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1 AARON S. CASE, Bar #265751
acase@yokasmith.com
2 MARY CHILDS, Bar # 134274
3 mchilds@yokasmith.com
YOKA | SMITH, LLP
4 445 South Figueroa Street, 38th Floor
Los Angeles, California 90071
5 Phone: (213) 427-2300
6 Fax: (213) 427-2330
Attorneys for Defendants, EMMANUEL THOMAS, BOBBY KARKI, and JOHN DYLAN LEITCH
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as ) Case No.: 19CV03287
Administrator of the ESTATE OF ALEXANDER ) Assigned to Hon. John M. Gallagher – Dept. 10
12 BELETSIS, and YVONNE RAINEY, surviving )
13 parent of ALEXANDER BELETSIS, deceased, ) DEFENDANTS EMMANUEL THOMAS,
) BOBBY KARKI, AND JOHN DYLAN
14 Plaintiffs, ) LEITCH’S NOTICE OF POSTING
vs. ) COMPLEX FEES PURSUANT TO
15 ) GOVERNMENT CODE SECTION 70616
16 THETA CHI FRATERNITY, INC., a New York )
corporation, individually, as a member of and t/a )
17 the Theta Iota Chapter, University of California, )
Santa Cruz, as a member of the fraternal order )
18 known as Theta Chi Fraternity, and as an alter-ego) Action Filed: October 31, 2019
and successor entity of the Theta Iota Chapter of )
19
Theta Chi Fraternity; THETA IOTA CHAPTER ) First Amended Complaint
20 OF THETA CHI FRATERNITY, individually, ) Filed: February 5, 2020
and as an agent and alter-ego of Theta Chi )
21 Fraternity, Inc.; CHRISTOPHER GUEVARA, )
individually, and as an agent/member of Theta )
22
Chi Fraternity, Inc. and Theta Iota Chapter of )
23 Theta Chi Fraternity; BRAD VISACKI, )
individually, and as an agent/member of Theta )
24 Chi Fraternity, Inc. and Theta Iota Chapter of )
Theta Chi Fraternity; JORDAN KEIICHI )
25
TAKAYAMA, individually, and as an )
26 agent/member of Theta Chi Fraternity, Inc. and )
Theta Iota Chapter of Theta Chi Fraternity; )
27 ZACHARY NASH DAVIS, individually, and as )
an agent/member of Theta Chi Fraternity, Inc. and )
28
Theta Iota Chapter of Theta Chi Fraternity; )
1
DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING
COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616
1 NAJPREET SINGH KAHLON, individually, and )
as an agent/member of Theta Chi Fraternity, Inc. )
2 and Theta Iota Chapter of Theta Chi Fraternity; )
STEFAN MATIAS LEON, individually, and as )
3 an agent/member of Theta Chi Fraternity, Inc. and )
Theta Iota Chapter of Theta Chi Fraternity; )
4
MOISES FRANCISCO TENORIO GARCIA, )
5 individually, and as an agent/member of Theta )
Chi Fraternity, Inc. and Theta Iota Chapter of )
6 Theta Chi Fraternity; RAFAEL GARCIA, )
individually, and as an agent/member of Theta )
7
Chi Fraternity, Inc. and Theta Iota Chapter of )
8 Theta Chi Fraternity; EMMANUEL THOMAS, )
individually, and as an agent/member of Theta )
9 Chi Fraternity, Inc. and Theta Iota Chapter of )
Theta Chi Fraternity; BOBBY KARKI, )
10
individually, and as an agent/member of Theta )
11 Chi Fraternity, Inc. and Theta Iota Chapter of )
Theta Chi Fraternity; DEREK KING, )
12 individually, and as an agent/member of Theta )
Chi Fraternity, Inc. and Theta Iota Chapter of )
13
Theta Chi Fraternity; JOHN DYLAN LEITCH, )
14 individually, and as an agent/member of Theta )
Chi Fraternity, Inc. and Theta Iota Chapter of )
15 Theta Chi Fraternity; QUINN MCLAUGHLIN, )
individually and as Trustee of the QUINN M. )
16 MCLAUGHLIN LIVING TRUST, 117 Pasture )
17 Rd., Santa Cruz, CA 95060; and JOHN DOES 1 )
through 10, inclusive, individually, and as )
18 agents/members of Theta Chi Fraternity, Inc. and )
Theta Iota Chapter of Theta Chi Fraternity, )
19 )
20 Defendants. )
)
21 )
22
23 TO THE COURT HEREIN AND ALL PARTIES AND THEIR ATTORNEYS OF
24 RECORD:
25 PLEASE TAKE NOTICE that pursuant to Government Code section 70616, defendants,
26 EMMANUEL THOMAS, BOBBY KARKI, and JOHN DYLAN LEITCH, hereby submit the
27 ///
28 ///
2
DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING
COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616
1 complex fee payment for the above-entitled matter in the amount of $1,000.00 for each defendant.
