Party Notice: Daphne Beletsis, et al vs Christopher Guevara, et al

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                                1      Michael C. Osborne (Bar No. 95839)
                           mosborne@cokinoslaw.com
                    2      Elaine Kobylecki (Bar No. 299311)
                           ekobylecki@cokinoslaw.com
                    3      COKINOS | YOUNG
                           611 Gateway Blvd., Ste. 233
                    4      South San Francisco, CA         94080
                           Telephone: (628) 229-980
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                           Attorneys for Defendant
                    6      THETA CHI FRATERNITY, INC.
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                    8                             SUPERIOR COURT OF THE STATE OF CALIFORNIA

                    9                                              COUNTY OF SANTA CRUZ

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                   11      DAPHNE BELETSIS, et al.,                                    Case No.    19CV03287

                   12                             Plaintiff,                           DEFENDANT THETA CHI FRATERNITY,
                                                                                       INC.’S NOTICE OF MOTION AND
                   13               v.                                                 MOTION FOR SUMMARY JUDGMENT
                           THETA CHI FRATERNITY, INC., et al.                          OR, IN THE ALTERNATIVE, SUMMARY
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                                                                                       ADJUDICATION
                   15                             Defendant.
                                                                                       Date: May 6, 2022
                   16                                                                  Time: 8:30 AM
                                                                                       Department: 10
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                   18                                                                  Action Filed:     October 31, 2019
                                                                                       Trial Date:       June 20, 2022
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                   21     TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
                   22              PLEASE TAKE NOTICE that on May 6, 2022 at 8:30 a.m., or as soon thereafter as this
                   23     matter   may   be   heard,  in  Department     10   of the  above-entitled     Court,   Defendant     THETA      CHI
                   24     FRATERNITY, INC.            (“Theta Chi”), will move this Court, and hereby does move this Court for
                   25     an Order entering summary judgment, or in the alternative, summary adjudication in favor of Theta
                   26     Chi on Plaintiffs DAPHNE BELETSIS                and  YVONNE RAINEY’S              (“Plaintiffs”) First Amended
                   27     Complaint.
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                          DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR, IN
                                                         THE ALTERNATIVE, SUMMARY ADJUDICATION
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                                   This motion is made pursuant to the following:
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                                   Theta   Chi   is entitled  to  summary     judgment     as  to Plaintiffs’   First Amended      Complaint
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                          pursuant   to  Code   of  Civil  Procedure    section   437c(a)   because   there   is no  triable issue   as to  any
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                          material fact, and Theta Chi is entitled to judgment as a matter of law.
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                                   Alternatively, Theta Chi is entitled to summary adjudication as to each of the four causes
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                          of action against it in Plaintiffs’ First Amended Complaint (First, Second, Third, Fourth, and Fifth
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                          Causes of Action) pursuant to Code of Civil Procedure section 437c(f) because there is no triable
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                          issue as to any material fact for each cause of action, and Theta Chi is entitled to summary judgment
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                          as a matter of law on each cause of action because – 1) It did not owe a duty of care to Plaintiffs;
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                          2) It did not assume any duties through its own policies or the policies of University of California
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                          at Santa   Cruz; 3)   It is not  vicariously liable    for the  conduct   of  Defendant    Theta   Iota  Chapter   of
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                          Theta Chi Fraternity, Inc. and its members; and 4) It is not vicariously liable based on the alter ego
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                          doctrine.
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                                   This motion will be based on this Notice of Motion and on the papers in support served and
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                          filed concurrently (Defendant’s Memorandum of Points and Authorities, Declaration of Michael
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                          Mayer,    Declaration     of  Michael    C.   Osborne,    Defendant’s     Separate    Statement     of  Undisputed
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                          Material Facts, and Defendant’s Index of Exhibits and Evidence and accompanying exhibits); such
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                          evidence as may be presented at the hearing of the motion; and all other papers and pleadings on
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                          file with the Court in this action.
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                           Dated:   February 17, 2022                                    COKINOS | YOUNG
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                   24                                                                    Michael C. Osborne
                                                                                         Elaine Kobylecki
                   25                                                                    Attorneys for Defendant
                                                                                         THETA CHI FRATERNITY, INC.
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                          DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR, IN
                                                         THE ALTERNATIVE, SUMMARY ADJUDICATION