On October 31, 2019 a
Party Notice
was filed
involving a dispute between
Beletsis, Daphne,
Rainey, Yvonne,
Karki, Bobby,
Leitch, John Dylan,
Thomas, Emmanuel,
and
Davis, Zachary Nash,
Garcia, Moises Tenorio,
Garcia, Rafael,
Guevara, Christopher,
Kahlon, Najpreet Singh,
Karki, Bobby,
King, Derek,
Leitch, John Dylan,
Leon, Stefan Matias,
Mclaughlin, Quinn,
Takayama, Jordan Keiichi,
Theta Chi Fraternity, Inc.,
Theta Iota Chapter Of Theta Chi Fraternity,
Thomas, Emmanuel,
Visacki, Brad,
for (23) Unlimited Other PI / PD / WD
in the District Court of Santa Cruz County.
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John D. Hourihan, Esq. SBN: 99799
Stratman & Williams-Abrego
P.O. Box 258829
Oklahoma City, OK 73125-8829
(510) 457-3440
john.hourihan@farmersinsurance.com
Defendant, Quinn McLaughlin individually and as Trustee
SANTA CRUZ
701 Ocean Street
701 Ocean Street
Santa Cruz, 95060
Santa Cruz Main Courthouse
Daphne Beletsis, et al.
Theta Chi Fraternity, Inc., et al.
19CV03287
X
June 23, 2022
8/23/22
John D. Hourihan, Esq.
X
Daphne Beletsis, et al.
19CV03287
Theta Chi Fraternity, Inc., et al.
P.O. Box 258829, Oklahoma City, OK 73125-8829
X
8/23/22
San Jose, California
SEE ATTACHED SERVICE LIST
x
2
August 23, 2022
Timothy C. Feeney
ELECTRONICALLY RECEIVED
6/15/2022 11:27 AM
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING NG GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi Fraternity, Inc. and Theta Iota Chapter of
26 Theta Chi Fraternity,
27 Defendants.
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1
1
2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin
3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the
4 above-referenced action was filed and served in conformance with California Code of Civil Procedure §
5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code
6 section, and good cause appearing therefore,
7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for
8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee
9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne
10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a
11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of
12 California Code of Civil Procedure §§ 877 and 877.6.
13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the
14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from
15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or
16 partial or comparative indemnity, based upon comparative negligence or comparative fault.
17
18 DATED: ________________, 2022
JUDGE
DGE OF THE SUPERIOR COURT
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq.
4 Fierberg National Law Group
161 East Front Street, Ste. 200
5 Traverse City, MI 49684
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
6 Phone: (202) 351-0510
Fax: (231) 252-8100
7 dfierberg@tfnlgroup.com
8 Ivo Labar, Esq.
Sawyer & Labar LLP
9 1700 Montgomery Street, Suite 108
San Francisco, CA 941111
10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
Phone: (415) 262-3820
11 Fax:
labar@sawyerlabar.com
12
Michael C. Osborne, Esq.
13 Cokinos Young
One Embarcadero Center, Suite 390
14 San Francisco, CA 94111
Attorney for Defendant, Theta Chi Fraternity, Inc.
15 Phone: (315) 228-0208
Fax: (415) 653-1481
16
Derek H. Lim, Esq.
17 Demler, Armstrong & Rowland LLP
1350 Treat Boulevard, Suite 400
18 Walnut Creek, CA 94597
Attorney for Defendants, Chris Guevara; Bradley Visacki
19 Phone: (415) 949-1900
Fax:
20 lim@darlaw.com
21 Daniel R. Friedenthal, Esq.
Friedenthal, Heffernan & Brown, LLP
22 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
23 Attorney for, Thet Iota Chapter of Theta Chi Fraternity
Phone: (626) 628-2800
24 Fax: (626) 628-2828
jbrown@fhblawyers.com
25
26
27
28
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John D. Hourihan, Esq. SBN: 99799 Stratman & Williams-Abrego P.O. Box 258829 Oklahoma City, OK 73125-8829 (510) 457-3440 john.hourihan@farmersinsurance.com Defendant, Quinn McLaughlin individually and as Trustee SANTA CRUZ 701 Ocean Street 701 Ocean Street Santa Cruz, 95060 Santa Cruz Main Courthouse Daphne Beletsis, et al. Theta Chi Fraternity, Inc., et al. 19CV03287 X June 23, 2022 8/23/22 John D. Hourihan, Esq. X Daphne Beletsis, et al. 19CV03287 Theta Chi Fraternity, Inc., et al. P.O. Box 258829, Oklahoma City, OK 73125-8829 X 8/23/22 San Jose, California SEE ATTACHED SERVICE LIST x 2 August 23, 2022 Timothy C. Feeney ELECTRONICALLY RECEIVED 6/15/2022 11:27 AM 1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING NG GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 26 Theta Chi Fraternity, 27 Defendants. 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1 1 2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin 3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the 4 above-referenced action was filed and served in conformance with California Code of Civil Procedure § 5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code 6 section, and good cause appearing therefore, 7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for 8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee 9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne 10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a 11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of 12 California Code of Civil Procedure §§ 877 and 877.6. 13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the 14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from 15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or 16 partial or comparative indemnity, based upon comparative negligence or comparative fault. 17 18 DATED: ________________, 2022 JUDGE DGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. 4 Fierberg National Law Group 161 East Front Street, Ste. 200 5 Traverse City, MI 49684 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey 6 Phone: (202) 351-0510 Fax: (231) 252-8100 7 dfierberg@tfnlgroup.com 8 Ivo Labar, Esq. Sawyer & Labar LLP 9 1700 Montgomery Street, Suite 108 San Francisco, CA 941111 10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey Phone: (415) 262-3820 11 Fax: labar@sawyerlabar.com 12 Michael C. Osborne, Esq. 13 Cokinos Young One Embarcadero Center, Suite 390 14 San Francisco, CA 94111 Attorney for Defendant, Theta Chi Fraternity, Inc. 15 Phone: (315) 228-0208 Fax: (415) 653-1481 16 Derek H. Lim, Esq. 17 Demler, Armstrong & Rowland LLP 1350 Treat Boulevard, Suite 400 18 Walnut Creek, CA 94597 Attorney for Defendants, Chris Guevara; Bradley Visacki 19 Phone: (415) 949-1900 Fax: 20 lim@darlaw.com 21 Daniel R. Friedenthal, Esq. Friedenthal, Heffernan & Brown, LLP 22 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 23 Attorney for, Thet Iota Chapter of Theta Chi Fraternity Phone: (626) 628-2800 24 Fax: (626) 628-2828 jbrown@fhblawyers.com 25 26 27 28