On October 31, 2019 a
6. Osborne Dec ISO MSJ
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
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) 229-9280
5
Attorneys for Defendant
6 THETA CHI FRATERNITY, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff, DECLARATION OF MICHAEL C.
OSBORNE IN SUPPORT OF DEFENDANT
13 v. THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT
14 THETA CHI FRATERNITY, INC., et al. OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION
15 Defendant.
Date: May 6, 2022
16 Time: 8:30 AM
Dept.: 10
17
Action Filed: October 31, 2019
18 Trial Date: June 20, 2022
19
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY,
INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 I, Michael C. Osborne, declare as follows:
2 1. I am an attorney, duly licensed to practice in the State of California, and am an attorney
3 with Cokinos | Young, counsel of record for Defendant Theta Chi Fraternity, Inc. (“Theta
4 Chi”) in this matter. I make this Declaration based upon my own personal knowledge and
5 in support of Theta Chi’s Motion for Summary Judgment or, In The Alternative, Summary
6 Adjudication. If called to testify about the contents of this Declaration, I would
7 competently and truthfully testify to the maters as set forth herein from my own personal
8 knowledge.
9 2. Attached as Exhibit A to the Index of Exhibits and Evidence In Support of Defendant
10 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative,
11 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy
12 of plaintiffs’ First Amended Complaint, filed on February 5, 2020.
3. Attached as Exhibit B to the Index of Exhibits and Evidence In Support of Defendant Theta
13
Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary
14
Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts
15
from Leon Burns’ Deposition Transcript.
16
4. Attached as Exhibit C to the Index of Exhibits and Evidence In Support of Defendant
17
Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative,
18
Summary Adjudication, filed and served concurrently herewith, is a true and correct copy
19
of excerpts from Mathieu Turk’s Deposition Transcript.
20
5. Attached as Exhibit D to the Index of Exhibits and Evidence In Support of Defendant
21
Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative,
22
Summary Adjudication, filed and served concurrently herewith, is a true and correct copy
23
of excerpts from Miguel Saldivar’s Deposition Transcript.
24
6. Attached as Exhibit E to the Index of Exhibits and Evidence In Support of Defendant Theta
25
Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary
26
Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts
27
from Sophia Beletsis’ Deposition Transcript.
28
2
DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY,
INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 7. Attached as Exhibit F to the Index of Exhibits and Evidence In Support of Defendant Theta
2 Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary
3 Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts
4 from Jose Sanchez’s Deposition Transcript.
5 8. Attached as Exhibit G to the Index of Exhibits and Evidence In Support of Defendant
6 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative,
7 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy
8 of excerpts from Jordan Takayama’s Deposition Transcript.
9 9. Attached as Exhibit H to the Index of Exhibits and Evidence In Support of Defendant
10 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative,
11 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy
12 of excerpts from Zachary Davis’ Deposition Transcript.
10. Attached as Exhibit I to the Index of Exhibits and Evidence In Support of Defendant Theta
13
Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary
14
Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts
15
from Rafael Garcia, Jr.’s Deposition Transcript.
16
I declare under penalty of perjury under the laws of the State of California that the foregoing
17
is true and correct and that this Declaration was executed on February 17, 2022, in South San
18
Francisco, California.
19
20
21
22 Michael C. Osborne
23
24
25
26
27
28
3
DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY,
INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
Preview
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) 229-9280 5 Attorneys for Defendant 6 THETA CHI FRATERNITY, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, et al., Case No. 19CV03287 12 Plaintiff, DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT 13 v. THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT 14 THETA CHI FRATERNITY, INC., et al. OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 15 Defendant. Date: May 6, 2022 16 Time: 8:30 AM Dept.: 10 17 Action Filed: October 31, 2019 18 Trial Date: June 20, 2022 19 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 I, Michael C. Osborne, declare as follows: 2 1. I am an attorney, duly licensed to practice in the State of California, and am an attorney 3 with Cokinos | Young, counsel of record for Defendant Theta Chi Fraternity, Inc. (“Theta 4 Chi”) in this matter. I make this Declaration based upon my own personal knowledge and 5 in support of Theta Chi’s Motion for Summary Judgment or, In The Alternative, Summary 6 Adjudication. If called to testify about the contents of this Declaration, I would 7 competently and truthfully testify to the maters as set forth herein from my own personal 8 knowledge. 9 2. Attached as Exhibit A to the Index of Exhibits and Evidence In Support of Defendant 10 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, 11 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy 12 of plaintiffs’ First Amended Complaint, filed on February 5, 2020. 3. Attached as Exhibit B to the Index of Exhibits and Evidence In Support of Defendant Theta 13 Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary 14 Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts 15 from Leon Burns’ Deposition Transcript. 16 4. Attached as Exhibit C to the Index of Exhibits and Evidence In Support of Defendant 17 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, 18 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy 19 of excerpts from Mathieu Turk’s Deposition Transcript. 20 5. Attached as Exhibit D to the Index of Exhibits and Evidence In Support of Defendant 21 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, 22 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy 23 of excerpts from Miguel Saldivar’s Deposition Transcript. 24 6. Attached as Exhibit E to the Index of Exhibits and Evidence In Support of Defendant Theta 25 Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary 26 Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts 27 from Sophia Beletsis’ Deposition Transcript. 28 2 DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 7. Attached as Exhibit F to the Index of Exhibits and Evidence In Support of Defendant Theta 2 Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary 3 Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts 4 from Jose Sanchez’s Deposition Transcript. 5 8. Attached as Exhibit G to the Index of Exhibits and Evidence In Support of Defendant 6 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, 7 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy 8 of excerpts from Jordan Takayama’s Deposition Transcript. 9 9. Attached as Exhibit H to the Index of Exhibits and Evidence In Support of Defendant 10 Theta Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, 11 Summary Adjudication, filed and served concurrently herewith, is a true and correct copy 12 of excerpts from Zachary Davis’ Deposition Transcript. 10. Attached as Exhibit I to the Index of Exhibits and Evidence In Support of Defendant Theta 13 Chi Fraternity, Inc.’s Motion for Summary Judgment or, In The Alternative, Summary 14 Adjudication, filed and served concurrently herewith, is a true and correct copy of excerpts 15 from Rafael Garcia, Jr.’s Deposition Transcript. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct and that this Declaration was executed on February 17, 2022, in South San 18 Francisco, California. 19 20 21 22 Michael C. Osborne 23 24 25 26 27 28 3 DECLARATION OF MICHAEL C. OSBORNE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION