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1 Law Offices of
MATHENY SEARS LINKERT & JAIME LLP
2 MATTHEW C. JAIME (SBN 140340)
ROBERT W. SWEETIN (SBN 297130)
3 3638 American River Drive
Sacramento, California 95864
4 Telephone: (916) 978-3434
Facsimile: (916) 978-3430
5 m jaime@mathenysears.com
rsweetin@mathenysears.com
6
Attorneys for Defendant, CHRISTOPHER
7 GUEVARA
8 SUPERIOR COURT 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 NOTICE OF ORDER DETERMINING
RAINEY, surviving parent of GOOD FAITH SETTLEMENT
13 ALEXANDER BELETSIS, deceased,
14 Plaintiffs, (CCP §877.6(a)(2).)
15 V.
16 THETA CHI FRATERNITY, INC., a New
York corporation, individually, as a
17 member of and t/a the Theta Iota Chapter,
Complaint filed 10/31/19
University of California, Santa Cruz, as a
18 member of the fraternal order known as Trial date 6/20/22
Theta Chi Fraternity, and as an alter-ego
19 and successor entity of the Theta Iota
Chapter of Theta Chi Fraternity; THETA
20 JOTA CHAPTER OF THETA CHI
FRATERNITY, individually, and as an and
21 agent and alter-ego of Theta Chi Fraternity,
Inc. CHRISTOPHER GUEVARA,
22 individually, and as an agent/member of
Theta Chi Fraternity, Inc. and Theta Iota
23 Chapter of Theta Chi Fraternity; BRAD
VISACKI, individually, and/or as
24 an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
25 Fraternity; JORDAN KEIICHI
TAKAYAMA, individually, and as an
26 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
27 Fraternity; ZACHARY NASH DAVIS,
individually, and as an agent/member of
28 Theta Chi Fraternit , Inc. and Theta Iota
1
NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT
1 Chapter of Theta Chi Fraternity;
NAJPREET SINGH KAHLON,
2 individually, and as an agent/member of
Theta Chi Fraternity Inc. and Theta Iota
3 Chapter of Theta Chi Fraternity; STEPAN
MATIAS LEON, individually, and as an
4 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
5 Fraternity; MOISES FRANCISCO
TENORIO GARCIA, individually, and as
6 an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
7 Fraternity; RAFAEL GARCIA,
individually, and as an agent/member of
8 Theta Chi Fraternity, Inc. and Theta Iota
Chapter of Theta ChLFraternity;
9 EMMANUEL THOMAS, individually, and
a. as an agent/member of Theta Chi
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15 Theta Chi Fraternity, Inc. and Theta Iota
Z M<( Chapter of Theta Chi Fraternity; QUINN
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:I: 16 MCLAUGHLIN, individually and as
~ Trustee of the QUINN M. MCLAUGHLIN
:E 17 LIVING TRUST, 117 Pasture Rd., Santa
Cruz, CA 95060; and JOHN DOES 1
18 through 10, inclusive, individually, and as
agents/members of Theta Chi Fraternity,
19 Inc. and Theta Iota Chapter of Theta Chi
Fraternity;
20 Defendants.
21 The application of Defendant CHRISTOPHER GUEVARA for an order determining the
22 good faith of a settlement between DAPHNE BELETSIS, individually, and as Administrator of the
23 Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER
24 BELETSIS, deceased, and _D efendant Christopher Guevara was presented to this Court on June 3,
25 2022.
26 It appearing to the satisfaction of this Court that the Application was made pursuant to the
27 provisions of California Code of Civil Procedure §877 .6(a)(2); that copies of the Notice of
28 Settlement, Application and Proposed Order were served by certified mail, return receipt requested
2
r fHltBCGGO}ORDER DETERMINING GOOD FAITH SETTLEMENT (CCP §877. 6(a)(2).)
1
on this Court and on all parties to this action on May 4, 2022; that no Notice of Motion to contest
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the good faith settlement was served or filed with the time prescribed by California Code of Civil
3
Procedure §877.6(a)(2); and that no confidentiality clause of any kind is contained in the settlement
4
agreement and all parties have been informed of the material terms of the settlement, the Court
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finds that the settlement between DAPHNE BELETSIS, individually, and as Administrator of the
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Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER
7
BELETSIS, deceased, and Defendant Christopher Guevara was made in good faith within the
8
meaning and effect of California Code of Civil Procedure §877 .6.
