
716/21
7/12/21
7/19/21
7/21/21
7/26/21
8/2/21
8/16/21
8/23/21
8/30/21
9/3/21
9/10/21
9/13/21
9/20/21
9/27/21
10/4/21
10/8/21
11/2/21
11/8/21
11/15/21
12/6/21
4843-3907-4004, v.1
PROOF OF SERVICE
Tam employed in the County of Los Angeles, State of Califomia. I am over the age of 18
and not a party to the within action; my business address is 4500 East Pacific Coast Highway,
Fourth Floor, Long Beach, Califomia, 90804-3298.
OnJanuary 22, 2021, I served the foregoing document described as CA SE
MANAGEMENT STATEMENT on the interested parties in this action
by placing the
original/true copies thereof enclosed in sealed envelopes addressed as follows:
SEE ATTACHED SERVICE LIST
Kx] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the
persons at the e-mail address(es) below. This is necessitated during the declared national
emergency due to the Coronavirus (COVID-19) pandemic because staff in this office is working
10 remotely, and is unable to send physical mail as usual. Therefore, the document(s) referenced
above is/are served only by using electronic mail. We will provide a physical copy, upon request
11 only, when we retum to the office at the conclusion of the national emergency.
12 dfierbery@tfnlgroup.com
13 jfazzola@tfnlgroup.com
Icloutier@tfnlqroup.com
14 tpicad@tfnlgroup.com
tphillips@thephillipsfirm.com
15 pmckinley@thephillipsfirm.com
hunter@gclitigation.com
16
landess@gclitigation.com
17 momero@hinshawlaw.com
KHightower@hinshawlaw.com
18 ulie.Azevedo@lewisbrisbois.com
Shawn. Toliver@lewisbrisbois.com
19 anet.leacler@lewisbrisbois.com
20 Kaisten.Garcia@lewisbrisbois.com
pball@messner.com
21 ikashefipour@messner.com
andrew. lauderdale@fanmersinsurance.com
22 labar@sawyedabar.com
guzman@sawyedabar.com
23
jal. 1e@) rather lysears.com
24. ttamaddon@hinshawlaw.com
mosbome@cokinoslaw.com
25 jsamra@cokinoslaw.com
asanchez@cokinoslaw.com
26
mchilds@yokasmith.com
27 service@yokasmith.com
amenulty@yokasmith.com
28 acase@yokasmith.com
4852-9871-7656, v. 1
joneil@to2law.com
nchong@to2law.com
slewin@to2law.com
thenington@to2law.com
file@darlaw.com
KX] (State): I declare under penalty of perjury under the laws of the State of Califomia that
the above is true and correct. Executed on January 22, 2021, at Long Beach, Califomia.
Peri Clark
[For purposes
of serving documents
on Demler, Armstrong & Rowland, LLP, please use the
email address for the attorney of record lin@darlaw.com, legal assistant cla@darlaw.com
and file@darlaw.com]
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24.
25
26
27
28
4852-9871-7656, v. 1
SERVICE LIST
Douglas E. Fierberg, Esq. Ivo Labar, Esq.
Jonathon N. Fazzola, Esq. SAWYER & LABAR, LLP
Lisa N. Cloutier, Esq. 201 Mission St, Suite 2240
THE FIERBERG NATIONAL LAW GROUP San Francisco, CA 94105
161 E. Front St., Suite 200 Telephone: 415-262-3820
Tiaverse City, MI 49684 Emails: labar@sawyerlabar.com
Telephone: 202-351-0510 guzman@sawyedabar.com
Facsimile: 231-252-8100 Co-Counsel for Plaintiff
Emails: dfierbery@tfnlgroup.com
jfazzola@tfnlgroup.com
ldoutie@tfnlqroup.com
tpicard@tfnlgroup.com
Attorney for Plaintiff
10
Thomas M. Phillips, Esq. Matthew C. Jaime, Esq.
11 WilliamP. Ryan, Esq. MATHENY SEARS LINKERT &
THE PHILLIPS FIRM, APC JAIME, LLP
12 800 West Sixth Street, Suite 980 3638 American River Drive
Los Angeles, CA 90017 Sacramento, CA 95864
13
Telephone: 213-587-7414 Telephone: 916-978-434x 129
14 Facsimile: 213-457-7515 Email: com
Emails: tphillips@thephillipsfirm.com Attorneys for Defendant
15 pmckinley@thephillipsfirm.com CHRISTOPHER GUEVARA.
