Preview
ELECTRONICALLY FILED
Superior Court of California
1 Michael C. Osborne (Bar No. 95839) County of Santa Cruz
mosborne@cokinoslaw.com 4/1/2022 4:32 PM
Elaine Kobylecki (Bar No. 299311) Alex Calvo, Clerk
2 By: Helena Hanson, Deputy
ekobylecki@cokinoslaw.com
3 COKINOS | YOUNG
611 Gateway Blvd., Ste. 233
4 South San Francisco, CA 94080
Telephone: (628) 229-9180
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, SEPARATE STATEMENT IN SUPPORT
OF DEFENDANT THETA CHI
13 v. FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
14 THETA CHI FRATERNITY, INC., et al.
Date: June 3, 2022
15 Defendant. Time: 8:30 AM
Dept.: 10
16
17 Action Filed: October 31, 2019
Trial Date: June 20, 2022
18
19
20 Defendant Theta Chi Fraternity, Inc. (“Theta Chi”) hereby submits, under California Rules
21 of Court, Rule 3.1345, the following separate statement in support of its Motion to Quash the
22 subpoena served by plaintiffs on RSUI Indemnity co., as follows:
23 REQUEST NO. 1
24 Any and all documents and correspondence constituting, regarding or referring to
25 negotiation of the terms, conditions, premiums, retention endorsements, amendments, exclusions
26 and coverage amounts for Commercial General Liability Coverage issued by You for Theta Chi
27 Fraternity, Inc. (“Theta Chi National”) covering Theta Chi National for allegations of “bodily
28 injury” or “property damage” arising out of an “occurrence,” or otherwise related to allegations of
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
hazing, misuse of alcohol or drugs, violations of risk management rules or personal injury caused
2
by the actions or negligence of active chapters (“Active Chapters”), at events held at or sponsored
3
by Active Chapters, or by Active Chapter members or guests thereof.
4
OBJECTIONS TO REQUEST NO. 1 – LEGAL ARGUMENT SUPPORTING
5
QUASHING THE REQUEST
6
The Subpoena requests the production of documents and correspondence which will contain
7
and compromise information and documents that are confidential, proprietary, and privileged to
8
Theta Chi, a consumer of the records sought.
9
The Subpoena is also overbroad and uncertain as to scope and time.
10
The Subpoena is further overbroad in that it requests the production of documents and
11
correspondence concerning insurance coverage to chapters, entities, or persons other than
12
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
13
subject matter of this litigation, are not relevant to the determination of any motion made in this
14
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
15
of admissible evidence with the meaning of the California Civil Discovery Act.
16
The Subpoena also requests the production of documents and correspondence which will
17
contain private and confidential information as to other claimants nationwide, thereby violating
18
those third-persons’ rights to privacy and confidentiality.
19
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
20
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
21
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
22
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
23
admissible evidence.
24
REQUEST NO. 2
25
Any and all documents and correspondence constituting, regarding or referring to
26
negotiations of the terms, conditions, premiums, retention endorsements, amendments, exclusions
27
and coverage amounts for Commercial General Liability Coverage issued by You for Active
28
2
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
Chapters of Theta Chi Fraternity, Inc. (“Active Chapters”), including, without limitation, the Theta
2
Iota Chapter at the University of California, Santa Cruz (“Theta Iota”), covering Active Chapters,
3
Theta Iota and Active Chapter Members for allegations of “bodily injury” or “property damage”
4
arising out of an “occurrence,” or otherwise related to allegations of hazing, misuse of alcohol or
5
drugs, violations of risk management rules or personal injury caused by the actions or negligence
6
of Active Chapters, Theta Iota, at events held at or sponsored by Active Chapters, or by Active
7
Chapter members or guests thereof.
8
OBJECTIONS TO REQUEST NO. 2 – LEGAL ARGUMENT SUPPORTING
9
QUASHING THE REQUEST
10
The Subpoena requests the production of documents and correspondence which will contain
11
and compromise information and documents that are confidential, proprietary, and privileged to
12
Theta Chi, a consumer of the records sought.
13
The Subpoena is also overbroad and uncertain as to scope and time.
14
The Subpoena is further overbroad in that it requests the production of documents and
15
correspondence concerning insurance coverage to chapters, entities, or persons other than
16
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
17
subject matter of this litigation, are not relevant to the determination of any motion made in this
18
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
19
of admissible evidence with the meaning of the California Civil Discovery Act.