9
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IT IS SO ORDERED.
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[PPGP0WW]ORDER DETERMINING GOOD FAITH SETTLEMENT (CCP §877.6(a)(2).)
1 Beletsis, et al. v. Theta Chi Fraternity, Inc., et al.
Santa Cruz County Superior Court Case No. 19cv03287
2
PROOF OF SERVICE
3
I am a citizen of the United States and employed in Sacramento County. I am over the age
4 of eighteen years and not a party to the within-entitled action. My business address is 3638
American River Drive, Sacramento, CA 95864. On this date, I served:
5
NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT
6
[ ] BY MAIL. By placing a true copy thereof enclosed in a sealed envelope, with postage
7 thereon fully prepaid, in the United States Post Office mail box at Sacramento, California,
addressed as set forth below. I am readily familiar with my firm's practice of collection
8 and processing correspondence for mailing. It is deposited with the U.S. Postal Service on
the same day in the ordinary course of business. I am aware that on motion of party
9 served, service is presumed invalid if postal cancellation date of postage meter date is
MATHENY SEARS LINKERT & JAIME LLP
more than 1 day after date of deposit for mailing in affidavit.
10
[ ] BY PERSONAL SERVICE. I caused such document(s) to be personally hand delivered
95864
11
3638 AMERICAN RIVER DRIVE
on this same date to the person(s) as set forth below.
SACRAMENTO, CALIFORNIA
12
LAW OFFICES OF
[ ] BY FACSIMILE TRANSMISSION. I transmitted such document(s) by facsimile
machine to the facsimile number for the person(s) as set forth below.
13
[X] BY ELECTRONIC MAIL: by sending the attached document via electronic mail to the
14 e-mail addresses set forth below:
15 [ ] BY OVERNIGHT COURIER. By placing a true copy thereof enclosed in a sealed
16 Federal Express envelope, with the correct fee to be paid, in the correct drop box at
Sacramento, California, addressed as set forth below. I am readily familiar with my firm's
17 practice of collection and processing Federal Express for overnight delivery.
18 SEE ATTACHED SERVICE LIST
19 I declare under penalty of perjury, according to the laws of the State of California, that the
20 foregoing is true and correct.
18
21 Executed this ____ day of July 2022, at Sacramento, California.
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23
Aline Perusse
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NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT
1 SERVICE LIST
2 Douglas E. Fierberg, Esq. Counsel for Plaintiffs, Daphne Beletsis,
Jonathon N. Fazzola, Esq. Yvonne Rainey
3 Lisa N. Cloutier, Esq.
The Fierberg National Law Group, PLLC
4 161 East Front Street, Suite 200
Traverse City, MI 49684
5 Phone: (202) 351-0510
Fax: (231) 252-8100
6 dfierberg@tfnlgroup.com
jfazzola@tfnlgroup.com
7 lcloutier@tfnlgroup.com
kfarese@tfnlgroup.com
8 Ivo Labar, Esq. Counsel for Plaintiffs, Daphne Beletsis,
Sawyer & Labara, LLP Yvonne Rainey
9 1700 Montgomery Street, Suite 108
MATHENY SEARS LINKERT & JAIME LLP
San Francisco, CA 94111
10 Phone: (415) 262-3820
labar@sawyerlabar.com
95864
11 John D. Hourihan Counsel for Defendant Quinn McLaughlin
3638 AMERICAN RIVER DRIVE
Stratman, Schwartz & Williams-Abrego
SACRAMENTO, CALIFORNIA
12
LAW OFFICES OF
P.O. Box 258829
Oklahoma City, OK 73125-8829
13 Phone: (408) 274-5325
Fax: (408) 271-5301
14 john.hourihan@farmersinsurance.com
norcal.legal@farmersinsurance.com
15 Michael C. Osborne, Esq. Counsel for Defendant, Theta Chi Fraternity,
Elaine Kobylecki, Esq. Inc.