2
3 Date: March 16, 2022 YOKA | SMITH, LLP
4
5 By _____________________________________
AARON S. CASE
6 MARY CHILDS
7 Attorneys for Defendants, EMMANUEL
THOMAS, BOBBY KARKI, and JOHN DYLAN
8 LEITCH
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DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING
COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616
CRS.35148-Bele
PROOF OF SERVICE
CCP 1013
1 Daphne Beletsis, et al. v. Theta Chi Fraternity, et al.
Santa Cruz County Case No. 19CV03287
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
3 not a party to the within action; my business address is 445 South Figueroa Street, 38th Floor, Los Angeles,
California 90071.
4
On March 16, 2022, I served true copies of the foregoing document described as
5 DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S
NOTICE OF POSTING COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION
6
70616 on the interested party or parties in this action as follows:
7
***SEE ATTACHED SERVICE LIST***
8
9 [ ] (BY MAIL) I am familiar with our firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
10 day in the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if the postal cancellation date or postage meter date is more than one working
11 day after the date of deposit for mailing in this declaration.
12 [ ] (BY FACSIMILE) In addition to regular mail, I sent this document via facsimile, number(s) as
listed on the service list on March 16, 2022.
13
[X] (BY EMAIL ONLY) I sent this document to the email addresses as listed on the service list on
14 March 16, 2022.
15 ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the
persons at the email address(es) listed. This is necessitated during the declared National
16
Emergency due to the Coronavirus (COVID-19) pandemic, as this office is mostly working
17 remotely, not able to send physical mail as usual, and is therefore using electronic mail. No
electronic message or other indication that the transmission was unsuccessful was received
18 within a reasonable time after the transmission.
19 [ ] (BY OVERNIGHT DELIVERY) By placing a true copy thereof enclosed in a sealed FedEx
envelope, on March 16, 2022, with such fees prepaid, deposited in a FedEx depository at Los
20 Angeles, CA in the ordinary course of business.
21 [ ] (BY PERSONAL SERVICE) Such envelope was delivered by an agent of Document Delivery
Service by hand to the office of the addressee.
22
[X] (STATE) I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
24
Executed on March 16, 2022 at Los Angeles, California.
25
26 _________________________
27 An McNulty
28
1
CRS.35148-Bele
Daphne Beletsis, et al. v. Theta Chi Fraternity, et al.
Santa Cruz County Case No. 19CV03287
1
SERVICE LIST
2
3 Douglas E. Fierberg (admitted pro hac vice) Daniel R. Friedenthal; James Lee
dfierberg@tfnlgroup.com Jay D. Brown
4
Jonathan N. Fazzola (admitted pro hac vice) ph. FRIEDENTHAL, HEFFERNAN & BROWN, LLP
5 231.933.0180 1520 W. Colorado Boulevard, Second Floor
jfazzola@tfnlgroup.com Pasadena, California 91105
6 Lisa N. Cloutier (admitted pro hac vice) T: (626) 628-2800 F: (626) 628-2828
lcloutier@tfnlgroup.com dfriedenthal@FHBLawyers.com;
7 THE FIERBERG NATIONAL LAW GROUP, PLLC jlee@fhblawyers.com; jbrown@FHBLawyers.com
161 East Front Street, Suite 200 cc: nruiz@FHBLawyers.com
8 Traverse City, MI 49684 Attorneys for Specially Appearing Defendant,
cc: kfarese@tfnlgroup.com THETA IOTA CHAPTER OF THETA CHI