20
The Subpoena also requests the production of documents and correspondence which will
21
contain private and confidential information as to other claimants nationwide, thereby violating
22
those third-persons’ rights to privacy and confidentiality.
23
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
24
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
25
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
26
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
27
admissible evidence.
28
3
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
REQUEST NO. 3
2
Any and all documents, studies, charts, assessments, and correspondence constituting,
3
regarding, referring to or otherwise identifying risk of loss histories, analyses and forecasts for
4
“occurrences” or claims for “bodily injury” or “property damage” made under Commercial General
5
Liability Coverage policies issued by You to Theta Chi National, Active Chapters and Theta Iota
6
from 2010 to the Present.
7
OBJECTIONS TO REQUEST NO. 3 – LEGAL ARGUMENT SUPPORTING
8
QUASHING THE REQUEST
9
The Subpoena requests the production of documents and correspondence which will contain
10
and compromise information and documents that are confidential, proprietary, and privileged to
11
Theta Chi, a consumer of the records sought.
12
The Subpoena is also overbroad and uncertain as to scope and time.
13
The Subpoena is further overbroad in that it requests the production of documents and
14
correspondence concerning insurance coverage to chapters, entities, or persons other than
15
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
16
subject matter of this litigation, are not relevant to the determination of any motion made in this
17
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
18
of admissible evidence with the meaning of the California Civil Discovery Act.
19
The Subpoena also requests the production of documents and correspondence which will
20
contain private and confidential information as to other claimants nationwide, thereby violating
21
those third-persons’ rights to privacy and confidentiality.
22
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
23
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
24
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
25
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
26
admissible evidence.
27
//
28
4
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
REQUEST NO. 4
2
Any and all documents, studies, charts, assessments, and correspondence constituting,
3
regarding, referring to or otherwise identifying the setting of premiums, rates and other terms and
4
conditions for payment of Commercial General Liability Coverage policies issued by You to Theta
5
Chi National, Active Chapters and Theta Iota from 2010 to the Present, including the identification
6
of whether and how premium payments are allocated to or among Theta Chi National, Active
7
Chapters, and/or Active Chapter members.
8
OBJECTIONS TO REQUEST NO. 4 – LEGAL ARGUMENT SUPPORTING
9
QUASHING THE REQUEST
10
The Subpoena requests the production of documents and correspondence which will contain
11
and compromise information and documents that are confidential, proprietary, and privileged to
12
Theta Chi, a consumer of the records sought.
13
The Subpoena is also overbroad and uncertain as to scope and time.
14
The Subpoena is further overbroad in that it requests the production of documents and
15
correspondence concerning insurance coverage to chapters, entities, or persons other than
16
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
17
subject matter of this litigation, are not relevant to the determination of any motion made in this
18
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
19
of admissible evidence with the meaning of the California Civil Discovery Act.
20
The Subpoena also requests the production of documents and correspondence which will
21
contain private and confidential information as to other claimants nationwide, thereby violating
22
those third-persons’ rights to privacy and confidentiality.
23
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
24
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
25
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
26
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
27
admissible evidence.
28
5
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
2
REQUEST NO. 5
3
Any and all documents constituting, regarding, referring to or otherwise identifying notices
4
of an “Occurrence” for the Theta Iota from 2010 to the Present.
5
OBJECTIONS TO REQUEST NO. 5 – LEGAL ARGUMENT SUPPORTING
6
QUASHING THE REQUEST
7
The Subpoena requests the production of documents and correspondence which will contain
8
and compromise information and documents that are confidential, proprietary, and privileged to
9
Theta Chi, a consumer of the records sought.
10
The Subpoena is also overbroad and uncertain as to scope and time.
11
The Subpoena is further overbroad in that it requests the production of documents and
12
correspondence concerning insurance coverage to chapters, entities, or persons other than
13
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
14
subject matter of this litigation, are not relevant to the determination of any motion made in this
15
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
16
of admissible evidence with the meaning of the California Civil Discovery Act.
17
The Subpoena also requests the production of documents and correspondence which will
18
contain private and confidential information as to other claimants nationwide, thereby violating
19
those third-persons’ rights to privacy and confidentiality.
