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1 MESSNER REEVES LLP
Patrick R. Ball (SBN 249844)
2 Idin Kashefipour (SBN 280402)
650 Town Center Drive, Suite 700
3 Costa Mesa, California 92626
Telephone: (949) 612-9128
4 Facsimile: (949) 438-2304
Email: pball@messner.com
5 ikashefipour@messner.com
6 Attorneys for Defendant MOISES TENORIO
GARCIA
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
12 ALEXANDER BELETSIS, and YVONNE DEFENDANT MOISES TENORIO
RAINEY, surviving parent of ALEXANDER GARCIA’S APPLICATION FOR GOOD
13 BELETSIS, deceased, FAITH SETTLEMENT
DETERMINATION; MEMORANDUM OF
14 Plaintiffs, POINTS AND AUTHORITIES;
DECLARATION OF IDIN
15 v. KASHEFIPOUR
16 THETA CHI FRATERNITY, INC., a New The Hon. Paul Marigonda, Dept. 10
York corporation, individually, as a member of
17 and t/a the Theta Iota Chapter, University of Action Filed: October 31, 2019
California, Santa Cruz, as a member of the Trial Date: June 20, 2022
18 fraternal order known as Theta Chi Fraternity,
and as an alter-ego and successor entity of the
19 Theta Iota Chapter of Theta Chi Fraternity;
THETA IOTA CHAPTER OF THETA CHI
20 FRATERNITY, individually, and as an agent
and alter-ego of Theta Chi Fraternity, Inc.;
21 CHRISTOPHER GUEVARA, individually,
and as an agent/member of Theta Chi
22 Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; BRAD VISACKI,
23 individually, and as an agent/member of Theta
Chi Fraternity, Inc. and Theta Iota Chapter of
24 Theta Chi Fraternity; JORDAN KEIICHI
TAKAYAMA, individually, and as an
25 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
26 Fraternity; ZACHARY NASH DAVIS,
individually, and as an agent/member of Theta
27 Chi Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; NAJPREET SINGH
28 KAHLON, individually, and as an
{06248598 / 1}
DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
2 Fraternity; STEFAN MATIAS LEON,
individually, and as an agent/member of Theta
3 Chi Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; MOISES FRANCISCO
4 TENORIO GARCIA, individually, and as an
agent/member of Theta Chi Fraternity, Inc.
5 and Theta Iota Chapter of Theta Chi
Fraternity; RAFAEL GARCIA, individually,
6 and as an agent/member of Theta Chi
Fraternity, Inc. and Theta Iota Chapter of
7 Theta Chi Fraternity; EMMANUEL
THOMAS, individually, and as an
8 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
9 Fraternity; BOBBY KAKRI, individually, and
as an agent/member of Theta Chi Fraternity,
10 Inc. and Theta Iota Chapter of Theta Chi
Fraternity; DEREK KING, individually, and
11 as an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
12 Fraternity; JOHN DYLAN LEITCH,
individually, and as an agent/member of Theta
13 Chi Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; QUINN
14 MCGLAUGHLIN, individually and as Trustee
of the QUINN M. MCGLAUGHLIN LIVING
15 TRUST, 117 Pasture Rd., Santa Cruz, CA
95060; and JOHN DOES 1 through 10,
16 inclusive, individually, and as agents/members
of Theta Chi Fraternity, Inc. and Theta Iota
17 Chapter of Theta Chi Fraternity,
18 Defendants.
19
20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
21 PLEASE TAKE NOTICE that Defendant, MOISES TENORIO GARCIA (hereafter
22 “Moving Defendant”), hereby submits and applies to this Court, in accordance with the provisions
23 of California Code of Civil Procedure section 877.6 for a determination that the settlement
24 between Defendant Garcia on the one hand and Plaintiffs, DAPHNE BELETSIS individually and
25 as the Administrator of the Estate of ALEXANDER BELETSIS and YVONNE RAINEY
26 (hereinafter Plaintiffs), on the other hand was made in good faith.
27 Said Application is made pursuant to Code of Civil Procedure section 877.6(a)(2) and on
28 the grounds that Defendant Garcia has entered into a settlement with Plaintiffs, DAPHNE
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 BELETSIS individually and as the Administrator of the Estate of ALEXANDER BELETSIS and
2 YVONNE RAINEY, in good faith and that said good faith settlement bars other joint tortfeasors
3 or co-obligors from bringing any further claims against Defendant Garcia for equitable
4 comparative contribution or partial or comparative indemnity, based on comparative negligence or
5 comparative fault.
6 This Application is based upon Code of Civil procedure Section 877.6., the Notice of
7 Settlement filed concurrently herewith, the Declaration of Idin Kashefipour along with exhibits
8 attached thereto, Stipulation of signed by all parties that the settlement is in good faith, all
9 documents already on file with the Court, and upon such further and oral documentary evidence as
10 may be presented at the hearing on the Application, if one should be required.
11 DATED: April 15, 2022 MESSNER REEVES LLP
12
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14 Patrick R. Ball
Idin Kashefipour
15 Attorneys for Defendant MOISES TENORIO
16 GARCIA
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3
Plaintiffs filed a First Amended Complaint on February 5, 2020 for Wrongful Death and
4
Survival Action against THETA CHI FRATERNITY, INC., individually, as a member of the
5
Theta Iota Chapter, University of California, Santa Cruz, as a member of the fraternal order known
6
as Theta Chi Fraternity, and as an alter-ego and successor entity of the Theta Iota Chapter of Theta
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Chi Fraternity; THETA IOTA CHAPTER OF THE THETA CHI FRATERNITY, individually,
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and as an agent and alter-ego of Theta Chi Fraternity, Inc.; CHRISTOPHER GUEVARA, BRAD
9
VISACKI, JORDAN KEIICHI TAKAYAMA, ZACHARY NASH DAVIS, NAJPREET SINGH
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KAHLON, STEFAN MATIAS LEON, MOISES FRANCISCO TENORIO GARCIA,
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EMMANUEL THOMAS, BOBBY KARKI, JOHN DYLAN LEITCH, DEREK KING,
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individually and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta
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Chi Fraternity; and QUINN MCLAUGHLIN individually and as Trustee of the QUINN M.
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MCLAUGHLIN LIVING TRUST, 117 Pasture Rd., Santa Cruz, CA 94060; and Does 1 through
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10 (hereinafter Defendants) arising out of the death of Alexander Beletsis, who died on June 20,
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2018.
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Plaintiffs and Defendant MOISES TENORIO GARCIA have agreed to resolve all claims
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that Plaintiffs have made against MOISES TENORIO GARCIA. The terms of the Settlement are
19
set forth in a Stipulation for Dismissal for Waiver of Costs (hereinafter Stipulation). The terms of
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the settlement with Defendant MOISES TENORIO GARCIA, includes a provision that the
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Settlement is contingent upon a finding by this Court that the Settlement is in “good faith” within
22
the meaning of Code of Civil Procedure sections 877 and 877.6 and the requirements of Tech-Bilt,
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Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488. [See Declaration of Idin Kashefipour
24
(“Kashefipour Dec” ¶ 5 and Exhibit A), and Stipulation that the settlement between Plaintiffs on
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the one hand and Defendant Garcia on the other hand were made in good faith (Kashefipour Dec ¶
26
6 and Exhibit B.]