Attorney for Defendant
16 STEFAN MATIAS LEON
17
Alan F. Hunter, Esq. Ray Tamaddon,
18 Elizabeth Gor Landess, Esq. HINSHAW & CULBERTSON LLP
GAVIN CUNNINGHAM & HUNTER 350 S. Grand Avenue, Suite 3600
19 1530 The Alameda, Suite 210 Los Angeles, CA 90071
San Jose, CA 95126 Telephone: 310-909-8000
20 Tel: 408-294-8500 Facsimile: 310-909-8001
21 Fax: 408-294-8596 Email: rtamaddon@hinshawlaw.com.
Email: hunter@gclitigation.com Attorneys for Defendant
22 landess@gclitigation.com ZACHARY NASH DAVIS
Attorneys for Defendant
23 RAFAEL GARCIA, JR.
24.
25
26
27
28
4852-9871-7656, v. 1
RobertJ. Romero, Esq. MichaelC. Osbom, Esq.
HINSHAW & CULBERTSON LLP Jaskiran Samra, Esq.
One Califomia Street, 18th Floor COKINOS | YOUNG
San Francisco, CA 94111 One Embarcadero Center, Suite 390
Telephone: 415-362-6000 San Francisco, CA 94111-2585
Fax: 415-834-9070 Telephone: 415-228-0208
Email: romero@hinshawlaw.com Emails: mosbome@cokinoslaw.com
KHightower@hinshawlaw.com. jsamra@cokinoslaw.com
Co-Counsel for Defendant asanchez@cokinoslaw.com
ZACHARY DAVIS Attorneys for Defendant
THETA CHI FRATERNITY, INC
Julie Azevedo, Esq.
Shawn Toliver, Esq. Mary Childs, Esq.
LEWIS BRISBOIS BISGAARD & SMITH Aaron Case, Esq.
2185 N. Califomia Blvd., Suite 300 YOKA & SMITH
10 Walnut Creek, CA 94596 445 South Figueroa Street, 38th Floor
Telephone: 925.357.3456 Los Angeles, CA 90071
11 Facsimile: 925.478.3260 Telephone: 213-427-2300
Emails: Julie Azevedo@lewisbrisbois.com Email: mchilds@yokasmith.com
12 Shawn. Toliver@lewisbrisbois.com service@yokasmith.com
anet.leacler@lewisbrisbois.com amcnulty@yokasmith.com
13
Kiisten.Garcia@lewisbrisbois.com acase@yokasmith.com
14 Attorneys for Defendant Attorneys for Defendants
JORDAN KEIICHI TAKAYAMA EMMANUEL THOMAS, BOBBY KARKI,
15 DEREK KING and JOHN DYLAN LEITCH
PatrickR. Ball, Esq.
16 Idin Kashefipour, Esq. Norman L. Chong, Esq.
MESSNER REEVES LLC Samantha Lewin, Esq.
