On October 31, 2019 a
Motion,Ex Parte
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) ELECTRONICALLY FILED
mosborne@cokinoslaw.com Superior Court of California
Elaine Kobylecki (Bar No. 299311) County of Santa Cruz
2 2/17/2022 2:41 PM
ekobylecki@cokinoslaw.com Alex Calvo, Clerk
3 COKINOS | YOUNG By: Richard Kersten Seago, Deputy
611 Gateway Blvd., Ste. 233
4 South San Francisco, CA 94080
Telephone: (628) 229-980
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, 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
14
ADJUDICATION
15 Defendant.
Date: May 6, 2022
16 Time: 8:30 AM
Department: 10
17
18 Action Filed: October 31, 2019
Trial Date: June 20, 2022
19
20
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.
28
DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR, IN
THE ALTERNATIVE, SUMMARY ADJUDICATION
1
This motion is made pursuant to the following:
2
Theta Chi is entitled to summary judgment as to Plaintiffs’ First Amended Complaint
3
pursuant to Code of Civil Procedure section 437c(a) because there is no triable issue as to any
4
material fact, and Theta Chi is entitled to judgment as a matter of law.
5
Alternatively, Theta Chi is entitled to summary adjudication as to each of the four causes
6
of action against it in Plaintiffs’ First Amended Complaint (First, Second, Third, Fourth, and Fifth
7
Causes of Action) pursuant to Code of Civil Procedure section 437c(f) because there is no triable
8
issue as to any material fact for each cause of action, and Theta Chi is entitled to summary judgment
9
as a matter of law on each cause of action because – 1) It did not owe a duty of care to Plaintiffs;
10
2) It did not assume any duties through its own policies or the policies of University of California
11
at Santa Cruz; 3) It is not vicariously liable for the conduct of Defendant Theta Iota Chapter of
12
Theta Chi Fraternity, Inc. and its members; and 4) It is not vicariously liable based on the alter ego
13
doctrine.
14
This motion will be based on this Notice of Motion and on the papers in support served and
15
filed concurrently (Defendant’s Memorandum of Points and Authorities, Declaration of Michael
16
Mayer, Declaration of Michael C. Osborne, Defendant’s Separate Statement of Undisputed
17
Material Facts, and Defendant’s Index of Exhibits and Evidence and accompanying exhibits); such
18
evidence as may be presented at the hearing of the motion; and all other papers and pleadings on
19
file with the Court in this action.
20
21
Dated: February 17, 2022 COKINOS | YOUNG
22
23
24 Michael C. Osborne
Elaine Kobylecki
25 Attorneys for Defendant
THETA CHI FRATERNITY, INC.
26
27
28
2
DEFENDANT THETA CHI FRATERNITY, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR, IN
THE ALTERNATIVE, SUMMARY ADJUDICATION
Document Filed Date
February 17, 2022
Case Filing Date
October 31, 2019
Category
(23) Unlimited Other PI / PD / WD
Status
03/27/2023 Dispositioned
For full print and download access, please subscribe at https://www.trellis.law/.