John Chiv: Rapist Darrius Upshaw, Chi Phi and California State University sued by former HSU student and Chi Phi member

Nov 12, 2021

Rapist Darrius Upshaw, Chi Phi and California State University sued by former HSU student and Chi Phi member

One of the John Does, who moved out of state after being sexually assaulted by rapist Darrius Upshaw, is suing Upshaw, Chi Phi fratenity and the California State University.

Both John Does and Upshaw were members of Chi Phi and students at HSU.

Sebastin Lin, chose to use his name in the civil filing. He is now in Georgia. Lin is represented by Yitz E. Weiss.

The case is a civil unlimited. There is a case management conference scheduled this afternoon in front of Judge Kelly Neel who presided over Upshaw's criminal trial.

I covered the Upshaw case and jury trial. The recent and trial coverage posts are just some of the posts on this case. Upshaw was sentenced to 10 years in prison.

The CMC was continued to March 14, 2022.

1/6/22: Checked to see what was going on with the case.

1/10/22:

3/14: CMC continued to 5/13.

5/13: 7/1 date vacated. CMC on 8/12. After this,unless something substantial happens, I amnot doing regular updates.

8/12: Checked for minutes a few times. No minutes as of 8/17. A 8/22 hearing was continued by stipulation and rescheduled for Sept 2. A demurrer is scheduled for 9/9.

9/2: Hearing on first amended complaint not on calendar and nothing in e court to indicate why. CMC and demurrer on 9/9.

9/9/23: Demurrer + CMC + hearing on motion for sanctions continued to 10/28/23.

10/28/23: Demurrer sustained by Judge Timothy Canning without leave to amend as to Count 3 and 4

1/27/23: Hearing continued to 6/2/23. Cross complaint filed by Epsilon Zeta Chapter of Chi Phi Fraternity

7/10/23: Motion to compel further responses

5/1/24: Settlement conference, no settlement on that date

7/12/24: Several motions to quash granted.

7/15/24: Jury Trial continued no judge; no courtroom available

11/15/24: Lin's attorney requests one week continuance; says he is waiting on signed paperwork for settlement.