16 Cokinos / Young
611 Gateway Blvd., Suite 233
17 South San Francisco, CA 94080
Phone: (628) 229-9280
18 MOsborne@cokinoslaw.com
ekobylecki@cokinoslaw.com
19 Jaskiran Samra:
jsamra@cokinoslaw.com
20 Amanda Sanchez:
asanchez@cokinoslaw.com
21 David Anthony Tartaglio
Musick Peeler & Garrett LLP
22 One Wilshire Blvd #2000
23 Los Angeles, CA 90017
Phone: (213) 629-7705
24 Fax: (213) 624-1376
d.tartaglio@mpglaw.com
25 Norman L. Chong Counsel for Defendant Najpreet Kahlon
Joseph D. O’Neil
26 Tarkington, O’Neill, Barrack & Chong
100 Stony Point Road, Suite 270
27 Santa Rosa, CA 95401
Phone: (707) 576-1380
28 Fax: (707) 544-3144
2
NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT
1 nchong@to2law.com
joneil@to2law.com
2 therrington@to2law.com
3 Daniel R. Friedenthal, Esq. Counsel for Defendant, Theta Iota
Friedenthal, Heffernan & Brown, LLP Chapter of Theta Fraternity, Inc.
4 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
5 Phone: (626) 628-2800
Fax: (626) 628-2828
6 Email: dfriedenthal@fhblawyers.com
jlee@fhblawyers.com
7 nruiz@fhblawyers.com
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MATHENY SEARS LINKERT & JAIME LLP
10
95864
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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA
12
LAW OFFICES OF
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NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT
Preview
1 Law Offices of MATHENY SEARS LINKERT & JAIME LLP 2 MATTHEW C. JAIME (SBN 140340) ROBERT W. SWEETIN (SBN 297130) 3 3638 American River Drive Sacramento, California 95864 4 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 5 m jaime@mathenysears.com rsweetin@mathenysears.com 6 Attorneys for Defendant, CHRISTOPHER 7 GUEVARA 8 SUPERIOR COURT 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 NOTICE OF ORDER DETERMINING RAINEY, surviving parent of GOOD FAITH SETTLEMENT 13 ALEXANDER BELETSIS, deceased, 14 Plaintiffs, (CCP §877.6(a)(2).) 15 V. 16 THETA CHI FRATERNITY, INC., a New York corporation, individually, as a 17 member of and t/a the Theta Iota Chapter, Complaint filed 10/31/19 University of California, Santa Cruz, as a 18 member of the fraternal order known as Trial date 6/20/22 Theta Chi Fraternity, and as an alter-ego 19 and successor entity of the Theta Iota Chapter of Theta Chi Fraternity; THETA 20 JOTA CHAPTER OF THETA CHI FRATERNITY, individually, and as an and 21 agent and alter-ego of Theta Chi Fraternity, Inc. CHRISTOPHER GUEVARA, 22 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota 23 Chapter of Theta Chi Fraternity; BRAD VISACKI, individually, and/or as 24 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 25 Fraternity; JORDAN KEIICHI TAKAYAMA, individually, and as an 26 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 27 Fraternity; ZACHARY NASH DAVIS, individually, and as an agent/member of 28 Theta Chi Fraternit , Inc. and Theta Iota 1 NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT 1 Chapter of Theta Chi Fraternity; NAJPREET SINGH KAHLON, 2 individually, and as an agent/member of Theta Chi Fraternity Inc. and Theta Iota 3 Chapter of Theta Chi Fraternity; STEPAN MATIAS LEON, individually, and as an 4 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 5 Fraternity; MOISES FRANCISCO TENORIO GARCIA, individually, and as 6 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 7 Fraternity; RAFAEL GARCIA, individually, and as an agent/member of 8 Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta ChLFraternity; 9 EMMANUEL THOMAS, individually, and a. as an agent/member of Theta Chi ..J ..J Fraternity, Inc. and Theta Iota Chapter of w 10 :E V Theta Chi Fraternity; BOBBY KARKI, - (0 <( LU co --, ~~ 11 individually, and as an agent/member of GO Cl- o= c( Theta Chi Fraternity, Inc. and Theta Iota LL 1- o= Z 00::LUo= 12 Chapter of Theta Chi Fraternity; DEREK (J)W>O KING, individually, and as an ~ - ~a:~ Zzc( 13 agent/member of Theta Chi Fraternity, Inc. LL-c(C,) LL ...J (.) and Theta Iota Chapter of Theta Chi 0 cn-6 ~ ffi I- a:: 14 Fraternity; JOHN DYLAN LEITCH, ~ O ~ ~a:!:!: -LL ...J :!:z~ <( (.) 13 LL 0 Ou,-6 s=o::ffi1- 14 :5<~z w <(~ U)~~ >- (00 15 ZMO Cl) KING, individually, and as an ~ ~ 5::!:!: - Zz~ 13 agent/member of Theta Chi Fraternity, Inc. u.- CDu 15 Theta Chi Fraternity, Inc. and Theta Iota Z M<( Chapter of Theta Chi Fraternity; QUINN w Cl) :I: 16 MCLAUGHLIN, individually and as ~ Trustee of the QUINN M. MCLAUGHLIN :E 17 LIVING TRUST, 117 Pasture Rd., Santa Cruz, CA 95060; and JOHN DOES 1 18 through 10, inclusive, individually, and as agents/members of Theta Chi Fraternity, 19 Inc. and Theta Iota Chapter of Theta Chi Fraternity; 20 Defendants. 21 The application of Defendant CHRISTOPHER GUEVARA for an order determining the 22 good faith of a settlement between DAPHNE BELETSIS, individually, and as Administrator of the 23 Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER 24 BELETSIS, deceased, and _D efendant Christopher Guevara was presented to this Court on June 3, 25 2022. 26 It appearing to the satisfaction of this Court that the Application was made pursuant to the 27 provisions of California Code of Civil Procedure §877 .6(a)(2); that copies of the Notice of 28 Settlement, Application and Proposed Order were served by certified mail, return receipt requested 2 r fHltBCGGO}ORDER DETERMINING GOOD FAITH SETTLEMENT (CCP §877. 6(a)(2).) 1 on this Court and on all parties to this action on May 4, 2022; that no Notice of Motion to contest 2 the good faith settlement was served or filed with the time prescribed by California Code of Civil 3 Procedure §877.6(a)(2); and that no confidentiality clause of any kind is contained in the settlement 4 agreement and all parties have been informed of the material terms of the settlement, the Court 5 finds that the settlement between DAPHNE BELETSIS, individually, and as Administrator of the 6 Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER 7 BELETSIS, deceased, and Defendant Christopher Guevara was made in good faith within the 8 meaning and effect of California Code of Civil Procedure §877 .6. 9 ll. ...J IT IS SO ORDERED. ...J w 10 :E O ~ ~ix:'= - Zz~ LL-<((..) 13 LL ..J (..) ! u,-6 0 o:::ffi~ -<0u z (") <( w (JJ :I: 16 ~ :E 17 18 19 20 21 22 23 24 25 26 27 28 3 [PPGP0WW]ORDER DETERMINING GOOD FAITH SETTLEMENT (CCP §877.6(a)(2).) 1 Beletsis, et al. v. Theta Chi Fraternity, Inc., et al. Santa Cruz County Superior Court Case No. 19cv03287 2 PROOF OF SERVICE 3 I am a citizen of the United States and employed in Sacramento County. I am over the age 4 of eighteen years and not a party to the within-entitled action. My business address is 3638 American River Drive, Sacramento, CA 95864. On this date, I served: 5 NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT 6 [ ] BY MAIL. By placing a true copy thereof enclosed in a sealed envelope, with postage 7 thereon fully prepaid, in the United States Post Office mail box at Sacramento, California, addressed as set forth below. I am readily familiar with my firm's practice of collection 8 and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business. I am aware that on motion of party 9 served, service is presumed invalid if postal cancellation date of postage meter date is MATHENY SEARS LINKERT & JAIME LLP more than 1 day after date of deposit for mailing in affidavit. 