27
II. SETTLING PARTIES
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 The settling parties are Plaintiffs, DAPHNE BELETSIS individually and as Administrator
2 of the Estate of ALEXANDER BELETSIS, and YVONNE RAINEY on the one hand, and
3 Defendant MOISES TENORIO GARCIA, on the other hand.
4 III. TERMS OF SETTLEMENT
5
Following the court’s order granting the Motion for Summary Judgment of Defendant
6
Najpreet Kahlon wherein this Court determined that fraternity member and officer of the Chapter
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defendant Najpreet Kahlon did not breach any duty of care to Alexander Beletsis, Plaintiffs and
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Defendant MOISES TENORIO GARCIA entered into an agreement that Defendant Garcia would
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provide a written affidavit stating his knowledge of the events surrounding the death of Mr.
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Beletsis and a waiver costs in return for a dismissal, with prejudice and a determination by the
11
Court that the settlement was in good faith. [See Kashefipour Dec ¶ 5 and Exhibit A which fully
12
sets forth the terms of the agreement.]
13
IV. AMOUNT OF SETTLEMENT
14
15 Defendant Garcia has agreed to waive costs and has provided a written affidavit containing
16 his recollection of the events surround the death of Mr. Beletsis in consideration for his dismissal
17 from the action with prejudice. This settlement is a fair and reasonable consideration for the
18 compromise, release and waiver of claims stated herein. There is no remaining insurance
19 coverage available to Defendant Garcia as said limits have eroded and are now exhausted.
20 V. LIST OF PARTIES
21
The following is a list of all parties to this action: Theta Chi Fraternity, Inc, individually,
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as a member of the Theta Iota Chapter, University of California, Santa Cruz, as a member of the
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fraternal order known as Theta Chi Fraternity, and as an alter-ego and successor entity of the
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Theta Iota Chapter of Theta Chi Fraternity; Theta Iota Chapter of the Theta Chi Fraternity,
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individually, and as an agent and alter-ego of Theta Chi Fraternity, Inc.; Christopher Guevara,
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Brad Visacki, Jordan Keiichi Takayama, Zachary Nash Davis, Najpreet Singh Kahlon, Stefan
27
Matias Leon, Moises Francisco Tenorio Garcia, Emmanuel Thomas, Bobby Karki, John Dylan
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 Leitch, Derek King, individually and as agents/ members of Theta Chi Fraternity, Inc. and Theta
2 Iota Chapter of Theta Chi Fraternity, and Quinn McLaughlin individually and as Trustee of the
3 Quinn M. McLaughlin Living Trust, 117 Pasture Rd., Santa Cruz, CA 94060.
4 VI. PLEADINGS AFFECTED BY SETTLEMENT
5
The First Amended Complaint was filed February 5, 2020.
6
7 VII. THE COURT HAS AUTHORITY TO MAKE A DETERMINATION
OF GOOD FAITH SETTLEMENT
8
9 California Code of Civil Procedure section 877.6 provides the mechanism whereby the
10 Court may approve a settlement entered into by a party and one of the two or more alleged
11 tortfeasors:
12 (a)(1) Any party to an action in which it is alleged that two or more parties are
joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on
13 the issue of the good faith of a settlement entered into by the plaintiff or other
claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in
14 the manner provided in subdivision (b) of Section 1005.
15 (b) The issue of the good faith of a settlement may be determined by the court on
the basis of affidavits served with the notice of hearing, and any counter affidavits
16 filed in response, or the court may, in its discretion, receive other evidence at the
hearing.
17
(c) A determination by the court that the settlement was made in good faith shall
18 bar any other joint tortfeasor or co-obligor from any further claims against the
settling tortfeasor or co-obligor for equitable comparative contribution, or partial or
19 comparative indemnity, based on comparative negligence or comparative fault.
20 As demonstrated herein, because the settlement satisfies the requirements of a good faith
21 settlement under Code of Civil Procedure Section 877.6, the Court should approve the Settlement,
22 find it to be in good faith and issue its order barring all claims for equitable indemnity or
23 contribution.
24 VIII. THE SETTLEMENT AGREEMENT WAS MADE IN GOOD FAITH.
A. The Tech-Bilt Standard
25
26 In assessing whether a settlement was entered into in good faith, the Court must evaluate
27 whether the settlement was grossly disproportionate to what a reasonable person at the time of
28 settlement estimates the settling party’s potential liability. (Tech-Bilt, Inc. v. Woodward-Clyde &
{06248598 / 1} 6
DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 Associates (1985) 38 Cal.3d 488, 499-500). The Court must determine whether the amount paid
2 in settlement is “within the reasonable range of the settling tortfeasor’s proportional share of
3 comparative liability for the plaintiffs’ injuries. (Id.) In Tech-Bilt, the court set forth various
4 factors a trial court should consider in making the determination that a settlement was entered into
5 in good faith. The Tech-Bilt Court stated:
6 [T]he intent and policies underlying [C.C.P.] section 877.6 require that a number of factors
7 be taken into account including a rough approximation of plaintiffs’ total recovery and the settlor’s
8 proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among
9 plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were
10 found liable after trial. Other relevant considerations include financial conditions and insurance
11 policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct
12 aimed to injure the interests of nonsettling defendants. (Id.)
13 Courts address these factors “on the basis of the information available at the time of
14 settlement.” (Id.) Any party asserting lack of good faith has the burden of proof on that issue and
15 must establish the settlement is far “out of the ballpark” in relation to these factors as to be
16 inconsistent with the equitable objectives of C.C.P. §§ 877 and 877.6. (Id.).
17 The Tech-Bilt factors are considered only when the good faith determination is opposed.
18 “that is to say, when no one objects, the barebones motion which sets forth the ground of good
19 faith settlement, accompanied by a declaration which sets forth a brief background of the case is
20 sufficient.” (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261). Here,
21 if no objection is filed, the application should be granted as a matter of law without further
22 consideration of the Tech-Bilt factors. But even if this Application is challenged, the Tech-Bilt
23 factors mandate the conclusion that the settlement was made in good faith.
24 Applying the Tech-Bilt factors here, it is clear that Plaintiffs’ dismissal of Defendant
25 Garcia in exchange for an affidavit and waiver of costs was in good faith especially in light of the
26 Court’s ruling on Defendant Kahlon’s Motion for Summary Judgment. Moreover, all remaining
27 parties have stipulated that the settlements were made in good faith [See Exhibit B to Kashefipour
28 Dec ¶ 6.]
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 B. Defendants’ Potential Liability v. Plaintiffs’ Approximate
Damages
2
3 This lawsuit involves a tragic accident where Alexander Beletsis met an early death after a
4 night of drinking and using drugs. Beletsis entered the bathroom on the second floor of a home
5 shared by various individuals. No one knows how or why Beletsis ended up on the ground below,
6 where he suffered serious injuries of which he later succumbed.