20
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
21
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
22
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
23
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
24
admissible evidence.
25
REQUEST NO. 6
26
Any and all documents identifying persons responsible for or involved in the negotiation of
27
the terms, conditions, premiums, retention endorsements, amendments, exclusions and coverage
28
6
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
amounts for Commercial General Liability Coverage policies issued by You to Theta Chi National,
2
Active Chapters and/or Theta Iota from 2010 to the Present covering such entities and Active
3
Chapter Members for allegations of “bodily injury” or “property damage” arising out of an
4
“occurrence,” or otherwise related to allegations of hazing, misuse of alcohol or drugs, violations
5
of risk management rules or personal injury.
6
OBJECTIONS TO REQUEST NO. 6 – LEGAL ARGUMENT SUPPORTING
7
QUASHING THE REQUEST
8
The Subpoena requests the production of documents and correspondence which will contain
9
and compromise information and documents that are confidential, proprietary, and privileged to
10
Theta Chi, a consumer of the records sought.
11
The Subpoena is also overbroad and uncertain as to scope and time.
12
The Subpoena is further overbroad in that it requests the production of documents and
13
correspondence concerning insurance coverage to chapters, entities, or persons other than
14
defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the
15
subject matter of this litigation, are not relevant to the determination of any motion made in this
16
litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery
17
of admissible evidence with the meaning of the California Civil Discovery Act.
18
The Subpoena also requests the production of documents and correspondence which will
19
contain private and confidential information as to other claimants nationwide, thereby violating
20
those third-persons’ rights to privacy and confidentiality.
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
7
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
1
Moreover, the Subpoena seeks documents protected under the attorney-client privilege and
2
attorney work-product doctrine as governed by California Evidence Code sections 952 and 954,
3
and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to
4
scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of
5
admissible evidence.
6
Dated: April 1, 2022 COKINOS | YOUNG
7
8
9 Michael C. Osborne
Elaine Kobylecki
10 Attorneys for Defendant
THETA CHI FRATERNITY, INC.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO
QUASH SUBPOENA
Preview
ELECTRONICALLY FILED Superior Court of California 1 Michael C. Osborne (Bar No. 95839) County of Santa Cruz mosborne@cokinoslaw.com 4/1/2022 4:32 PM Elaine Kobylecki (Bar No. 299311) Alex Calvo, Clerk 2 By: Helena Hanson, Deputy ekobylecki@cokinoslaw.com 3 COKINOS | YOUNG 611 Gateway Blvd., Ste. 233 4 South San Francisco, CA 94080 Telephone: (628) 229-9180 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, SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI 13 v. FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 14 THETA CHI FRATERNITY, INC., et al. Date: June 3, 2022 15 Defendant. Time: 8:30 AM Dept.: 10 16 17 Action Filed: October 31, 2019 Trial Date: June 20, 2022 18 19 20 Defendant Theta Chi Fraternity, Inc. (“Theta Chi”) hereby submits, under California Rules 21 of Court, Rule 3.1345, the following separate statement in support of its Motion to Quash the 22 subpoena served by plaintiffs on RSUI Indemnity co., as follows: 23 REQUEST NO. 1 24 Any and all documents and correspondence constituting, regarding or referring to 25 negotiation of the terms, conditions, premiums, retention endorsements, amendments, exclusions 26 and coverage amounts for Commercial General Liability Coverage issued by You for Theta Chi 27 Fraternity, Inc. (“Theta Chi National”) covering Theta Chi National for allegations of “bodily 28 injury” or “property damage” arising out of an “occurrence,” or otherwise related to allegations of SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 hazing, misuse of alcohol or drugs, violations of risk management rules or personal injury caused 2 by the actions or negligence of active chapters (“Active Chapters”), at events held at or sponsored 3 by Active Chapters, or by Active Chapter members or guests thereof. 4 OBJECTIONS TO REQUEST NO. 1 – LEGAL ARGUMENT SUPPORTING 5 QUASHING THE REQUEST 6 The Subpoena requests the production of documents and correspondence which will contain 7 and compromise information and documents that are confidential, proprietary, and privileged to 8 Theta Chi, a consumer of the records sought. 9 The Subpoena is also overbroad and uncertain as to scope and time. 10 The Subpoena is further overbroad in that it requests the production of documents and 11 correspondence concerning insurance coverage to chapters, entities, or persons other than 12 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 13 subject matter of this litigation, are not relevant to the determination of any motion made in this 14 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 15 of admissible evidence with the meaning of the California Civil Discovery Act. 16 The Subpoena also requests the production of documents and correspondence which will 17 contain private and confidential information as to other claimants nationwide, thereby violating 18 those third-persons’ rights to privacy and confidentiality. 