9 (202) 351-0510 Fax: (231) 252-8100 FRATERNITY
10 Ivo Labar Patrick Ball
labar@sawyerlabar.com
11 Idin Kashefipour
SAWYER & LABAR LLP
MESSNER REEVES, LLP
1700 Montgomery, Suite 108
12 650 Town Center Drive, Suite 700
San Francisco, CA 94111
Costa Mesa, CA 92626
13 (415) 262-3820
Tel: (949) 612-9128 Fax: (949) 438-2304
cc: guzman@sawyerlabar.com;
pball@messner.com; ikashefipour@messner.com
14 marinkovich@sawyerlabar.com
Attorneys for Defendant, MOISES TENORIO
Attorneys for Plaintiffs, DAPHNE BELETSIS and
GARCIA
15 YVONNE RAINEY
16 John D. Hourihan John R. Brydon
STRATMAN, SCHWARTZ & WILLIAMS-ABREGO Derek H. Lim
17 P.O. Box 258829 Shannon Mallory
Oklahoma City, OK 73125-8829 DEMLER ARMSTRONG & ROWLAND, LLP
18
(510) 457-3440 1990 N. California Blvd., Eighth Floor
John.Hourihan@farmersinsurance.com Walnut Creek, CA 94596
19
Attorney for Defendant, QUINN McLAUGHLIN T: 415.949-1900 â–ª Cell 415.317.3693
20 lim@darlaw.com; bry@darlaw.com
mal@darlaw.com
21 cc: Peri Clark cla@darlaw.com
Attorney for Defendant, BRAD VISACKI
22
Michael C. Osborne Matthew C. Jaime
23 Jaskiran Samra Robert W. Sweetin
Elaine Kobylecki MATHENY SEARS LINKERT & JAIME LLP
24 COKINOS | YOUNG 3638 American River Drive
611 Gateway Boulevard, Suite 233 Sacramento, CA 95864
25 (916) 978-3434 Fax: (916) 978-3430
South San Francisco, CA 94080
(628) 229-9280 mjaime@mathenysears.com
26 rsweetin@mathenysears.com
mosborne@cokinoslaw.com; jsamra@cokinoslaw.com
ekobylecki@cokinoslaw.com; cc:asanchez@cokinoslaw.com Attorney for Defendant, CHRIS GUEVARA
27
Attorney for Defendant, THETA CHI FRATERNITY, INC.
28
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Preview
1 AARON S. CASE, Bar #265751 acase@yokasmith.com 2 MARY CHILDS, Bar # 134274 3 mchilds@yokasmith.com YOKA | SMITH, LLP 4 445 South Figueroa Street, 38th Floor Los Angeles, California 90071 5 Phone: (213) 427-2300 6 Fax: (213) 427-2330 Attorneys for Defendants, EMMANUEL THOMAS, BOBBY KARKI, and JOHN DYLAN LEITCH 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as ) Case No.: 19CV03287 Administrator of the ESTATE OF ALEXANDER ) Assigned to Hon. John M. Gallagher – Dept. 10 12 BELETSIS, and YVONNE RAINEY, surviving ) 13 parent of ALEXANDER BELETSIS, deceased, ) DEFENDANTS EMMANUEL THOMAS, ) BOBBY KARKI, AND JOHN DYLAN 14 Plaintiffs, ) LEITCH’S NOTICE OF POSTING vs. ) COMPLEX FEES PURSUANT TO 15 ) GOVERNMENT CODE SECTION 70616 16 THETA CHI FRATERNITY, INC., a New York ) corporation, individually, as a member of and t/a ) 17 the Theta Iota Chapter, University of California, ) Santa Cruz, as a member of the fraternal order ) 18 known as Theta Chi Fraternity, and as an alter-ego) Action Filed: October 31, 2019 and successor entity of the Theta Iota Chapter of ) 19 Theta Chi Fraternity; THETA IOTA CHAPTER ) First Amended Complaint 20 OF THETA CHI FRATERNITY, individually, ) Filed: February 5, 2020 and as an agent and alter-ego of Theta Chi ) 21 Fraternity, Inc.; CHRISTOPHER GUEVARA, ) individually, and as an agent/member of Theta ) 22 Chi Fraternity, Inc. and Theta Iota Chapter of ) 23 Theta Chi Fraternity; BRAD VISACKI, ) individually, and as an agent/member of Theta ) 24 Chi Fraternity, Inc. and Theta Iota Chapter of ) Theta Chi Fraternity; JORDAN KEIICHI ) 25 TAKAYAMA, individually, and as an ) 26 agent/member of Theta Chi Fraternity, Inc. and ) Theta Iota Chapter of Theta Chi Fraternity; ) 27 ZACHARY NASH DAVIS, individually, and as ) an