10 [ ] BY PERSONAL SERVICE. I caused such document(s) to be personally hand delivered 95864 11 3638 AMERICAN RIVER DRIVE on this same date to the person(s) as set forth below. SACRAMENTO, CALIFORNIA 12 LAW OFFICES OF [ ] BY FACSIMILE TRANSMISSION. I transmitted such document(s) by facsimile machine to the facsimile number for the person(s) as set forth below. 13 [X] BY ELECTRONIC MAIL: by sending the attached document via electronic mail to the 14 e-mail addresses set forth below: 15 [ ] BY OVERNIGHT COURIER. By placing a true copy thereof enclosed in a sealed 16 Federal Express envelope, with the correct fee to be paid, in the correct drop box at Sacramento, California, addressed as set forth below. I am readily familiar with my firm's 17 practice of collection and processing Federal Express for overnight delivery. 18 SEE ATTACHED SERVICE LIST 19 I declare under penalty of perjury, according to the laws of the State of California, that the 20 foregoing is true and correct. 18 21 Executed this ____ day of July 2022, at Sacramento, California. 22 23 Aline Perusse 24 25 26 27 28 1 NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT 1 SERVICE LIST 2 Douglas E. Fierberg, Esq. Counsel for Plaintiffs, Daphne Beletsis, Jonathon N. Fazzola, Esq. Yvonne Rainey 3 Lisa N. Cloutier, Esq. The Fierberg National Law Group, PLLC 4 161 East Front Street, Suite 200 Traverse City, MI 49684 5 Phone: (202) 351-0510 Fax: (231) 252-8100 6 dfierberg@tfnlgroup.com jfazzola@tfnlgroup.com 7 lcloutier@tfnlgroup.com kfarese@tfnlgroup.com 8 Ivo Labar, Esq. Counsel for Plaintiffs, Daphne Beletsis, Sawyer & Labara, LLP Yvonne Rainey 9 1700 Montgomery Street, Suite 108 MATHENY SEARS LINKERT & JAIME LLP San Francisco, CA 94111 10 Phone: (415) 262-3820 labar@sawyerlabar.com 95864 11 John D. Hourihan Counsel for Defendant Quinn McLaughlin 3638 AMERICAN RIVER DRIVE Stratman, Schwartz & Williams-Abrego SACRAMENTO, CALIFORNIA 12 LAW OFFICES OF P.O. Box 258829 Oklahoma City, OK 73125-8829 13 Phone: (408) 274-5325 Fax: (408) 271-5301 14 john.hourihan@farmersinsurance.com norcal.legal@farmersinsurance.com 15 Michael C. Osborne, Esq. Counsel for Defendant, Theta Chi Fraternity, Elaine Kobylecki, Esq. Inc. 16 Cokinos / Young 611 Gateway Blvd., Suite 233 17 South San Francisco, CA 94080 Phone: (628) 229-9280 18 MOsborne@cokinoslaw.com ekobylecki@cokinoslaw.com 19 Jaskiran Samra: jsamra@cokinoslaw.com 20 Amanda Sanchez: asanchez@cokinoslaw.com 21 David Anthony Tartaglio Musick Peeler & Garrett LLP 22 One Wilshire Blvd #2000 23 Los Angeles, CA 90017 Phone: (213) 629-7705 24 Fax: (213) 624-1376 d.tartaglio@mpglaw.com 25 Norman L. Chong Counsel for Defendant Najpreet Kahlon Joseph D. O’Neil 26 Tarkington, O’Neill, Barrack & Chong 100 Stony Point Road, Suite 270 27 Santa Rosa, CA 95401 Phone: (707) 576-1380 28 Fax: (707) 544-3144 2 NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT 1 nchong@to2law.com joneil@to2law.com 2 therrington@to2law.com 3 Daniel R. Friedenthal, Esq. Counsel for Defendant, Theta Iota Friedenthal, Heffernan & Brown, LLP Chapter of Theta Fraternity, Inc. 4 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 5 Phone: (626) 628-2800 Fax: (626) 628-2828 6 Email: dfriedenthal@fhblawyers.com jlee@fhblawyers.com 7 nruiz@fhblawyers.com 8 9 MATHENY SEARS LINKERT & JAIME LLP 10 95864 11 3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 12 LAW OFFICES OF 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF ORDER DETERMINING GOOD FAITH SETTLEMENT