Clifford v. Alpha Epsilon Pi Fraternity CA3

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Pretrial Proceedings In May 2009, Clifford filed a complaint against Alpha, Delta and Daniel Sacher (a fraternity member) alleging claims for violation of Penal Code section 245.62 and negligence on various theories. Clifford alleged that in October 2008, as a pledge, he was forced to drink “inordinate amounts of alcohol” at a retreat at Lake Tahoe to the point that he blacked out. Clifford further alleged that in November 2008 at the fraternity house he was pressured to drink and play drinking games. At the conclusion of a game, Sacher allegedly tackled Clifford, severely injuring his foot and ankle, which required multiples surgeries and left him with lost range of motion, a permanent limp, severe pain and increased susceptibility to arthritis. Clifford alleged on information and belief that Alpha and Delta had a history of hazing and the UC Davis Police and Alpha were on notice that excessive drinking had occurred at Delta pledge events. After we remanded the case in 2015, the matter was set for trial in Yolo County Superior Court. At a trial readiness conference in late January 2018, counsel for Clifford informed the court of…