19 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 20 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 21 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 22 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 23 admissible evidence. 24 REQUEST NO. 2 25 Any and all documents and correspondence constituting, regarding or referring to 26 negotiations of the terms, conditions, premiums, retention endorsements, amendments, exclusions 27 and coverage amounts for Commercial General Liability Coverage issued by You for Active 28 2 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 Chapters of Theta Chi Fraternity, Inc. (“Active Chapters”), including, without limitation, the Theta 2 Iota Chapter at the University of California, Santa Cruz (“Theta Iota”), covering Active Chapters, 3 Theta Iota and Active Chapter Members for allegations of “bodily injury” or “property damage” 4 arising out of an “occurrence,” or otherwise related to allegations of hazing, misuse of alcohol or 5 drugs, violations of risk management rules or personal injury caused by the actions or negligence 6 of Active Chapters, Theta Iota, at events held at or sponsored by Active Chapters, or by Active 7 Chapter members or guests thereof. 8 OBJECTIONS TO REQUEST NO. 2 – LEGAL ARGUMENT SUPPORTING 9 QUASHING THE REQUEST 10 The Subpoena requests the production of documents and correspondence which will contain 11 and compromise information and documents that are confidential, proprietary, and privileged to 12 Theta Chi, a consumer of the records sought. 13 The Subpoena is also overbroad and uncertain as to scope and time. 14 The Subpoena is further overbroad in that it requests the production of documents and 15 correspondence concerning insurance coverage to chapters, entities, or persons other than 16 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 17 subject matter of this litigation, are not relevant to the determination of any motion made in this 18 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 19 of admissible evidence with the meaning of the California Civil Discovery Act. 20 The Subpoena also requests the production of documents and correspondence which will 21 contain private and confidential information as to other claimants nationwide, thereby violating 22 those third-persons’ rights to privacy and confidentiality. 23 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 24 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 25 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 26 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 27 admissible evidence. 28 3 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 REQUEST NO. 3 2 Any and all documents, studies, charts, assessments, and correspondence constituting, 3 regarding, referring to or otherwise identifying risk of loss histories, analyses and forecasts for 4 “occurrences” or claims for “bodily injury” or “property damage” made under Commercial General 5 Liability Coverage policies issued by You to Theta Chi National, Active Chapters and Theta Iota 6 from 2010 to the Present. 7 OBJECTIONS TO REQUEST NO. 3 – LEGAL ARGUMENT SUPPORTING 8 QUASHING THE REQUEST 9 The Subpoena requests the production of documents and correspondence which will contain 10 and compromise information and documents that are confidential, proprietary, and privileged to 11 Theta Chi, a consumer of the records sought. 12 The Subpoena is also overbroad and uncertain as to scope and time. 13 The Subpoena is further overbroad in that it requests the production of documents and 14 correspondence concerning insurance coverage to chapters, entities, or persons other than 15 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 16 subject matter of this litigation, are not relevant to the determination of any motion made in this 17 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 18 of admissible evidence with the meaning of the California Civil Discovery Act. 19 The Subpoena also requests the production of documents and correspondence which will 20 contain private and confidential information as to other claimants nationwide, thereby violating 21 those third-persons’ rights to privacy and confidentiality. 22 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 23 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 24 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 25 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 26 admissible evidence. 27 // 28 4 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 REQUEST NO. 4 2 Any and all documents, studies, charts, assessments, and correspondence constituting, 3 regarding, referring to or otherwise identifying the setting of premiums, rates and other terms and 4 conditions for payment of Commercial General Liability Coverage policies issued by You to Theta 5 Chi National, Active Chapters and Theta Iota from 2010 to the Present, including the identification 6 of whether and how premium payments are allocated to or among Theta Chi National, Active 7 Chapters, and/or Active Chapter members. 8 OBJECTIONS TO REQUEST NO. 4 – LEGAL ARGUMENT SUPPORTING 9 QUASHING THE REQUEST 10 The Subpoena requests the production of documents and correspondence which will contain 11 and compromise information and documents that are confidential, proprietary, and privileged to 12 Theta Chi, a consumer of the records sought. 