Motion,Ex Parte: Daphne Beletsis, et al vs Christopher Guevara, et al

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                    1      Michael C. Osborne (Bar No. 95839)                            Superior Court of California
                           mosborne@cokinoslaw.com                                       County of Santa Cruz
                    2      Elaine Kobylecki (Bar No. 299311)                             10/25/2021 3:25 PM
                                                                                         Alex Calvo, Clerk
                           ekobylecki@cokinoslaw.com                                     By: Richard Kersten Seago, Deputy
                    3      COKINOS | YOUNG
                           611 Gateway Blvd., Ste. 233
                    4      South San Francisco, CA         94080
                           Telephone: (628) 229-9280
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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 TO CONTEST DEFENDANT
                                                                                      ZACHARY DAVIS’ APPLICATION FOR
                   14      THETA CHI FRATERNITY, INC., et al.                         DETERMINATION OF GOOD FAITH
                                                                                      SETTLEMENT
                   15                             Defendant.
                                                                                      Date: November 29, 2021
                   16                                                                 Time: 8:30 AM
                                                                                      Department 10
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                                                                                      Action Filed:     October 31, 2019
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                   20     TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
                   21              PLEASE TAKE NOTICE that on November 29, 2021 at 8:30 a.m., or as soon thereafter
                   22     as this matter may be heard, in Department 10 of the above-referenced Court, located at Santa Cruz
                   23     Courthouse,     701  Ocean    Street  Santa   Cruz,  CA   95060,    defendant   THETA      CHI    FRATERNITY,
                   24     INC.   (“Theta    Chi  National”)    will  and  hereby    does   move   the  Court   for  an  Order   denying    the
                   25     Application     for  Determination      of  Good    Faith  Settlement     filed  by  defendant     Zachary    Davis
                   26     (“Davis”).
                   27              This motion is made pursuant to California Code of Civil Procedure section 877.6(a)(2) on
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                              DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION AND MOTION TO CONTEST
                           DEFENDANT ZACHARY DAVIS’ APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
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                          the grounds that the settlement between defendant Zachary Davis and plaintiffs as referred to in
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                          said Application was not       entered   into in  good faith; and therefore, said settlement shall not bar
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                          other  joint  tortfeasors   from   claiming    against   the  settling  defendant    for  equitable   comparative
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                          negligence or comparative fault.
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                                   This Motion is based upon this Notice, the concurrently filed Memorandum of Points and
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                          Authorities and Declaration of Elaine Kobylecki in support thereof, the complete file and records
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                          in this action, and upon such other evidence and oral argument that may be offered at the hearing
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                          on this Motion.
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                           Dated:   October 25, 2021                                     COKINOS | YOUNG
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                   12                                                                    Michael C. Osborne
                                                                                         Elaine Kobylecki
                   13                                                                    Attorneys for Defendant
                                                                                         THETA CHI FRATERNITY, INC.
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                              DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION AND MOTION TO CONTEST
                                  ZACHARY DAVIS’ APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT