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

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                                1      Michael C. Osborne (Bar No. 95839)                                               ELECTRONICALLY FILED
                           mosborne@cokinoslaw.com                                                          Superior Court of California
                    2      Elaine Kobylecki (Bar No. 299311)                                                County of Santa Cruz
                           ekobylecki@cokinoslaw.com                                                        4/7/2022 10:54 AM
                    3      COKINOS | YOUNG                                                                  Alex Calvo, Clerk
                           611 Gateway Blvd., Ste. 233                                                      By: Marlen Pineda, Deputy
                    4      South San Francisco, CA         94080
                           Telephone: (628) 229-9180
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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 SEVER PLAINTIFFS’
                           THETA CHI FRATERNITY, INC., et al.                          EQUITABLE CLAIMS OF ALTER EGO
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                                                                                       AND SUCCESSOR LIABILITY
                   15                             Defendant.
                                                                                       Date: May 6, 2022
                   16                                                                  Time: 8:30 AM
                                                                                       Dept.: 10
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                                                                                       Action Filed:     October 31, 2019
                   18                                                                  Trial Date:       June 20, 2022
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                   20     TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
                   21              PLEASE TAKE NOTICE that on May 6, 2022 at 8:30 a.m., or as soon thereafter as this
                   22     matter   may    be  heard,  in  Department      10  of  the  above-entitled    Court,   defendant    THETA       CHI
                   23     FRATERNITY,         INC.    (“Theta    Chi”),  will  move   and   hereby   does   move   this  Court  for  an  Order
                   24     severing   for  purposes    of  trial plaintiffs’   equitable   claims   of  alter  ego  and   successor    liability,
                   25     requiring that such alter ego claims be tried to the Court after the conclusion of the jury trial as to
                   26     plaintiffs’ claims at law.
                   27              This   motion   will  be  made    pursuant   to  Code   of  Civil  Procedure    section   1048(b),    which
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                                        NOTICE OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO SEVER
                                                                 PLAINTIFFS’ EQUITABLE CLAIMS
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                          provides this Court with the discretion to order a severance of claims and issues at trial.
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                                   This motion will be based on this Notice of Motion and on Defendant’s Memorandum of
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                          Points and Authorities in support of this Motion, served and filed concurrently, on such evidence
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                          and arguments as may be presented at the hearing of the motion, and all other papers and pleadings
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                          on file with the Court in this action.
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                    7      Dated:   April 7, 2022                                        COKINOS | YOUNG

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                                                                                         Michael C. Osborne
                   10                                                                    Elaine Kobylecki
                                                                                         Attorneys for Defendant
                   11                                                                    THETA CHI FRATERNITY, INC.
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                                        NOTICE OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION TO SEVER
                                                                 PLAINTIFFS’ EQUITABLE CLAIMS