13 The Subpoena is also overbroad and uncertain as to scope and time. 14 The Subpoena is further overbroad in that it requests the production of documents and 15 correspondence concerning insurance coverage to chapters, entities, or persons other than 16 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 17 subject matter of this litigation, are not relevant to the determination of any motion made in this 18 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 19 of admissible evidence with the meaning of the California Civil Discovery Act. 20 The Subpoena also requests the production of documents and correspondence which will 21 contain private and confidential information as to other claimants nationwide, thereby violating 22 those third-persons’ rights to privacy and confidentiality. 23 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 24 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 25 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 26 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 27 admissible evidence. 28 5 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 2 REQUEST NO. 5 3 Any and all documents constituting, regarding, referring to or otherwise identifying notices 4 of an “Occurrence” for the Theta Iota from 2010 to the Present. 5 OBJECTIONS TO REQUEST NO. 5 – LEGAL ARGUMENT SUPPORTING 6 QUASHING THE REQUEST 7 The Subpoena requests the production of documents and correspondence which will contain 8 and compromise information and documents that are confidential, proprietary, and privileged to 9 Theta Chi, a consumer of the records sought. 10 The Subpoena is also overbroad and uncertain as to scope and time. 11 The Subpoena is further overbroad in that it requests the production of documents and 12 correspondence concerning insurance coverage to chapters, entities, or persons other than 13 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 14 subject matter of this litigation, are not relevant to the determination of any motion made in this 15 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 16 of admissible evidence with the meaning of the California Civil Discovery Act. 17 The Subpoena also requests the production of documents and correspondence which will 18 contain private and confidential information as to other claimants nationwide, thereby violating 19 those third-persons’ rights to privacy and confidentiality. 20 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 21 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 22 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 23 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 24 admissible evidence. 25 REQUEST NO. 6 26 Any and all documents identifying persons responsible for or involved in the negotiation of 27 the terms, conditions, premiums, retention endorsements, amendments, exclusions and coverage 28 6 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 amounts for Commercial General Liability Coverage policies issued by You to Theta Chi National, 2 Active Chapters and/or Theta Iota from 2010 to the Present covering such entities and Active 3 Chapter Members for allegations of “bodily injury” or “property damage” arising out of an 4 “occurrence,” or otherwise related to allegations of hazing, misuse of alcohol or drugs, violations 5 of risk management rules or personal injury. 6 OBJECTIONS TO REQUEST NO. 6 – LEGAL ARGUMENT SUPPORTING 7 QUASHING THE REQUEST 8 The Subpoena requests the production of documents and correspondence which will contain 9 and compromise information and documents that are confidential, proprietary, and privileged to 10 Theta Chi, a consumer of the records sought. 11 The Subpoena is also overbroad and uncertain as to scope and time. 12 The Subpoena is further overbroad in that it requests the production of documents and 13 correspondence concerning insurance coverage to chapters, entities, or persons other than 14 defendant Theta Iota Chapter of Theta Chi Fraternity, and such materials are not relevant to the 15 subject matter of this litigation, are not relevant to the determination of any motion made in this 16 litigation, are not admissible in evidence, and are not reasonably calculated to lead to the discovery 17 of admissible evidence with the meaning of the California Civil Discovery Act. 18 The Subpoena also requests the production of documents and correspondence which will 19 contain private and confidential information as to other claimants nationwide, thereby violating 20 those third-persons’ rights to privacy and confidentiality. 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 7 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA 1 Moreover, the Subpoena seeks documents protected under the attorney-client privilege and 2 attorney work-product doctrine as governed by California Evidence Code sections 952 and 954, 3 and Code of Civil Procedure section 2018.030 respectively. The Subpoena is also overbroad as to 4 scope and time and seeks documents which are irrelevant and not likely to lead to the discovery of 5 admissible evidence. 6 Dated: April 1, 2022 COKINOS | YOUNG 7 8 9 Michael C. Osborne Elaine Kobylecki 10 Attorneys for Defendant THETA CHI FRATERNITY, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO QUASH SUBPOENA