California Trial Court Grants Summary Judgment for Sigma Alpha Mu and Three Other Fraternity Related Entities in USC Sexual Assault Case 

Patrick Ball, Yoka Smith, LLC, pball@yokasmith.com

In Jane Doe v. Sigma Alpha Mu Fraternity, Inc., et al., Los Angeles County Superior Court Case No. 21STCV46495, Plaintiff Jane Doe (“Plaintiff”) alleged that she attended a college fraternity party at USC hosted by the Mu Theta Chapter of Sigma Alpha Mu Fraternity.  Plaintiff further alleged she was served and consumed alcohol at the party despite being underage and, after becoming intoxicated at the party, claimed that she was sexually assaulted by a chapter member.  USC signed off on the party before it began, and the Mu Theta Chapter hired an outside events company to provide private security.

Plaintiff sued her alleged assailant, the Mu Theta Chapter, the event services company that provided the security, and four other fraternity-based entities—Sigma Alpha Mu Fraternity, Inc. (the national fraternity), SAM USC Housing, LLC (the house corporation that owned the chapter house where the alleged assault occurred), SAM Property Management, LLC (the property manager of the chapter house), and SAM National Properties, LLC (a national entity focused on investing in undergraduate fraternity houses throughout the country).  Plaintiff brought claims of negligence, premises liability, negligent hiring, supervision, and retention, negligent security, assault, battery, negligent infliction of emotional distress, and intentional infliction of emotional distress. Plaintiff sought compensatory damages in excess of $5,000,000, as well as punitive damages.

Plaintiff’s overarching theory of liability against Sigma Alpha Mu Fraternity, Inc., SAM USC Housing, LLC, SAM Property Management, LLC, and SAM National Properties, LLC was that they were each directly negligent because they had knowledge that the Mu Theta Chapter had previously been placed on probation for unrelated disciplinary issues but, despite such knowledge, failed to institute the appropriate safeguards or take the necessary corrective measures to ensure that the Mu Theta Chapter did not host social events that violated fraternity rules and regulations.  Plaintiff alleged that each of these entities had a duty to control and/or supervise the Mu Theta Chapter and its members, and they each breached this duty when they collectively allowed, and did not stop Mu Theta from hosting the fraternity party at issue.  Plaintiff also asserted that each of the fraternity defendants were the alter egos of one another and, thus, each should be vicariously liable for the acts and omissions of the others.

After extensive discovery was conducted, but before Plaintiff or her alleged assailant were ever deposed, Sigma Alpha Mu Fraternity, Inc., SAM USC Housing, LLC, SAM Property Management, LLC, and SAM National Properties, LLC, each filed a motion for summary judgment. Each fraternal entity argued that it did not owe Plaintiff any duty of care and there was no evidence to support Plaintiff’s theory that all the defendants were the alter egos of each other. The motions relied heavily on Barenborg v. Sigma Alpha Epsilon Fraternity, 33 Cal.App.5th 70 (2019), where the California Court of Appeal held that national fraternal organizations do not owe injured third parties any duty of care because they do not possess the requisite special relationship with their local chapters or their chapter members.  Ultimately, the Court issued two extremely thorough rulings granting the motions in full. The Court fully adopted the Barenborg court’s holding as to the duty issue, and completely rejected Plaintiff’s alter ego theory.

The Court’s ruling in this case is believed to be the first trial court ruling in California granting summary judgment to a national fraternity and other fraternity-related entities where a plaintiff had sought liability under the alter ego theory.

Sigma Alpha Mu Fraternity, Inc., SAM USC Housing, LLC, SAM Property Management, LLC, and SAM National Properties, LLC, were all represented by Patrick Ball, Mary Childs, and Ida Farahmand of Yoka Smith, LLC, in Los Angeles and Irvine, California.