agent/member of Theta Chi Fraternity, Inc. and ) 28 Theta Iota Chapter of Theta Chi Fraternity; ) 1 DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616 1 NAJPREET SINGH KAHLON, individually, and ) as an agent/member of Theta Chi Fraternity, Inc. ) 2 and Theta Iota Chapter of Theta Chi Fraternity; ) STEFAN MATIAS LEON, individually, and as ) 3 an agent/member of Theta Chi Fraternity, Inc. and ) Theta Iota Chapter of Theta Chi Fraternity; ) 4 MOISES FRANCISCO TENORIO GARCIA, ) 5 individually, and as an agent/member of Theta ) Chi Fraternity, Inc. and Theta Iota Chapter of ) 6 Theta Chi Fraternity; RAFAEL GARCIA, ) individually, and as an agent/member of Theta ) 7 Chi Fraternity, Inc. and Theta Iota Chapter of ) 8 Theta Chi Fraternity; EMMANUEL THOMAS, ) individually, and as an agent/member of Theta ) 9 Chi Fraternity, Inc. and Theta Iota Chapter of ) Theta Chi Fraternity; BOBBY KARKI, ) 10 individually, and as an agent/member of Theta ) 11 Chi Fraternity, Inc. and Theta Iota Chapter of ) Theta Chi Fraternity; DEREK KING, ) 12 individually, and as an agent/member of Theta ) Chi Fraternity, Inc. and Theta Iota Chapter of ) 13 Theta Chi Fraternity; JOHN DYLAN LEITCH, ) 14 individually, and as an agent/member of Theta ) Chi Fraternity, Inc. and Theta Iota Chapter of ) 15 Theta Chi Fraternity; QUINN MCLAUGHLIN, ) individually and as Trustee of the QUINN M. ) 16 MCLAUGHLIN LIVING TRUST, 117 Pasture ) 17 Rd., Santa Cruz, CA 95060; and JOHN DOES 1 ) through 10, inclusive, individually, and as ) 18 agents/members of Theta Chi Fraternity, Inc. and ) Theta Iota Chapter of Theta Chi Fraternity, ) 19 ) 20 Defendants. ) ) 21 ) 22 23 TO THE COURT HEREIN AND ALL PARTIES AND THEIR ATTORNEYS OF 24 RECORD: 25 PLEASE TAKE NOTICE that pursuant to Government Code section 70616, defendants, 26 EMMANUEL THOMAS, BOBBY KARKI, and JOHN DYLAN LEITCH, hereby submit the 27 /// 28 /// 2 DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616 1 complex fee payment for the above-entitled matter in the amount of $1,000.00 for each defendant. 2 3 Date: March 16, 2022 YOKA | SMITH, LLP 4 5 By _____________________________________ AARON S. CASE 6 MARY CHILDS 7 Attorneys for Defendants, EMMANUEL THOMAS, BOBBY KARKI, and JOHN DYLAN 8 LEITCH 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 70616 CRS.35148-Bele PROOF OF SERVICE CCP 1013 1 Daphne Beletsis, et al. v. Theta Chi Fraternity, et al. Santa Cruz County Case No. 19CV03287 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and 3 not a party to the within action; my business address is 445 South Figueroa Street, 38th Floor, Los Angeles, California 90071. 4 On March 16, 2022, I served true copies of the foregoing document described as 5 DEFENDANTS EMMANUEL THOMAS, BOBBY KARKI, AND JOHN DYLAN LEITCH’S NOTICE OF POSTING COMPLEX FEES PURSUANT TO GOVERNMENT CODE SECTION 6 70616 on the interested party or parties in this action as follows: 7 ***SEE ATTACHED SERVICE LIST*** 8 9 [ ] (BY MAIL) I am familiar with our firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 10 day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one working 11 day after the date of deposit for mailing in this declaration. 12 [ ] (BY FACSIMILE) In addition to regular mail, I sent this document via facsimile, number(s) as listed on the service list on March 16, 2022. 13 [X] (BY EMAIL ONLY) I sent this document to the email addresses as listed on the service list on 14 March 16, 2022. 