17
10866 Wilshire Boulevard, Suite 800 Joseph D. O’ Neil, Esq.
18 Los Angeles, CA 90024 TARKINGTON, O’NEILL
Telephone: 310-909-7440/949-612-9136 BARRACK & CHONG
19 Facsimile: 310-889-0896 A Professional Corporation
Email: pball@messner.com 201 Mission Street, Suite 710
20 ikashefipour@messner.com San Francisco, CA 94105
21 Attorneys for Defendant Telephone: 415-777-5501/707 576-1380
MOISES TENORIO GARCIA Facsimile: 415- 546-4962/707-544-3144
22 Emails: joneil@to2law.com
Andrew M. Lauderdale, Esq. nchong@to2law.com
23 HARTSUY KER STRATMAN & slewin@to2law.com
WILLIAMS-ABREGO thenington@to2law.com
24. One Almaden Blvd., Suite 400 Attorneys for Defendant
25 San Jose, CA 95113 NAJPREET SINGH KAHLON
Telephone: 408-271-5325/831-251-1964
26 Facsimile: 408-271-5301
Email: andrew.lauderdale@fanmersinsurance.com
27 Attorneys for Defendant
QUINN MCLAUGHLIN
28
4852-9871-7656, v. 1
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY John R. Brydon/Derek H. Lim/Shannon E. Mallory SBN: 83365/209496/285569 ELECTRONICALLY FILED Demler, Armstrong & Rowland, LLP Superior Court of California 1350 Treat Boulevard, Suite 400 County of Santa Cruz Walnut Creek, CA 94597 1/22/2021 8:00 AM TELEPHONE No. (415) 949-1900 FAXNO. (Optional:(415) 354-8380 Alex Calvo, Clerk E-MAIL ADDRESS (Optiona): lim@darlaw.com By: Richard Kersten Seago, Deputy| ATTORNEY FOR (Name): Defendant BRAD VISACKI 4 w t < SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CRUZ t bru ‘Tt STREET ADDRESS:701 Ocean Street MAILING ADDREss:701 Ocean Street city AND zIP cove: Santa Cruz, CA 95060 BRANCH NAME: Santa Cruz Main Courthouse PLAINTIFF/PETITIONER: Daphne Beletsis, et al. DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al. CASE MANAGEMENT STATEMENT (CASE NUMBER: (Check one): UNLIMITED CASE [-) uitep case 19CV03287 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:February 9, 2021 Time:8:30 a.m. Dept.:4 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name):Derek H. Lim INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. This statement is submitted by party (name):Defendant BRAD VISACKI b. [__] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. [-] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. C5 al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [_] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c. [1 The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a Type of casein [X] complaint C) cross-complaint (Describe, including causes of action): This is a wrongful death/ survival action. Plaintiffs allege 7 causes of action for negligence, social host liability, and premises liability. Page1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, ‘Judicial Counell of California rules 3,720-3.730 CM-110 fRev. July 1, 2011] www.courts.ca.gov Wiestiaw Doc & Form Builder CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Daphne Beletsis, et al. 19CV03287 DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al. 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This case arises from an accident that occurred on or about 6/2/18. It is alleged that the decedent was intoxicated at a party and fell out ofa second story window, later passing from his injuries. Plaintiffs are the decedent's mothers. Defendant denies all allegations. CI (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial Coa nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a. [] The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attachment 6(C). Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number): 15 » CI hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [2] by the attorney or party listed in the caption [) by the following: a Attorney: b. Firm: ©, Address: d. Telephone number: f Fax number: E-mail address: oO g. Party represented: Additional representation is described in Attachment 8. Preference [1] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [1] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [5 has [1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). ) CO d This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. 