On October 31, 2019 a
Party Notice
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.
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1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
161 East Front Street, Suite 200
4 Traverse City, Michigan 49684
Telephone: (231) 933-0180
5 Fax: (231) 252-8100
6 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
7 labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
8 San Francisco, California 94111
Telephone: (415) 262-3820
9
Attorneys for Plaintiffs
10 DAPHNE BELETSIS
YVONNE RAINEY
11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SANTA CRUZ
14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
15 ALEXANDER BELETSIS, and PLAINTIFFS’ NOTICE OF MOTION
YVONNE RAINEY, surviving parent of AND MOTION TO COMPEL
16
ALEXANDER BELETSIS, deceased Hearing Date: April 13, 2022
17 Time: 8:30 a.m.
Plaintiffs, Dept.: 10
18 vs.
Complaint Filed: October 31, 2019
19 THETA CHI FRATERNITY, INC., et al.; FAC Filed: February 5, 2020
Trial Date: June 20, 2022
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Defendants.
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
1 TO THE PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on Wednesday, April 13, 2022, at 8:30 a.m., in Department
3 10 of the above-referenced Court located at 701 Ocean Street, Santa Cruz, California, Plaintiffs
4 Daphne Beletsis, individually and as Administrator of the Estate of Alexander Beletsis (“Alex”),
5 and Yvonne Rainey, as a surviving parent of Alex, will move, and hereby does move, for an Order
6 compelling Defendant Theta Chi Fraternity, Inc. (“Theta Chi”) to produce verified responses to
7 Plaintiffs’ Requests for Admission, Set One (the “RFAs”) to Theta Chi, verified responses to
8 Plaintiffs’ Special Interrogatories, Set Two (the “SROGs”) to Theta Chi, and verified responses to,
9 and all of the documents requested in, Plaintiffs’ Third Set of Requests for Production of
10 Documents (“RFPs”) to Theta Chi.
11 This Motion to Compel Verified Discovery Responses and Production of Documents is
12 made pursuant to California Code of Civil Procedure §§ 2030.290, 2030.300, 2031.300, 2031.320,
13 and 2033.290, on the grounds that Theta Chi’s objections to the RFAs, SROGs, and RFPs are
14 without merit and/or too general and, despite ample time and assurances that verified responses to
15 the RFAs, SROGs, and RFPs, and documents responsive to the RFPs, would be forthcoming,
16 Theta Chi has failed and refused to serve verified responses or produce the documents requested,
17 in violation of its discovery obligations. Given that Theta Chi has not responded to any of
18 Plaintiffs’ SROGs, and has failed to verify the handful of answers it provided to Plaintiffs’
19 RFAs and RFPs, in accordance with Rule 3.1345(b)(1), a separate statement is not required
20 with this Motion. However, should the Court believe that such a statement would assist the
21 Court in its adjudication of Plaintiffs’ Motion, Plaintiffs will supplement this filing to
22 provide one upon request.
23 This Motion to Compel Verified Discovery Responses and Production of Documents is
24 based on this Notice, the accompanying Memorandum of Points and Authorities in support
25 thereof, the accompanying Declaration of Jonathon Fazzola (and exhibits thereto), the complete
26 file and records in this action, and upon such other evidence and oral argument that may be offered
27 at the hearing on this Motion to Compel Verified Discovery Responses and Production.
28 As set forth more fully in the Declaration of Jonathon Fazzola that accompanies this
2
PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
1 Motion to Compel Verified Discovery Responses and Production of Documents, in accordance
2 with California Code of Civil Procedure § 2016.040, counsel for Plaintiffs has made multiple
3 reasonable and good faith attempts to confer with counsel for Theta Chi to address Theta Chi’s
4 objections and secure Theta Chi’s verified responses and production of documents in response to
5 Plaintiffs’ First Set of Requests for Admission, Second Set of Requests for Special Interrogatories,
6 and Third Request for Production of Documents. As of the date of this Motion to Compel
7 Verified Discovery Responses and Production of Documents, those efforts have been
8 unsuccessful.