7 Najpreet Kahlon, also a fraternity member, previously filed a Motion for Summary
8 Judgment claiming, amongst other things, that he owed no duty to Alexander Beletsis. The Court
9 granted said Motion on January 6, 2022, ordering that as a matter of law Kahlon did not owe
10 Beletsis a duty. Defendant Garcia could likewise expect a similar ruling on his motion for
11 summary judgment. In light of same, the Defendant Garcia reached this settlement with Plaintiffs.
12 C. A Settlor Should Pay Less in Settlement
13
Following review and assessment of the applicable facts of this case, Defendant Garcia and
14
Plaintiffs made the decision to resolve the case. Given the lack of liability on the part of
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Defendant Garcia and the lack of any insurance coverage remaining to fund a settlement, an
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agreement was reached that Defendant Garcia would provide a written affidavit regarding his
17
recollection of the events surrounding the incident and waive costs in return for a dismissal with
18
prejudice.
19
D. The Settlement Reached was the Result of Arm’s Length
20 Negotiations
21
The settlement negotiations between the settling parties were made in good faith. The
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settlement agreement was reached with honest and lawful intent, clear view of the lack of liability
23
of Defendant Garcia, and does not contain any terms, conditions or promises aimed to injure the
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interests of the non-settling defendants. Furthermore, there was no collusion, fraud or tortious
25
conduct aimed to injure the interests of the remaining defendants. All negotiations were made at
26
arm’s length in an effort to reach this early settlement between Plaintiffs and Defendant Garcia.
27
IX. CONCLUSION
28
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 For the foregoing reasons, Defendant Garcia respectfully request this Court determine that
2 the settlement between MOISES TENORIO GARCIA on the one hand, and Plaintiffs DAPHNE
3 BELETSIS, individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS,
4 and YVONNE RAINEY on the other hand, was reached in good faith and bars any present or
5 future claims against Defendant Garcia based on equitable comparative contribution or partial or
6 comparative indemnity, based on comparative negligence or comparative fault.
7
8 DATED: April 19, 2022 MESSNER REEVES LLP
9
10
11 Patrick R. Ball
Idin Kashefipour
12 Attorneys for Defendant MOISES TENORIO
13 GARCIA
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 DECLARATION OF IDIN KASHEFIPOUR
2 I, Idin Kashefipour, declare and state as follows:
3 1. I am an attorney at law licensed to practice before all courts of the State of
4 California. I am an associate at Messner Reeves LLP, attorneys of record for Defendant MOISES
5 TENORIO GARCIA.
6 2. I am over the age of eighteen and have personal knowledge of the facts set forth
7 herein and, if called as a witness, I could and would testify competently as to them. I make this
8 declaration in support of DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR
9 GOOD FAITH SETTLEMENT DETERMINATION.
10 3. I submit this declaration in support of the Application by defendant MOISES
11 TENORIO GARCIA pursuant to Code of Civil Procedure Section 877.6(a)(2) for a judicial
12 determination of the good faith of this settlement with Plaintiffs DAPHNE BELETSIS,
13 individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and YVONNE
14 RAINEY, surviving parents of ALEXANDER BELETSIS, deceased (hereinafter “Plaintiffs”), and
15 for an order barring and forever discharging any existing and/or future claims against MOISES
16 TENORIO GARCIA for indemnity and/or contribution which are based upon comparative
17 negligence or fault.
18 4. On or about February 5, 2020, Plaintiffs filed a First Amended Complaint for
19 Wrongful Death and Survival Action against Theta Chi Fraternity, Inc, individually, as a member
20 of the Theta Iota chapter, University of California, Santa Cruz, as a member of the fraternal order
21 known as Theta Chi Fraternity, and as an alter-ego and successor entity of the Theta Iota Chapter
22 of Theta Chi Fraternity; Theta Iota Chapter of the Theta Chi Fraternity, individually, and as an
23 agent and alter-ego of Theta Chi Fraternity, Inc.; Christopher Guevara, Brad Visacki, Jordan
24 Keiichi Takayama, Zachary Nash Davis, Najpreet Singh Kahlon, Stefan Matias Leon, Moises
25 Francisco Tenorio Garcia, Emmanuel Thomas, Bobby Karki, John Dylan Leitch, Derek King,
26 individually and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta
27 Chi Fraternity, and Quinn McLaughlin individually and as Trustee of the Quinn M. McLaughlin
28
{06248598 / 1} 10
DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 Living Trust, 117 Pasture Rd., Santa Cruz, CA 94060; and Does 1 through 10 (hereinafter
2 Defendants) arising out of the death of Alexander Beletsis, who died on June 20, 2018.
3 5. Defendant MOISES TENORIO GARCIA (hereafter Moises Garcia) asserts that he
4 has no liability in this case.
5 6. Following the Court’s granting of the Motion for Summary Judgment of fraternity
6 officer and defendant Najpreet Kahlon, I reached out to counsel for the Plaintiffs to discuss a
7 resolution of the case.
8 7. Defendant Moises Garcia was a member of the fraternity at the time of Alexander
9 Beletsis’ untimely death, and served as Marshall, an officer position responsible for the training of
10 pledges to the fraternity. Mr. Garcia had no responsibilities or control over members of the
11 fraternity like Mr. Beletsis. Additionally, Mr. Garcia was not present at the time of the incident
12 wherein Mr. Beletsis suffered his injuries. In other words, Mr. Garcia is in a stronger position
13 than Najpreet Kahlon and based on the Court granting Kahlon’s Motion for Summary Judgment,
14 the likelihood of a similar ruling on Moises Garcias’ Motions for Summary Judgment was
15 appreciated by plaintiffs and their counsel. The parties entered into a written stipulation wherein
16 Moises Garcia agreed to waive costs in return for a dismissal with prejudice, amongst other things.
17 Attached hereto as Exhibit A is a true and correct copy of the stipulation entered into between
18 Plaintiffs’ counsel and counsel for Moises Garcia.
19 8. After reaching the Agreement with plaintiffs’ counsel, this declarant reached out to
20 counsel for all remaining parties and secured their agreement that the settlement between Moises
21 Garcai on the one hand and Plaintiffs on the other hand was reached in good faith. Attached as
22 Exhibit B is a true and correct copy of the Stipulation that the settlement was made in good faith.
23 9. The settlement was in no way aimed at injuring the interests of the remaining
24 parties to this action.
25 ///
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27 ///
28 ///
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct.
3 Executed on this 19th day of April, 2022, at Costa Mesa, California.
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Idin Kashefipour
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DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT
DETERMINATION
EXHIBIT A
1 MESSNER REEVES LLP
Patrick Ball (CA SBN 249844)
2 Idin Kashefipour (CA SBN 280402)
650 Town Center Drive, Suite 700
3 Costa Mesa, California 92626
Telephone: (949) 612-9128
4 Facsimile: (310) 889-0896
5 pball@messner.com
ikashefipour@messner.com
6
7 Attorneys for Defendant
MOISES TENORIO GARCIA
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA CRUZ
11
12 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
13 ALEXANDER BELETSIS, and YVONNE Assigned to Dept. 10 – Hon. Paul Marigonda
RAINEY, surviving parent of ALEXANDER
14 BELETSIS, deceased, STIPULATION TO DISMISS MOISES
TENORIO GARCIA WITH PREJUDICE
15
Plaintiffs,
16 Action Filed: October 31, 2019
v.
FAC Filed: February 5, 2020
17
Trial Date: June 20, 2022
THETA CHI FRATERNITY, INC., a New
18 York corporation, individually, as a member of
and t/a the Theta Iota Chapter, University of
19
California, Santa Cruz, as a member of the
20 fraternal order known as Theta Chi Fraternity,
and as an alter-ego and successor entity of the
21 Theta Iota Chapter of Theta Chi Fraternity;
THETA IOTA CHAPTER OF THETA CHI
22 FRATERNITY, individually, and as an agent
and alter-ego of Theta Chi Fraternity, Inc.;
23
CHRISTOPHER GUEVARA, individually,
24 and as an agent/member of Theta Chi
Fraternity, Inc. and Theta Iota Chapter of
25 Theta Chi Fraternity; BRAD VISACKI,
individually, and as an agent/member of Theta
26 Chi Fraternity, Inc. and Theta Iota Chapter of
27 Theta Chi Fraternity; JORDAN KEIICHI
TAKAYAMA, individually, and as an
28 agent/member of Theta Chi Fraternity, Inc.
1
STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE
1 and Theta Iota Chapter of Theta Chi
Fraternity; ZACHARY NASH DAVIS,
2 individually, and as an agent/member of Theta
Chi Fraternity, Inc. and Theta Iota Chapter of
3
Theta Chi Fraternity; NAJPREET SINGH
4 KAHLON, individually, and as an
agent/member of Theta Chi Fraternity, Inc.
5 and Theta Iota Chapter of Theta Chi
Fraternity; STEFAN MATIAS LEON,
6 individually, and as an agent/member of Theta
Chi Fraternity, Inc. and Theta Iota Chapter of
7
Theta Chi Fraternity; MOISES FRANCISCO
8 TENORIO GARCIA, individually, and as an
agent/member of Theta Chi Fraternity, Inc.
9 and Theta Iota Chapter of Theta Chi
Fraternity; RAFAEL GARCIA, individually,
10 and as an agent/member of Theta Chi
11 Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; EMMANUEL
12 THOMAS, individually, and as an
agent/member of Theta Chi Fraternity, Inc.
13 and Theta Iota Chapter of Theta Chi
Fraternity; BOBBY KAKRI, individually, and
14 as an agent/member of Theta Chi Fraternity,
15 Inc. and Theta Iota Chapter of Theta Chi
Fraternity; DEREK KING, individually, and
16 as an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
17 Fraternity; JOHN DYLAN LEITCH,
individually, and as an agent/member of Theta
18 Chi Fraternity, Inc. and Theta Iota Chapter of
19 Theta Chi Fraternity; QUINN
MCGLAUGHLIN, individually and as Trustee
20 of the QUINN M. MCGLAUGHLIN LIVING
TRUST, 117 Pasture Rd., Santa Cruz, CA
21 95060; and JOHN DOES 1 through 10,
inclusive, individually, and as agents/members
22
of Theta Chi Fraternity, Inc. and Theta Iota
23 Chapter of Theta Chi Fraternity,
24 Defendants.
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2
STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE
1 IT IS HEREBY STIPULATED by and between Plaintiffs DAPHNE BELETSIS,
2 individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and YVONNE
3 RAINEY, surviving parent of ALEXANDER BELETSIS, deceased (collectively,
4 “PLAINTIFFS”) and Defendant MOISES TENORIO GARCIA (“DEFENDANT”), by and
5 through their respective attorneys of record, as follows:
6 WHEREFORE PLAINTIFFS filed a First Amended Complaint (“FAC”) for Wrongful
7 Death and Survival Action based on 1) Negligence (Failure to Manage and Supervise); 2)
8 Negligence; 3) Negligent Undertaking; 4) Negligence (Assumed Duties); 5) Negligence (Duty to
9 Prevent Harm); 6) Social Host Liability for Furnishing Alcohol to Person Under 21 Years of Age;
10 and 7) Premises Liability, naming, amongst others, Moises Tenorio Garcia as a Defendant.
11 WHEREFORE DEFENDANT filed an answer to the FAC generally denying the
12 allegations contained therein and setting forth affirmative defenses.
13 WHEREFORE PLAINTIFFS on the one hand and DEFENDANT on the other wish to
14 resolve the case as to DEFENDANT for a dismissal, with prejudice, by PLAINTIFFS as to
15 DEFENDANT in return for a waiver of costs.
16 WHEREFORE counsel for DEFENDANT agrees that counsel will provide a declaration
17 regarding Moises Tenorio Garcia’s observations relating to his experience as a member of
18 Theta Chi and the incident.
19 WHEREFORE counsel for DEFENDANT agrees to act as agent for service of process for
20 DEFENDANT for a trial subpoena via Zoom or some other similar platform if requested by
21 PLAINTIFFS’ counsel, subject to advance notice and reasonable scheduling between the parties.
22
23 THEREFORE, counsel for the PLAINTIFFS on the one hand and counsel for
24 DEFENDANT on the other hand stipulate PLAINTIFFS will dismiss, with prejudice, their FAC as
25 to the above-identified DEFENDANT only, subject to DEFENDANT waiving costs.
26 WHEREFORE PLAINTIFFS and DEFENDANT agree that this settlement for a dismissal,
27 with prejudice, of DEFENDANT in exchange for a waiver of costs is in good faith pursuant to
28 Code of Civil Procedure sections 877 and 877.6, and the factors set forth in Tech-Bilt, Inc. v.
3
STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE
1 Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488.
2 IT IS SO STIPULATED:
3
4 DATED: March 4, 2022
___________________ MESSNER REEVES LLP
5
6
7 Patrick R. Ball
Idin Kashefipour
8 Attorneys for Defendant
9 MOISES TENORIO GARCIA
10
11 DATED: March 8, 2022
___________________ THE FIERBERG NATIONAL LAW GROUP
12
13
14 Douglas E. Fierberg
Attorneys for Plaintiffs DAPHNE BELETSIS,
15 individually and as Administrator of the
ESTATE OF ALEXANDER BELETSIS, and
16
YVONNE BELETSIS, surviving parent of
17 ALEXANDER BELETSIS, deceased
18 DATED: March 8, 2022
___________________ SAWYER & LABAR, LLP
19
20
21 Ivo Labar
Attorneys for Plaintiffs DAPHNE BELETSIS,
22 individually and as Administrator of the
23 ESTATE OF ALEXANDER BELETSIS, and
YVONNE BELETSIS, surviving parent of
24 ALEXANDER BELETSIS, deceased
25
26
27
28
4
STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE
EXHIBIT
Preview
1 MESSNER REEVES LLP Patrick R. Ball (SBN 249844) 2 Idin Kashefipour (SBN 280402) 650 Town Center Drive, Suite 700 3 Costa Mesa, California 92626 Telephone: (949) 612-9128 4 Facsimile: (949) 438-2304 Email: pball@messner.com 5 ikashefipour@messner.com 6 Attorneys for Defendant MOISES TENORIO GARCIA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 12 ALEXANDER BELETSIS, and YVONNE DEFENDANT MOISES TENORIO RAINEY, surviving parent of ALEXANDER GARCIA’S APPLICATION FOR GOOD 13 BELETSIS, deceased, FAITH SETTLEMENT DETERMINATION; MEMORANDUM OF 14 Plaintiffs, POINTS AND AUTHORITIES; DECLARATION OF IDIN 15 v. KASHEFIPOUR 16 THETA CHI FRATERNITY, INC., a New The Hon. Paul Marigonda, Dept. 10 York corporation, individually, as a member of 17 and t/a the Theta Iota Chapter, University of Action Filed: October 31, 2019 California, Santa Cruz, as a member of the Trial Date: June 20, 2022 18 fraternal order known as Theta Chi Fraternity, and as an alter-ego and successor entity of the 19 Theta Iota Chapter of Theta Chi Fraternity; THETA IOTA CHAPTER OF THETA CHI 20 FRATERNITY, individually, and as an agent and alter-ego of Theta Chi Fraternity, Inc.; 21 CHRISTOPHER GUEVARA, individually, and as an agent/member of Theta Chi 22 Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; BRAD VISACKI, 23 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 24 Theta Chi Fraternity; JORDAN KEIICHI TAKAYAMA, individually, and as an 25 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 26 Fraternity; ZACHARY NASH DAVIS, individually, and as an agent/member of Theta 27 Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; NAJPREET SINGH 28 KAHLON, individually, and as an {06248598 / 1} DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 2 Fraternity; STEFAN MATIAS LEON, individually, and as an agent/member of Theta 3 Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; MOISES FRANCISCO 4 TENORIO GARCIA, individually, and as an agent/member of Theta Chi Fraternity, Inc. 5 and Theta Iota Chapter of Theta Chi Fraternity; RAFAEL GARCIA, individually, 6 and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 7 Theta Chi Fraternity; EMMANUEL THOMAS, individually, and as an 8 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 9 Fraternity; BOBBY KAKRI, individually, and as an agent/member of Theta Chi Fraternity, 10 Inc. and Theta Iota Chapter of Theta Chi Fraternity; DEREK KING, individually, and 11 as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 12 Fraternity; JOHN DYLAN LEITCH, individually, and as an agent/member of Theta 13 Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; QUINN 14 MCGLAUGHLIN, individually and as Trustee of the QUINN M. MCGLAUGHLIN LIVING 15 TRUST, 117 Pasture Rd., Santa Cruz, CA 95060; and JOHN DOES 1 through 10, 16 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota 17 Chapter of Theta Chi Fraternity, 18 Defendants. 19 20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD 21 PLEASE TAKE NOTICE that Defendant, MOISES TENORIO GARCIA (hereafter 22 “Moving Defendant”), hereby submits and applies to this Court, in accordance with the provisions 23 of California Code of Civil Procedure section 877.6 for a determination that the settlement 24 between Defendant Garcia on the one hand and Plaintiffs, DAPHNE BELETSIS individually and 25 as the Administrator of the Estate of ALEXANDER BELETSIS and YVONNE RAINEY 26 (hereinafter Plaintiffs), on the other hand was made in good faith. 27 Said Application is made pursuant to Code of Civil Procedure section 877.6(a)(2) and on 28 the grounds that Defendant Garcia has entered into a settlement with Plaintiffs, DAPHNE {06248598 / 1} 2 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 BELETSIS individually and as the Administrator of the Estate of ALEXANDER BELETSIS and 2 YVONNE RAINEY, in good faith and that said good faith settlement bars other joint tortfeasors 3 or co-obligors from bringing any further claims against Defendant Garcia for equitable 4 comparative contribution or partial or comparative indemnity, based on comparative negligence or 5 comparative fault. 6 This Application is based upon Code of Civil procedure Section 877.6., the Notice of 7 Settlement filed concurrently herewith, the Declaration of Idin Kashefipour along with exhibits 8 attached thereto, Stipulation of signed by all parties that the settlement is in good faith, all 9 documents already on file with the Court, and upon such further and oral documentary evidence as 10 may be presented at the hearing on the Application, if one should be required. 11 DATED: April 15, 2022 MESSNER REEVES LLP 12 13 14 Patrick R. Ball Idin Kashefipour 15 Attorneys for Defendant MOISES TENORIO 16 GARCIA 17 18 19 20 21 22 23 24 25 26 27 28 {06248598 / 1} 3 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 Plaintiffs filed a First Amended Complaint on February 5, 2020 for Wrongful Death and 4 Survival Action against THETA CHI FRATERNITY, INC., individually, as a member of the 5 Theta Iota Chapter, University of California, Santa Cruz, as a member of the fraternal order known 6 as Theta Chi Fraternity, and as an alter-ego and successor entity of the Theta Iota Chapter of Theta 7 Chi Fraternity; THETA IOTA CHAPTER OF THE THETA CHI FRATERNITY, individually, 8 and as an agent and alter-ego of Theta Chi Fraternity, Inc.; CHRISTOPHER GUEVARA, BRAD 9 VISACKI, JORDAN KEIICHI TAKAYAMA, ZACHARY NASH DAVIS, NAJPREET SINGH 10 KAHLON, STEFAN MATIAS LEON, MOISES FRANCISCO TENORIO GARCIA, 11 EMMANUEL THOMAS, BOBBY KARKI, JOHN DYLAN LEITCH, DEREK KING, 12 individually and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta 13 Chi Fraternity; and QUINN MCLAUGHLIN individually and as Trustee of the QUINN M. 14 MCLAUGHLIN LIVING TRUST, 117 Pasture Rd., Santa Cruz, CA 94060; and Does 1 through 15 10 (hereinafter Defendants) arising out of the death of Alexander Beletsis, who died on June 20, 16 2018. 17 Plaintiffs and Defendant MOISES TENORIO GARCIA have agreed to resolve all claims 18 that Plaintiffs have made against MOISES TENORIO GARCIA. The terms of the Settlement are 19 set forth in a Stipulation for Dismissal for Waiver of Costs (hereinafter Stipulation). The terms of 20 the settlement with Defendant MOISES TENORIO GARCIA, includes a provision that the 21 Settlement is contingent upon a finding by this Court that the Settlement is in “good faith” within 22 the meaning of Code of Civil Procedure sections 877 and 877.6 and the requirements of Tech-Bilt, 23 Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488. [See Declaration of Idin Kashefipour 24 (“Kashefipour Dec” ¶ 5 and Exhibit A), and Stipulation that the settlement between Plaintiffs on 25 the one hand and Defendant Garcia on the other hand were made in good faith (Kashefipour Dec ¶ 26 6 and Exhibit B.] 27 II. SETTLING PARTIES 28 {06248598 / 1} DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 The settling parties are Plaintiffs, DAPHNE BELETSIS individually and as Administrator 2 of the Estate of ALEXANDER BELETSIS, and YVONNE RAINEY on the one hand, and 3 Defendant MOISES TENORIO GARCIA, on the other hand. 4 III. TERMS OF SETTLEMENT 5 Following the court’s order granting the Motion for Summary Judgment of Defendant 6 Najpreet Kahlon wherein this Court determined that fraternity member and officer of the Chapter 7 defendant Najpreet Kahlon did not breach any duty of care to Alexander Beletsis, Plaintiffs and 8 Defendant MOISES TENORIO GARCIA entered into an agreement that Defendant Garcia would 9 provide a written affidavit stating his knowledge of the events surrounding the death of Mr. 10 Beletsis and a waiver costs in return for a dismissal, with prejudice and a determination by the 11 Court that the settlement was in good faith. [See Kashefipour Dec ¶ 5 and Exhibit A which fully 12 sets forth the terms of the agreement.] 13 IV. AMOUNT OF SETTLEMENT 14 15 Defendant Garcia has agreed to waive costs and has provided a written affidavit containing 16 his recollection of the events surround the death of Mr. Beletsis in consideration for his dismissal 17 from the action with prejudice. This settlement is a fair and reasonable consideration for the 18 compromise, release and waiver of claims stated herein. There is no remaining insurance 19 coverage available to Defendant Garcia as said limits have eroded and are now exhausted. 20 V. LIST OF PARTIES 21 The following is a list of all parties to this action: Theta Chi Fraternity, Inc, individually, 22 as a member of the Theta Iota Chapter, University of California, Santa Cruz, as a member of the 23 fraternal order known as Theta Chi Fraternity, and as an alter-ego and successor entity of the 24 Theta Iota Chapter of Theta Chi Fraternity; Theta Iota Chapter of the Theta Chi Fraternity, 25 individually, and as an agent and alter-ego of Theta Chi Fraternity, Inc.; Christopher Guevara, 26 Brad Visacki, Jordan Keiichi Takayama, Zachary Nash Davis, Najpreet Singh Kahlon, Stefan 27 Matias Leon, Moises Francisco Tenorio Garcia, Emmanuel Thomas, Bobby Karki, John Dylan 28 {06248598 / 1} 5 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 Leitch, Derek King, individually and as agents/ members of Theta Chi Fraternity, Inc. and Theta 2 Iota Chapter of Theta Chi Fraternity, and Quinn McLaughlin individually and as Trustee of the 3 Quinn M. McLaughlin Living Trust, 117 Pasture Rd., Santa Cruz, CA 94060. 4 VI. PLEADINGS AFFECTED BY SETTLEMENT 5 The First Amended Complaint was filed February 5, 2020. 6 7 VII. THE COURT HAS AUTHORITY TO MAKE A DETERMINATION OF GOOD FAITH SETTLEMENT 8 9 California Code of Civil Procedure section 877.6 provides the mechanism whereby the 10 Court may approve a settlement entered into by a party and one of the two or more alleged 11 tortfeasors: 12 (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on 13 the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in 14 the manner provided in subdivision (b) of Section 1005. 15 (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits 16 filed in response, or the court may, in its discretion, receive other evidence at the hearing. 17 (c) A determination by the court that the settlement was made in good faith shall 18 bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or 19 comparative indemnity, based on comparative negligence or comparative fault. 20 As demonstrated herein, because the settlement satisfies the requirements of a good faith 21 settlement under Code of Civil Procedure Section 877.6, the Court should approve the Settlement, 22 find it to be in good faith and issue its order barring all claims for equitable indemnity or 23 contribution. 24 VIII. THE SETTLEMENT AGREEMENT WAS MADE IN GOOD FAITH. A. The Tech-Bilt Standard 25 26 In assessing whether a settlement was entered into in good faith, the Court must evaluate 27 whether the settlement was grossly disproportionate to what a reasonable person at the time of 28 settlement estimates the settling party’s potential liability. (Tech-Bilt, Inc. v. Woodward-Clyde & {06248598 / 1} 6 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 Associates (1985) 38 Cal.3d 488, 499-500). The Court must determine whether the amount paid 2 in settlement is “within the reasonable range of the settling tortfeasor’s proportional share of 3 comparative liability for the plaintiffs’ injuries. (Id.) In Tech-Bilt, the court set forth various 4 factors a trial court should consider in making the determination that a settlement was entered into 5 in good faith. The Tech-Bilt Court stated: 6 [T]he intent and policies underlying [C.C.P.] section 877.6 require that a number of factors 7 be taken into account including a rough approximation of plaintiffs’ total recovery and the settlor’s 8 proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among 9 plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were 10 found liable after trial. Other relevant considerations include financial conditions and insurance 11 policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct 12 aimed to injure the interests of nonsettling defendants. (Id.) 13 Courts address these factors “on the basis of the information available at the time of 14 settlement.” (Id.) Any party asserting lack of good faith has the burden of proof on that issue and 15 must establish the settlement is far “out of the ballpark” in relation to these factors as to be 16 inconsistent with the equitable objectives of C.C.P. §§ 877 and 877.6. (Id.). 17 The Tech-Bilt factors are considered only when the good faith determination is opposed. 18 “that is to say, when no one objects, the barebones motion which sets forth the ground of good 19 faith settlement, accompanied by a declaration which sets forth a brief background of the case is 20 sufficient.” (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261). Here, 21 if no objection is filed, the application should be granted as a matter of law without further 22 consideration of the Tech-Bilt factors. But even if this Application is challenged, the Tech-Bilt 23 factors mandate the conclusion that the settlement was made in good faith. 24 Applying the Tech-Bilt factors here, it is clear that Plaintiffs’ dismissal of Defendant 25 Garcia in exchange for an affidavit and waiver of costs was in good faith especially in light of the 26 Court’s ruling on Defendant Kahlon’s Motion for Summary Judgment. Moreover, all remaining 27 parties have stipulated that the settlements were made in good faith [See Exhibit B to Kashefipour 28 Dec ¶ 6.] {06248598 / 1} 7 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 B. Defendants’ Potential Liability v. Plaintiffs’ Approximate Damages 2 3 This lawsuit involves a tragic accident where Alexander Beletsis met an early death after a 4 night of drinking and using drugs. Beletsis entered the bathroom on the second floor of a home 5 shared by various individuals. No one knows how or why Beletsis ended up on the ground below, 6 where he suffered serious injuries of which he later succumbed. 7 Najpreet Kahlon, also a fraternity member, previously filed a Motion for Summary 8 Judgment claiming, amongst other things, that he owed no duty to Alexander Beletsis. The Court 9 granted said Motion on January 6, 2022, ordering that as a matter of law Kahlon did not owe 10 Beletsis a duty. Defendant Garcia could likewise expect a similar ruling on his motion for 11 summary judgment. In light of same, the Defendant Garcia reached this settlement with Plaintiffs. 12 C. A Settlor Should Pay Less in Settlement 13 Following review and assessment of the applicable facts of this case, Defendant Garcia and 14 Plaintiffs made the decision to resolve the case. Given the lack of liability on the part of 15 Defendant Garcia and the lack of any insurance coverage remaining to fund a settlement, an 16 agreement was reached that Defendant Garcia would provide a written affidavit regarding his 17 recollection of the events surrounding the incident and waive costs in return for a dismissal with 18 prejudice. 19 D. The Settlement Reached was the Result of Arm’s Length 20 Negotiations 21 The settlement negotiations between the settling parties were made in good faith. The 22 settlement agreement was reached with honest and lawful intent, clear view of the lack of liability 23 of Defendant Garcia, and does not contain any terms, conditions or promises aimed to injure the 24 interests of the non-settling defendants. Furthermore, there was no collusion, fraud or tortious 25 conduct aimed to injure the interests of the remaining defendants. All negotiations were made at 26 arm’s length in an effort to reach this early settlement between Plaintiffs and Defendant Garcia. 27 IX. CONCLUSION 28 {06248598 / 1} 8 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 For the foregoing reasons, Defendant Garcia respectfully request this Court determine that 2 the settlement between MOISES TENORIO GARCIA on the one hand, and Plaintiffs DAPHNE 3 BELETSIS, individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, 4 and YVONNE RAINEY on the other hand, was reached in good faith and bars any present or 5 future claims against Defendant Garcia based on equitable comparative contribution or partial or 6 comparative indemnity, based on comparative negligence or comparative fault. 7 8 DATED: April 19, 2022 MESSNER REEVES LLP 9 10 11 Patrick R. Ball Idin Kashefipour 12 Attorneys for Defendant MOISES TENORIO 13 GARCIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {06248598 / 1} 9 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 DECLARATION OF IDIN KASHEFIPOUR 2 I, Idin Kashefipour, declare and state as follows: 3 1. I am an attorney at law licensed to practice before all courts of the State of 4 California. I am an associate at Messner Reeves LLP, attorneys of record for Defendant MOISES 5 TENORIO GARCIA. 6 2. I am over the age of eighteen and have personal knowledge of the facts set forth 7 herein and, if called as a witness, I could and would testify competently as to them. I make this 8 declaration in support of DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR 9 GOOD FAITH SETTLEMENT DETERMINATION. 10 3. I submit this declaration in support of the Application by defendant MOISES 11 TENORIO GARCIA pursuant to Code of Civil Procedure Section 877.6(a)(2) for a judicial 12 determination of the good faith of this settlement with Plaintiffs DAPHNE BELETSIS, 13 individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and YVONNE 14 RAINEY, surviving parents of ALEXANDER BELETSIS, deceased (hereinafter “Plaintiffs”), and 15 for an order barring and forever discharging any existing and/or future claims against MOISES 16 TENORIO GARCIA for indemnity and/or contribution which are based upon comparative 17 negligence or fault. 18 4. On or about February 5, 2020, Plaintiffs filed a First Amended Complaint for 19 Wrongful Death and Survival Action against Theta Chi Fraternity, Inc, individually, as a member 20 of the Theta Iota chapter, University of California, Santa Cruz, as a member of the fraternal order 21 known as Theta Chi Fraternity, and as an alter-ego and successor entity of the Theta Iota Chapter 22 of Theta Chi Fraternity; Theta Iota Chapter of the Theta Chi Fraternity, individually, and as an 23 agent and alter-ego of Theta Chi Fraternity, Inc.; Christopher Guevara, Brad Visacki, Jordan 24 Keiichi Takayama, Zachary Nash Davis, Najpreet Singh Kahlon, Stefan Matias Leon, Moises 25 Francisco Tenorio Garcia, Emmanuel Thomas, Bobby Karki, John Dylan Leitch, Derek King, 26 individually and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta 27 Chi Fraternity, and Quinn McLaughlin individually and as Trustee of the Quinn M. McLaughlin 28 {06248598 / 1} 10 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 Living Trust, 117 Pasture Rd., Santa Cruz, CA 94060; and Does 1 through 10 (hereinafter 2 Defendants) arising out of the death of Alexander Beletsis, who died on June 20, 2018. 3 5. Defendant MOISES TENORIO GARCIA (hereafter Moises Garcia) asserts that he 4 has no liability in this case. 5 6. Following the Court’s granting of the Motion for Summary Judgment of fraternity 6 officer and defendant Najpreet Kahlon, I reached out to counsel for the Plaintiffs to discuss a 7 resolution of the case. 8 7. Defendant Moises Garcia was a member of the fraternity at the time of Alexander 9 Beletsis’ untimely death, and served as Marshall, an officer position responsible for the training of 10 pledges to the fraternity. Mr. Garcia had no responsibilities or control over members of the 11 fraternity like Mr. Beletsis. Additionally, Mr. Garcia was not present at the time of the incident 12 wherein Mr. Beletsis suffered his injuries. In other words, Mr. Garcia is in a stronger position 13 than Najpreet Kahlon and based on the Court granting Kahlon’s Motion for Summary Judgment, 14 the likelihood of a similar ruling on Moises Garcias’ Motions for Summary Judgment was 15 appreciated by plaintiffs and their counsel. The parties entered into a written stipulation wherein 16 Moises Garcia agreed to waive costs in return for a dismissal with prejudice, amongst other things. 17 Attached hereto as Exhibit A is a true and correct copy of the stipulation entered into between 18 Plaintiffs’ counsel and counsel for Moises Garcia. 19 8. After reaching the Agreement with plaintiffs’ counsel, this declarant reached out to 20 counsel for all remaining parties and secured their agreement that the settlement between Moises 21 Garcai on the one hand and Plaintiffs on the other hand was reached in good faith. Attached as 22 Exhibit B is a true and correct copy of the Stipulation that the settlement was made in good faith. 23 9. The settlement was in no way aimed at injuring the interests of the remaining 24 parties to this action. 25 /// 26 /// 27 /// 28 /// {06248598 / 1} 11 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 3 Executed on this 19th day of April, 2022, at Costa Mesa, California. 4 5 Idin Kashefipour 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {06248598 / 1} 12 DEFENDANT MOISES TENORIO GARCIA’S APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION EXHIBIT A 1 MESSNER REEVES LLP Patrick Ball (CA SBN 249844) 2 Idin Kashefipour (CA SBN 280402) 650 Town Center Drive, Suite 700 3 Costa Mesa, California 92626 Telephone: (949) 612-9128 4 Facsimile: (310) 889-0896 5 pball@messner.com ikashefipour@messner.com 6 7 Attorneys for Defendant MOISES TENORIO GARCIA 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ 11 12 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 13 ALEXANDER BELETSIS, and YVONNE Assigned to Dept. 10 – Hon. Paul Marigonda RAINEY, surviving parent of ALEXANDER 14 BELETSIS, deceased, STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE 15 Plaintiffs, 16 Action Filed: October 31, 2019 v. FAC Filed: February 5, 2020 17 Trial Date: June 20, 2022 THETA CHI FRATERNITY, INC., a New 18 York corporation, individually, as a member of and t/a the Theta Iota Chapter, University of 19 California, Santa Cruz, as a member of the 20 fraternal order known as Theta Chi Fraternity, and as an alter-ego and successor entity of the 21 Theta Iota Chapter of Theta Chi Fraternity; THETA IOTA CHAPTER OF THETA CHI 22 FRATERNITY, individually, and as an agent and alter-ego of Theta Chi Fraternity, Inc.; 23 CHRISTOPHER GUEVARA, individually, 24 and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 25 Theta Chi Fraternity; BRAD VISACKI, individually, and as an agent/member of Theta 26 Chi Fraternity, Inc. and Theta Iota Chapter of 27 Theta Chi Fraternity; JORDAN KEIICHI TAKAYAMA, individually, and as an 28 agent/member of Theta Chi Fraternity, Inc. 1 STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE 1 and Theta Iota Chapter of Theta Chi Fraternity; ZACHARY NASH DAVIS, 2 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 3 Theta Chi Fraternity; NAJPREET SINGH 4 KAHLON, individually, and as an agent/member of Theta Chi Fraternity, Inc. 5 and Theta Iota Chapter of Theta Chi Fraternity; STEFAN MATIAS LEON, 6 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 7 Theta Chi Fraternity; MOISES FRANCISCO 8 TENORIO GARCIA, individually, and as an agent/member of Theta Chi Fraternity, Inc. 9 and Theta Iota Chapter of Theta Chi Fraternity; RAFAEL GARCIA, individually, 10 and as an agent/member of Theta Chi 11 Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; EMMANUEL 12 THOMAS, individually, and as an agent/member of Theta Chi Fraternity, Inc. 13 and Theta Iota Chapter of Theta Chi Fraternity; BOBBY KAKRI, individually, and 14 as an agent/member of Theta Chi Fraternity, 15 Inc. and Theta Iota Chapter of Theta Chi Fraternity; DEREK KING, individually, and 16 as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 17 Fraternity; JOHN DYLAN LEITCH, individually, and as an agent/member of Theta 18 Chi Fraternity, Inc. and Theta Iota Chapter of 19 Theta Chi Fraternity; QUINN MCGLAUGHLIN, individually and as Trustee 20 of the QUINN M. MCGLAUGHLIN LIVING TRUST, 117 Pasture Rd., Santa Cruz, CA 21 95060; and JOHN DOES 1 through 10, inclusive, individually, and as agents/members 22 of Theta Chi Fraternity, Inc. and Theta Iota 23 Chapter of Theta Chi Fraternity, 24 Defendants. 25 26 27 28 2 STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE 1 IT IS HEREBY STIPULATED by and between Plaintiffs DAPHNE BELETSIS, 2 individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and YVONNE 3 RAINEY, surviving parent of ALEXANDER BELETSIS, deceased (collectively, 4 “PLAINTIFFS”) and Defendant MOISES TENORIO GARCIA (“DEFENDANT”), by and 5 through their respective attorneys of record, as follows: 6 WHEREFORE PLAINTIFFS filed a First Amended Complaint (“FAC”) for Wrongful 7 Death and Survival Action based on 1) Negligence (Failure to Manage and Supervise); 2) 8 Negligence; 3) Negligent Undertaking; 4) Negligence (Assumed Duties); 5) Negligence (Duty to 9 Prevent Harm); 6) Social Host Liability for Furnishing Alcohol to Person Under 21 Years of Age; 10 and 7) Premises Liability, naming, amongst others, Moises Tenorio Garcia as a Defendant. 11 WHEREFORE DEFENDANT filed an answer to the FAC generally denying the 12 allegations contained therein and setting forth affirmative defenses. 13 WHEREFORE PLAINTIFFS on the one hand and DEFENDANT on the other wish to 14 resolve the case as to DEFENDANT for a dismissal, with prejudice, by PLAINTIFFS as to 15 DEFENDANT in return for a waiver of costs. 16 WHEREFORE counsel for DEFENDANT agrees that counsel will provide a declaration 17 regarding Moises Tenorio Garcia’s observations relating to his experience as a member of 18 Theta Chi and the incident. 19 WHEREFORE counsel for DEFENDANT agrees to act as agent for service of process for 20 DEFENDANT for a trial subpoena via Zoom or some other similar platform if requested by 21 PLAINTIFFS’ counsel, subject to advance notice and reasonable scheduling between the parties. 22 23 THEREFORE, counsel for the PLAINTIFFS on the one hand and counsel for 24 DEFENDANT on the other hand stipulate PLAINTIFFS will dismiss, with prejudice, their FAC as 25 to the above-identified DEFENDANT only, subject to DEFENDANT waiving costs. 26 WHEREFORE PLAINTIFFS and DEFENDANT agree that this settlement for a dismissal, 27 with prejudice, of DEFENDANT in exchange for a waiver of costs is in good faith pursuant to 28 Code of Civil Procedure sections 877 and 877.6, and the factors set forth in Tech-Bilt, Inc. v. 3 STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE 1 Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488. 2 IT IS SO STIPULATED: 3 4 DATED: March 4, 2022 ___________________ MESSNER REEVES LLP 5 6 7 Patrick R. Ball Idin Kashefipour 8 Attorneys for Defendant 9 MOISES TENORIO GARCIA 10 11 DATED: March 8, 2022 ___________________ THE FIERBERG NATIONAL LAW GROUP 12 13 14 Douglas E. Fierberg Attorneys for Plaintiffs DAPHNE BELETSIS, 15 individually and as Administrator of the ESTATE OF ALEXANDER BELETSIS, and 16 YVONNE BELETSIS, surviving parent of 17 ALEXANDER BELETSIS, deceased 18 DATED: March 8, 2022 ___________________ SAWYER & LABAR, LLP 19 20 21 Ivo Labar Attorneys for Plaintiffs DAPHNE BELETSIS, 22 individually and as Administrator of the 23 ESTATE OF ALEXANDER BELETSIS, and YVONNE BELETSIS, surviving parent of 24 ALEXANDER BELETSIS, deceased 25 26 27 28 4 STIPULATION TO DISMISS MOISES TENORIO GARCIA WITH PREJUDICE EXHIBIT