2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) FO This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (CM-110 (Rev. July1, 2071] CASE MANAGEMENT STATEMENT Page 20f5 CM-110 PLAINTIFF/PETITIONER: Daphne Beletsis, et al. [CASE NUMBER: DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al. 19CV03287 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check ail that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check al! that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 Rev. July1, 2011] Page 30f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERDaphne Beletsis, et al. CASE NUMBER. | 19CV03287 DEFENDANT/RESPONDENTTheta Chi Fraternity, Inc., et al. 11. Insurance [J Insurance carrier, if , for party filing this statement (name): Landmark b. Reservation of rights: Yes No c. Ho Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [1] Bankruptey [] other (specify): Status: 13. Related cases, consolidation, and coordination a. [There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1] Additional cases are described in Attachment 13a. b. [_] Amotion to [) consolidate [) coordinate will be filed by (name party): 14. Bifurcation [J The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant filed a demurrer (hearing on 7/22/20) and a joinder to the motion to strike by Co-Defendant Najpreet Singh Kahlon (hearing on 8/31/20). Defendant also anticipates bringing a MSJ/MSA and Motions in Limine. 16. Discovery a. [__] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe al! anticipated discovery): Party Descriptiot Date Defendant Written Discovery 09/2021 Defendant Depositions 12/2021 Defendant Expert Discovery per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Daphne Beletsis, et al. CASE NUMBER: | 19CV03287 DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al. 17. Economic litigation a. [_] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 91 }-98 will apply to this case. b. L_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [J The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): The parties anticipate meeting and conferring prior to the scheduled hearing date. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: January 21, 2021 Ze Derek H. Lim » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. (M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5 Attachment 6c. (Dates on which parties or attomeys will not be available for trial) Trial dates in other cases: 2/8/21 3/1/21 4/5/21 4/12/21 4/19/21 4/20/21 5/3/21 5/4/21 5/7/21 5/10/21 5/17/21 5/18/21 5/21/21 5/28/21 6/1/21 6/8/21 6/14/21 6/18/21 6/21/21 6/25/21 6/28/21 716/21 7/12/21 7/19/21 7/21/21 7/26/21 8/2/21 8/16/21 8/23/21 8/30/21 9/3/21 9/10/21 9/13/21 9/20/21 9/27/21 10/4/21 10/8/21 11/2/21 11/8/21 11/15/21 12/6/21 4843-3907-4004, v.1 PROOF OF SERVICE Tam employed in the County of Los Angeles, State of Califomia. I am over the age of 18 and not a party to the within action; my business address is 4500 East Pacific Coast Highway, Fourth Floor, Long Beach, Califomia, 90804-3298. OnJanuary 22, 2021, I served the foregoing document described as CA SE MANAGEMENT STATEMENT on the interested parties in this action by placing the original/true copies thereof enclosed in sealed envelopes addressed as follows: SEE ATTACHED SERVICE LIST Kx] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) below. This is necessitated during the declared national emergency due to the Coronavirus (COVID-19) pandemic because staff in this office is working 10 remotely, and is unable to send physical mail as usual. Therefore, the document(s) referenced above is/are served only by using electronic mail. We will provide a physical copy, upon request 11 only, when we retum to the office at the conclusion of the national emergency. 12 dfierbery@tfnlgroup.com 13 jfazzola@tfnlgroup.com Icloutier@tfnlqroup.com 14 tpicad@tfnlgroup.com tphillips@thephillipsfirm.com 15 pmckinley@thephillipsfirm.com hunter@gclitigation.com 16 landess@gclitigation.com 17 momero@hinshawlaw.com KHightower@hinshawlaw.com 18 ulie.Azevedo@lewisbrisbois.com Shawn. Toliver@lewisbrisbois.com 19 anet.leacler@lewisbrisbois.com 20 Kaisten.Garcia@lewisbrisbois.com pball@messner.com 21 ikashefipour@messner.com andrew. lauderdale@fanmersinsurance.com 22 labar@sawyedabar.com guzman@sawyedabar.com 23 jal. 1e@) rather lysears.com 24. ttamaddon@hinshawlaw.com mosbome@cokinoslaw.com 25 jsamra@cokinoslaw.com asanchez@cokinoslaw.com 26 mchilds@yokasmith.com 27 service@yokasmith.com amenulty@yokasmith.com 28 acase@yokasmith.com 4852-9871-7656, v. 1 joneil@to2law.com nchong@to2law.com slewin@to2law.com thenington@to2law.com file@darlaw.com KX] (State): I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. Executed on January 22, 2021, at Long Beach, Califomia. Peri Clark [For purposes of serving documents on Demler, Armstrong & Rowland, LLP, please use the email address for the attorney of record lin@darlaw.com, legal assistant cla@darlaw.com and file@darlaw.com] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 4852-9871-7656, v. 1 SERVICE LIST Douglas E. Fierberg, Esq. Ivo Labar, Esq. Jonathon N. Fazzola, Esq. SAWYER & LABAR, LLP Lisa N. Cloutier, Esq. 201 Mission St, Suite 2240 THE FIERBERG NATIONAL LAW GROUP San Francisco, CA 94105 161 E. Front St., Suite 200 Telephone: 415-262-3820 Tiaverse City, MI 49684 Emails: labar@sawyerlabar.com Telephone: 202-351-0510 guzman@sawyedabar.com Facsimile: 231-252-8100 Co-Counsel for Plaintiff Emails: dfierbery@tfnlgroup.com jfazzola@tfnlgroup.com ldoutie@tfnlqroup.com tpicard@tfnlgroup.com Attorney for Plaintiff 10 Thomas M. Phillips, Esq. Matthew C. Jaime, Esq. 11 WilliamP. Ryan, Esq. MATHENY SEARS LINKERT & THE PHILLIPS FIRM, APC JAIME, LLP 12 800 West Sixth Street, Suite 980 3638 American River Drive Los Angeles, CA 90017 Sacramento, CA 95864 13 Telephone: 213-587-7414 Telephone: 916-978-434x 129 14 Facsimile: 213-457-7515 Email: com Emails: tphillips@thephillipsfirm.com Attorneys for Defendant 15 pmckinley@thephillipsfirm.com CHRISTOPHER GUEVARA. Attorney for Defendant 16 STEFAN MATIAS LEON 17 Alan F. Hunter, Esq. Ray Tamaddon, 18 Elizabeth Gor Landess, Esq. HINSHAW & CULBERTSON LLP GAVIN CUNNINGHAM & HUNTER 350 S. Grand Avenue, Suite 3600 19 1530 The Alameda, Suite 210 Los Angeles, CA 90071 San Jose, CA 95126 Telephone: 310-909-8000 20 Tel: 408-294-8500 Facsimile: 310-909-8001 21 Fax: 408-294-8596 Email: rtamaddon@hinshawlaw.com. Email: hunter@gclitigation.com Attorneys for Defendant 22 landess@gclitigation.com ZACHARY NASH DAVIS Attorneys for Defendant 23 RAFAEL GARCIA, JR. 24. 25 26 27 28 4852-9871-7656, v. 1 RobertJ. Romero, Esq. MichaelC. Osbom, Esq. HINSHAW & CULBERTSON LLP Jaskiran Samra, Esq. One Califomia Street, 18th Floor COKINOS | YOUNG San Francisco, CA 94111 One Embarcadero Center, Suite 390 Telephone: 415-362-6000 San Francisco, CA 94111-2585 Fax: 415-834-9070 Telephone: 415-228-0208 Email: romero@hinshawlaw.com Emails: mosbome@cokinoslaw.com KHightower@hinshawlaw.com. jsamra@cokinoslaw.com Co-Counsel for Defendant asanchez@cokinoslaw.com ZACHARY DAVIS Attorneys for Defendant THETA CHI FRATERNITY, INC Julie Azevedo, Esq. Shawn Toliver, Esq. Mary Childs, Esq. LEWIS BRISBOIS BISGAARD & SMITH Aaron Case, Esq. 2185 N. Califomia Blvd., Suite 300 YOKA & SMITH 10 Walnut Creek, CA 94596 445 South Figueroa Street, 38th Floor Telephone: 925.357.3456 Los Angeles, CA 90071 11 Facsimile: 925.478.3260 Telephone: 213-427-2300 Emails: Julie Azevedo@lewisbrisbois.com Email: mchilds@yokasmith.com 12 Shawn. Toliver@lewisbrisbois.com service@yokasmith.com anet.leacler@lewisbrisbois.com amcnulty@yokasmith.com 13 Kiisten.Garcia@lewisbrisbois.com acase@yokasmith.com 14 Attorneys for Defendant Attorneys for Defendants JORDAN KEIICHI TAKAYAMA EMMANUEL THOMAS, BOBBY KARKI, 15 DEREK KING and JOHN DYLAN LEITCH PatrickR. Ball, Esq. 16 Idin Kashefipour, Esq. Norman L. Chong, Esq. MESSNER REEVES LLC Samantha Lewin, Esq. 17 10866 Wilshire Boulevard, Suite 800 Joseph D. O’ Neil, Esq. 18 Los Angeles, CA 90024 TARKINGTON, O’NEILL Telephone: 310-909-7440/949-612-9136 BARRACK & CHONG 19 Facsimile: 310-889-0896 A Professional Corporation Email: pball@messner.com 201 Mission Street, Suite 710 20 ikashefipour@messner.com San Francisco, CA 94105 21 Attorneys for Defendant Telephone: 415-777-5501/707 576-1380 MOISES TENORIO GARCIA Facsimile: 415- 546-4962/707-544-3144 22 Emails: joneil@to2law.com Andrew M. Lauderdale, Esq. nchong@to2law.com 23 HARTSUY KER STRATMAN & slewin@to2law.com WILLIAMS-ABREGO thenington@to2law.com 24. One Almaden Blvd., Suite 400 Attorneys for Defendant 25 San Jose, CA 95113 NAJPREET SINGH KAHLON Telephone: 408-271-5325/831-251-1964 26 Facsimile: 408-271-5301 Email: andrew.lauderdale@fanmersinsurance.com 27 Attorneys for Defendant QUINN MCLAUGHLIN 28 4852-9871-7656, v. 1