15 ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the email address(es) listed. This is necessitated during the declared National 16 Emergency due to the Coronavirus (COVID-19) pandemic, as this office is mostly working 17 remotely, not able to send physical mail as usual, and is therefore using electronic mail. No electronic message or other indication that the transmission was unsuccessful was received 18 within a reasonable time after the transmission. 19 [ ] (BY OVERNIGHT DELIVERY) By placing a true copy thereof enclosed in a sealed FedEx envelope, on March 16, 2022, with such fees prepaid, deposited in a FedEx depository at Los 20 Angeles, CA in the ordinary course of business. 21 [ ] (BY PERSONAL SERVICE) Such envelope was delivered by an agent of Document Delivery Service by hand to the office of the addressee. 22 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. 24 Executed on March 16, 2022 at Los Angeles, California. 25 26 _________________________ 27 An McNulty 28 1 CRS.35148-Bele Daphne Beletsis, et al. v. Theta Chi Fraternity, et al. Santa Cruz County Case No. 19CV03287 1 SERVICE LIST 2 3 Douglas E. Fierberg (admitted pro hac vice) Daniel R. Friedenthal; James Lee dfierberg@tfnlgroup.com Jay D. Brown 4 Jonathan N. Fazzola (admitted pro hac vice) ph. FRIEDENTHAL, HEFFERNAN & BROWN, LLP 5 231.933.0180 1520 W. Colorado Boulevard, Second Floor jfazzola@tfnlgroup.com Pasadena, California 91105 6 Lisa N. Cloutier (admitted pro hac vice) T: (626) 628-2800 F: (626) 628-2828 lcloutier@tfnlgroup.com dfriedenthal@FHBLawyers.com; 7 THE FIERBERG NATIONAL LAW GROUP, PLLC jlee@fhblawyers.com; jbrown@FHBLawyers.com 161 East Front Street, Suite 200 cc: nruiz@FHBLawyers.com 8 Traverse City, MI 49684 Attorneys for Specially Appearing Defendant, cc: kfarese@tfnlgroup.com THETA IOTA CHAPTER OF THETA CHI 9 (202) 351-0510 Fax: (231) 252-8100 FRATERNITY 10 Ivo Labar Patrick Ball labar@sawyerlabar.com 11 Idin Kashefipour SAWYER & LABAR LLP MESSNER REEVES, LLP 1700 Montgomery, Suite 108 12 650 Town Center Drive, Suite 700 San Francisco, CA 94111 Costa Mesa, CA 92626 13 (415) 262-3820 Tel: (949) 612-9128 Fax: (949) 438-2304 cc: guzman@sawyerlabar.com; pball@messner.com; ikashefipour@messner.com 14 marinkovich@sawyerlabar.com Attorneys for Defendant, MOISES TENORIO Attorneys for Plaintiffs, DAPHNE BELETSIS and GARCIA 15 YVONNE RAINEY 16 John D. Hourihan John R. Brydon STRATMAN, SCHWARTZ & WILLIAMS-ABREGO Derek H. Lim 17 P.O. Box 258829 Shannon Mallory Oklahoma City, OK 73125-8829 DEMLER ARMSTRONG & ROWLAND, LLP 18 (510) 457-3440 1990 N. California Blvd., Eighth Floor John.Hourihan@farmersinsurance.com Walnut Creek, CA 94596 19 Attorney for Defendant, QUINN McLAUGHLIN T: 415.949-1900 ▪ Cell 415.317.3693 20 lim@darlaw.com; bry@darlaw.com mal@darlaw.com 21 cc: Peri Clark cla@darlaw.com Attorney for Defendant, BRAD VISACKI 22 Michael C. Osborne Matthew C. Jaime 23 Jaskiran Samra Robert W. Sweetin Elaine Kobylecki MATHENY SEARS LINKERT & JAIME LLP 24 COKINOS | YOUNG 3638 American River Drive 611 Gateway Boulevard, Suite 233 Sacramento, CA 95864 25 (916) 978-3434 Fax: (916) 978-3430 South San Francisco, CA 94080 (628) 229-9280 mjaime@mathenysears.com 26 rsweetin@mathenysears.com mosborne@cokinoslaw.com; jsamra@cokinoslaw.com ekobylecki@cokinoslaw.com; cc:asanchez@cokinoslaw.com Attorney for Defendant, CHRIS GUEVARA 27 Attorney for Defendant, THETA CHI FRATERNITY, INC. 28 2