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10 DATED: February 3, 2022 SAWYER & LABAR LLP
11
12 By:
13 Ivo Labar
14
15 THE FIERBERG NATIONAL LAW GROUP, PLLC
16 By:
Jonathon N. Fazzola (admitted pro hac vice)
17
18 Attorneys for Plaintiffs DAPHNE BELETSIS and
YVONNE RAINEY
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
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1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com 161 East Front Street, Suite 200 4 Traverse City, Michigan 49684 Telephone: (231) 933-0180 5 Fax: (231) 252-8100 6 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 7 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 8 San Francisco, California 94111 Telephone: (415) 262-3820 9 Attorneys for Plaintiffs 10 DAPHNE BELETSIS YVONNE RAINEY 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SANTA CRUZ 14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 15 ALEXANDER BELETSIS, and PLAINTIFFS’ NOTICE OF MOTION YVONNE RAINEY, surviving parent of AND MOTION TO COMPEL 16 ALEXANDER BELETSIS, deceased Hearing Date: April 13, 2022 17 Time: 8:30 a.m. Plaintiffs, Dept.: 10 18 vs. Complaint Filed: October 31, 2019 19 THETA CHI FRATERNITY, INC., et al.; FAC Filed: February 5, 2020 Trial Date: June 20, 2022 20 Defendants. 21 22 23 24 25 26 27 28 1 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL 1 TO THE PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on Wednesday, April 13, 2022, at 8:30 a.m., in Department 3 10 of the above-referenced Court located at 701 Ocean Street, Santa Cruz, California, Plaintiffs 4 Daphne Beletsis, individually and as Administrator of the Estate of Alexander Beletsis (“Alex”), 5 and Yvonne Rainey, as a surviving parent of Alex, will move, and hereby does move, for an Order 6 compelling Defendant Theta Chi Fraternity, Inc. (“Theta Chi”) to produce verified responses to 7 Plaintiffs’ Requests for Admission, Set One (the “RFAs”) to Theta Chi, verified responses to 8 Plaintiffs’ Special Interrogatories, Set Two (the “SROGs”) to Theta Chi, and verified responses to, 9 and all of the documents requested in, Plaintiffs’ Third Set of Requests for Production of 10 Documents (“RFPs”) to Theta Chi. 11 This Motion to Compel Verified Discovery Responses and Production of Documents is 12 made pursuant to California Code of Civil Procedure §§ 2030.290, 2030.300, 2031.300, 2031.320, 13 and 2033.290, on the grounds that Theta Chi’s objections to the RFAs, SROGs, and RFPs are 14 without merit and/or too general and, despite ample time and assurances that verified responses to 15 the RFAs, SROGs, and RFPs, and documents responsive to the RFPs, would be forthcoming, 16 Theta Chi has failed and refused to serve verified responses or produce the documents requested, 17 in violation of its discovery obligations. Given that Theta Chi has not responded to any of 18 Plaintiffs’ SROGs, and has failed to verify the handful of answers it provided to Plaintiffs’ 19 RFAs and RFPs, in accordance with Rule 3.1345(b)(1), a separate statement is not required 20 with this Motion. However, should the Court believe that such a statement would assist the 21 Court in its adjudication of Plaintiffs’ Motion, Plaintiffs will supplement this filing to 22 provide one upon request. 23 This Motion to Compel Verified Discovery Responses and Production of Documents is 24 based on this Notice, the accompanying Memorandum of Points and Authorities in support 25 thereof, the accompanying Declaration of Jonathon Fazzola (and exhibits thereto), the complete 26 file and records in this action, and upon such other evidence and oral argument that may be offered 27 at the hearing on this Motion to Compel Verified Discovery Responses and Production. 28 As set forth more fully in the Declaration of Jonathon Fazzola that accompanies this 2 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL 1 Motion to Compel Verified Discovery Responses and Production of Documents, in accordance 2 with California Code of Civil Procedure § 2016.040, counsel for Plaintiffs has made multiple 3 reasonable and good faith attempts to confer with counsel for Theta Chi to address Theta Chi’s 4 objections and secure Theta Chi’s verified responses and production of documents in response to 5 Plaintiffs’ First Set of Requests for Admission, Second Set of Requests for Special Interrogatories, 6 and Third Request for Production of Documents. As of the date of this Motion to Compel 7 Verified Discovery Responses and Production of Documents, those efforts have been 8 unsuccessful. 9 10 DATED: February 3, 2022 SAWYER & LABAR LLP 11 12 By: 13 Ivo Labar 14 15 THE FIERBERG NATIONAL LAW GROUP, PLLC 16 By: Jonathon N. Fazzola (admitted pro hac vice) 17 18 Attorneys for Plaintiffs DAPHNE BELETSIS and YVONNE RAINEY 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL