Preview
1 Michael C. Osborne (Bar No. 95839)
mosborne@cokinoslaw.com
2 Jaskiran K. Samra (Bar No. 296149)
jsamra@cokinoslaw.com
3 Elaine Kobylecki (Bar No. 299311)
ekobylecki@cokinoslaw.com
4 COKINOS | YOUNG
611 Gateway Blvd., Ste. 233
5 South San Francisco, CA 94080
Telephone: (628) 229-9180
6
Attorneys for Defendant
7 THETA CHI FRATERNITY, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SANTA CRUZ
10
11
DAPHNE BELETSIS, et al., Case No. 19CV03287
12
Plaintiff, DEFENDANT THETA CHI FRATERNITY,
13 INC.’S RESPONSE TO PLAINTIFFS’
v. SEPARATE STATEMENT OF
14 ADDITIONAL DISPUTED AND
THETA CHI FRATERNITY, INC., et al. UNDISPUTED MATERIAL FACTS
15
Defendant. Hearing Date: December 9, 2022
16 Time: 8:30 a.m.
Dept.: 10
17
Action Filed: October 31, 2019
18
19
Pursuant to the provisions of California Code of Civil Procedure section 437c and the
20
21 California Evidence Code, Defendant Theta Chi Fraternity, Inc. respectfully submits the following
22 responses and evidentiary objections to Plaintiffs’ Separate Statement of Additional Disputed and
23 Undisputed Material Facts, filed by Plaintiffs in opposition to Defendant Theta Chi Fraternity,
24
Inc.’s motion for summary judgment, or in the alternative, summary adjudication.
25
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26
///
27
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28
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 PLAINTIFFS’ STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED
MATERIAL FACTS RELEVANT TO ALL CAUSES OF ACTION
2
Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
3
Supporting Evidence Evidence
4
A. In the fall of 2017 and spring of 2018, A. Undisputed.
5 including on June 2, 2018, the Theta Iota
Chapter (the “Chapter”) was a registered
6 student organization of the University of
California Santa Cruz (UCSC). See
7
Canales-Molina Dep. 83:7-18 (Ex. 8 to
8 Plaintiffs’ Index of Evidence); Rojas Dep.
17:14-21, 47:7-11, 87:6-22 (Ex. 4 to
9 Plaintiffs’ Index of Evidence); Declaration
of Christopher Guevara in Support of
10 Motion to Quash Service of the Summons
11 and Complaint, ¶ 4 (Ex. 9 to Plaintiffs’
Index of Evidence).
12 B. Greek organizations operating on UCSC’s B. Undisputed.
campus have the option to register as
13 student organizations with UCSC. See
Canales-Molina Dep. 25:4-9 (Ex. 8 to
14 Plaintiffs’ Index of Evidence).
15 C. In order to be registered with UCSC, every C. Undisputed.
student organization, including fraternities,
16 has to register at the beginning of the fall.
See Canales-Molina Dep. 22:18-24 (Ex. 8
17 to Plaintiffs’ Index of Evidence).
D. As part of the annual registration process, D. Undisputed.
18
every student organization seeking
19 registration from UCSC has to agree to the
Student Code of Conduct of UCSC. See
20 Canales-Molina Dep. 22:22-24 (Ex. 8 to
Plaintiffs’ Index of Evidence).
21
E. As a condition of being a recognized E. Objection.
22
student organization at UCSC, the Chapter
23 had to affirmatively agree to abide by the See Objection No. 45 in Theta Chi Fraternity,
rules that are set forth in UCSC’s Student Inc.’s Evidentiary Objections to Plaintiffs’
24 Code of Conduct. See Sanchez Dep. Evidence Submitted in Opposition to
74:18-75:12 (Ex. 10 to Plaintiffs’ Index of Defendant’s Motion (“Theta Chi’s
25 Evidence). Evidentiary Objections”).
F. The decision of a UCSC-registered Greek F. Objection.
26
organization to become a registered
27 student organization comes with certain See Objection No. 11 in Theta Chi’s
responsibilities, including an agreement to Evidentiary Objections.
28
2
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 abide by UCSC’s Student Code of
Conduct and to comply with UCSC’s
4 policies and campus regulations. See
Canales-Molina Dep. 22:22-24, 25:10-18
5 (Ex. 8 to Plaintiffs’ Index of Evidence);
Rojas Dep. 48:13-21 (Ex. 4 to Plaintiffs’
6 Index of Evidence).
7
G. UCSC’s Student Code of Conduct sets G. Undisputed.
8 standards for safety and expectations for
how each registered student organization is
9 going to operate for the safety of UCSC
students. See Canales-Molina Dep. 25:19-
10 26:5 (Ex. 8 to Plaintiffs’ Index of
11 Evidence).
H. One of the responsibilities a fraternity H. Objection.
12 chapter at UCSC undertakes when it
decides to obtain registration as a student See Objection No. 38 in Theta Chi’s
13 organization at UCSC is ensuring the Evidentiary Objections.
safety of their members and any guests
14
that are in attendance at that fraternity
15 chapter’s events. See Canales-Molina
Dep. 67:11-20 (Ex. 8 to Plaintiffs’ Index
16 of Evidence).
I. Under UCSC’s Code of Conduct, I. Objection.
17 members of the Chapter had a
responsibility for protecting members and See Objection No. 37 in Theta Chi’s
18
guests at the events the Chapter sponsored. Evidentiary Objections.
19 See Canales-Molina Dep. 65:25-66:3 (Ex.
8 to Plaintiffs’ Index of Evidence).
20 J. Under UCSC’s policies, and as a condition J. Undisputed.
of registration with UCSC, the officers and
21 authorized representatives of the Chapter
22 were, at all relevant times, responsible for
planning all Chapter-sponsored events in
23 accordance with all UCSC policies and
campus regulations, including the UCSC
24 Student Code of Conduct. See Rojas Dep.
49:12-16, 50:1-4 (Ex. 4 to Plaintiffs’ Index
25 of Evidence); 70.00 Policy on Registered
26 Student Organizations (Ex. 11 to
Plaintiffs’ Index of Evidence).
27 K. Binge drinking and drug use were rampant K. Objection.
within the Chapter and at social events of
28
3
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 the Chapter while Alex Beletsis was a See Objection No. 17 in Theta Chi’s
pledge and member of the Chapter. See Evidentiary Objections.
4 Declaration of Zachary Nash Davis, ¶ 8
(Ex. 5 to Plaintiffs’ Index of Evidence). When inquired about this statement at his
5 deposition, Mr. Davis testified that he did not
recall this.
6
7 Evidence: Deposition of Zachary Davis
(49:22-50:1), Exhibit J to Defendant Theta
8 Chi Fraternity, Inc.’s Additional Evidence in
Rebuttal to Plaintiffs’ Evidence (“Theta Chi’s
9 Rebuttal).
L. Students regularly got over-intoxicated L. Objection.
10
from alcohol and/or drugs at Chapter
11 events. See Declaration of Zachary Nash See Objection No. 17 in Theta Chi’s
Davis, ¶ 8 (Ex. 5 to Plaintiffs’ Index of Evidentiary Objections.
12 Evidence).
M. During social events of the Chapter while M. Objection.
13 Alex Beletsis was a pledge and member,
14 pledges and members regularly used See Objection Nos. 17, 31, 58 and 59, in
drugs, became extremely intoxicated, Theta Chi’s Evidentiary Objections.
15 vomited, and/or passed out and were laid
on their side by fraternity members to The cited evidence from Declaration of Rafael
16 avoid choking on their vomit. See Garcia, Jr. does not actually establish the
Declaration of Zachary Nash Davis, ¶ 8 alleged fact.
17 (Ex. 5 to Plaintiffs’ Index of Evidence);
18 Declaration of Rafael Garcia, Jr., ¶¶ 16-17 The cited depositions testimonies by Jordan
(Ex. 12 to Plaintiffs’ Index of Evidence); Takayama and Leon Burns do not support that
19 see also Burns Dep. 186:7-190:12 (Ex. 6 these allegations occurred at every social
to Plaintiffs’ Index of Evidence); event, as implied in this alleged fact.
20 Takayama Dep. 99:3-101:11 (Ex. 13 to
Plaintiffs’ Index of Evidence).
21
N. Approximately three weeks before Alex N. Objection.
22 Beletsis’ death, Alex reached out to
Zachary Nash Davis, a member of the See Objection Nos. 19 and 26, in Theta Chi’s
23 Chapter’s executive board, and expressed Evidentiary Objections.
concerns to Mr. Davis about developing
24 substance-abuse issues because of all the
partying and alcohol and drug use in the
25
Chapter. See Declaration of Zachary Nash
26 Davis, ¶¶ 10, 21 (Ex. 5 to Plaintiffs’ Index
of Evidence).
27 O. The executive board members of the O. Objection.
Chapter discussed and planned the
28
4
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 Crossover Ceremony and Big Brother See Objection No. 22, in Theta Chi’s
Night events that were held on June 2, Evidentiary Objections.
4 2018, at 636 Market Street, Santa Cruz,
CA. See Declaration of Zachary Nash Per Mr. Davis’ own declaration, he makes it
5 Davis, ¶ 14 (Ex. 5 to Plaintiffs’ Index of clear that he did “not specifically recall
Evidence). whether the events in June 2018 were
6 discussed and planned by the executive board
7 and fraternity members” but goes on to
speculate that they were “based upon my
8 knowledge of how things worked.”
9 Evidence: Paragraph 13 of Declaration of
Zachary Davis, Exhibit 5 to Plaintiffs’ Index
10
of Evidence.
11 P. Between at least the spring of 2017 and up P. Objection.
to and including June 2, 2018, the
12 Crossover Ceremony was a fraternity See Objection No. 13 in Theta Chi’s
event of the Chapter where pledges Evidentiary Objections.
13 formally became members of the Chapter
at the conclusion of pledging. See
14
Declaration of Zachary Nash Davis, ¶ 4
15 (Ex. 5 to Plaintiffs’ Index of Evidence).
Q. During the Crossover Ceremony, it was a Q. Undisputed. (Alex was not a pledge.)
16 ritual that the pledges assemble in a circle
and pass a handle of Jägermeister, which
17 was to be finished by the pledges. See
18 Declaration of Zachary Nash Davis, ¶ 4
(Ex. 5 to Plaintiffs’ Index of Evidence).
19 R. Miguel Saldivar, Jr. picked up and drove R. Objection.
Alex Beletsis to the to the June 2, 2018
20 Crossover Ceremony that the Theta Iota See Objection Nos. 60, 61 and 63 in Theta
Chapter held at 626 Market Street, Santa Chi’s Evidentiary Objections.
21
Cruz, CA, a “satellite house” of the
22 Chapter. See Saldivar Dep. 41:8-21 Plaintiffs’ allegation that the 626 Market
(Ex.14 to Plaintiffs’ Index of Evidence). Street, Santa Cruz, CA address was a
23 When Mr. Saldivar picked up Alex on “satellite house” of the Chapter is not
June 2, 2018, he “seemed normal,” and supported by any of the cited supporting
24 “just like normal, nonchalant,” and not evidence. Nowhere does Mr. Saldivar refer to
inebriated to Mr. Saldivar. See id. 42:13- this house as somehow associated with the
25
43:12, 95:3-15. Chapter.
26 S. Alex Beletsis did not bring alcohol to the S. Undisputed.
June 2, 2018 Crossover Ceremony that the
27 Theta Iota Chapter held at 626 Market
Street, Santa Cruz, CA. See Saldivar Dep.
28
5
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 45:23-25 (Ex. 14 to Plaintiffs’ Index of
Evidence).
4 T. During the June 2, 2018 Crossover T. Undisputed.
Ceremony that the Chapter hosted at 636
5 Market Street, Santa Cruz, CA, the
pledges assembled in a circle and passed a
6
handle of Jägermeister, which was to be
7 finished by the pledges. See Declaration
of Zachary Nash Davis, ¶¶ 4, 14 (Ex. 5 to
8 Plaintiffs’ Index of Evidence).
U. Alex Beletsis, along with other members U. Undisputed.
9 and pledges of the Chapter, drank
Jägermeister after the June 2, 2018
10
Crossover Ceremony. See Burns Dep.
11 68:18-70:24, 73:5-18 (Ex. 6 to Plaintiffs’
Index of Evidence).
12 V. The Chapter also held a Big Brother Night V. Undisputed.
on June 2, 2018, at 636 Market Street,
13 Santa Cruz, CA. See Declaration of
14 Zachary Nash Davis, ¶ 14 (Ex. 5 to
Plaintiffs’ Index of Evidence).
15 W. During the June 2, 2018 Big Brother Night W. Undisputed.
ritual that the hosted at 636 Market Street,
16 Santa Cruz, CA, the Chapter’s family
drinks were there, and new family
17 members and members began drinking the
18 alcohol per the Chapter’s rituals. See
Declaration of Zachary Nash Davis, ¶ 14
19 (Ex. 5 to Plaintiffs’ Index of Evidence).
X. Alex Beletsis belonged to the Johnny X. Undisputed.
20 Walker Black alcohol family in the Theta
Iota Chapter, and the alcoholic “family
21
drink” of that family was Johnny Walker
22 Black. See Responses of Defendant
Christopher Guevara to Plaintiffs’ Special
23 Interrogatories No. 25-26, 29-30 (Ex. 15 to
Plaintiffs’ Index of Evidence).
24 Y. The June 2, 2018 crossover ceremony Y. Objection.
25 celebration event that the Chapter held at
511 Broadway Street, Santa Cruz, CA See Objection No. 22 in Theta Chi’s
26 90506, was planned by the executive Evidentiary Objections..
board and other members of the Theta Iota
27 Chapter. See Declaration of Zachary Nash Per Mr. Davis’ own declaration, he makes it
Davis, ¶ 14 (Ex. 5 to Plaintiffs’ Index of clear that he did “not specifically recall
28
6
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 Evidence). whether the events in June 2018 were
discussed and planned by the executive board
4 and fraternity members” but goes on to
speculate that they were “based upon my
5 knowledge of how things worked.”
6 Evidence: Paragraph 13 of Declaration of
7 Zachary Davis, Exhibit 5 to Plaintiffs’ Index
of Evidence.
8 Z. The executive board members of the Z. Objection.
Chapter knew that the June 2, 2018
9 crossover ceremony celebration event at See Objection No. 22 in Theta Chi’s
511 Broadway Street, Santa Cruz, CA Evidentiary Objections.
10
90506, would follow the June 2, 2018
11 Crossover Ceremony and Big Brother Per Mr. Davis’ own declaration, he makes it
Night events that the Chapter held at 636 clear that he did “not specifically recall
12 Market Street, Santa Cruz, CA. See whether the events in June 2018 were
Declaration of Zachary Nash Davis, ¶ 14 discussed and planned by the executive board
13 (Ex. 5 to Plaintiffs’ Index of Evidence). and fraternity members” but goes on to
speculate that they were “based upon my
14
knowledge of how things worked.”
15
Evidence: Paragraph 13 of Declaration of
16 Zachary Davis, Exhibit 5 to Plaintiffs’ Index
of Evidence.
17 AA. One witness testified that Alex Beletsis AA. Objection.
18 drank Jägermeister in the car from the
Crossover Ceremony to the crossover See Objection No. 62 in Theta Chi’s
19 ceremony celebration event held at 511 Evidentiary Objections.
Broadway Street, Santa Cruz, CA, on June
20 2, 2018, while another witness testified
that he did not think Alex drank
21 Jägermeister on the car ride to the
22 celebration event. See Burns Dep. 77:22-
78:25 (Ex. 6 to Plaintiffs’ Index of
23 Evidence); Saldivar Dep. 93:22-94:13 (Ex.
14 to Plaintiffs’ Index of Evidence).
24 BB. Alex Beletsis did not bring alcohol into BB. Objection.
the June 2, 2018 crossover ceremony
25
celebration event that the Chapter held at See Objection No. 63 in Theta Chi’s
26 511 Broadway Street, Santa Cruz, CA. Evidentiary Objections.
See Burns Dep. 79:18-80:8 (Ex. 6 to
27 Plaintiffs’ Index of Evidence); Saldivar
Dep. 95:12-15 (Ex. 14 to Plaintiffs’ Index
28
7
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 of Evidence).
CC. There was an open bar at the June 2, CC. Objection.
4 2018 crossover ceremony celebration
event held at 511 Broadway Street, Santa See Objection Nos. 33 and 55 in Theta Chi’s
5 Cruz, CA, with alcohol supplied by Evidentiary Objections.
Chapter members and, potentially, the
6
Chapter itself. See Declaration of Rafael Undisputed that the “alcoholic drinks were
7 Garcia, Jr., ¶ 9 (Ex. 12 to Plaintiffs’ Index setup at the bar and guests could just grab a
of Evidence); Leon Burns Dep. 81:4-82:4 beer or grab a shot of liquor” and “Leon
8 (Ex. 6 to Plaintiff’s Index of Evidence). Burns, who was under 21 years of age and
The only alcohol available to drink at the who made two trips to the bar during the
9 crossover celebration event was on the bar event, did not see anyone at the event
inside the residence at 511 Broadway checking IDs.”
10
Street, Santa Cruz, CA. See Leon Burns
11 Dep. 209:22-210:2 (Ex. 6 to Plaintiff’s
Index of Evidence). The alcoholic drinks
12 were setup at the bar and guests could just
grab a beer or grab a shot of liquor. See id.
13 210:4-12. Leon Burns, who was under 21
years of age and who made two trips to the
14
bar during the event, did not see anyone at
15 the event checking IDs. See id. 210:16-
211:4.
16 DD. On June 2, 2018, Leon Burns observed DD. Undisputed.
Alex Beletsis drinking alcohol from a red
17 solo cup inside the residence at 511
18 Broadway Street, Santa Cruz, CA. See
Leon Burns Dep. 97:8-16 (Ex. 6 to
19 Plaintiff’s Index of Evidence).
EE. On June 2, 2018, Leon Burns observed EE. Objection.
20 Derek King, a member of the fraternity
and resident of 511 Broadway Street, See Objection No. 56 in Theta Chi’s
21
Santa Cruz, CA 90506, inside his bedroom Evidentiary Objections.
22 making lines of cocaine for people at the
party to snort. See Leon Burns Dep. The cited Leon Burns testimony to support
23 220:25-221:6 (Ex. __ to Plaintiffs’ Index that Derek King was making lines of cocaine
of Evidence. (Ex. 6 to Plaintiffs’ Index of for people at the party to snort, also adds that
24 Evidence). It was common knowledge Mr. Alex Beletsis also made lines of cocaine.
within the Chapter that some members
25
used cocaine, and that those some Additionally, the declaration of Rafael Garcia,
26 members might have or use cocaine at the Jr. cited to support the alleged fact that “it was
June 2, 2018 crossover ceremony common knowledge within the Chapter that
27 celebration event held at Defendant some members used cocaine, and that those
Kahlon’s residence. See Declaration of some members might have or use cocaine at
28
8
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 Rafael Garcia, Jr., ¶ 10 (Ex. 12 to the June 2, 2018 crossover ceremony
Plaintiffs’ Index of Evidence). celebration” further adds that Mr. Rafael
4 Garcia, Jr. did not actually witness any
cocaine or anybody using cocaine at the
5 event. Therefore, Mr. Rafael Garcia, Jr.’s
actual perception trumps his speculation.
6
FF. On June 2, 2018, Alex Beletsis consumed FF. Undisputed.
7 cocaine while he was in Derek King’s
bedroom at the residence of 511 Broadway
8 Street, Santa Cruz, CA 90506. See Burns
Dep. 94:15-21 (Ex. 6 to Plaintiffs’ Index
9 of Evidence); Records from Santa Clara
Valley Center at pp. 317-18, 608, 760 (Ex.
10
16 to Plaintiffs’ Index of Evidence).
11 GG. On June 2, 2018, before Alex Beletsis GG. Objection.
consumed cocaine at the residence of 511
12 Broadway Street, Santa Cruz, CA 90506, See Objection No. 28 in Theta Chi’s
Mr. Burns observed him “swaying side to Evidentiary Objections.
13 side,” and Alex told Mr. Burns that he did
14 not think he could talk on the phone. See
Burns Dep. 87:16-88:18 (Ex. 6 to
15 Plaintiffs’ Index of Evidence).
HH. On June 2, 2018, after Alex Beletsis HH. Undisputed.
16 consumed cocaine at the residence of 511
Broadway Street, Santa Cruz, CA 90506,
17 Mr. Burns observed Alex get “this face
18 that he does when he gets upset, and it can
be almost, like, mad-dogging someone,”
19 and he walked Alex to a second-floor
bathroom, which Alex entered and closed
20 the door. See Burns Dep. 96:14-97:7,
100:11-17 (Ex. 6 to Plaintiffs’ Index of
21
Evidence).
22 II. On June 2, 2018, a couple of minutes after II. Undisputed.
Alex Beletsis entered the second-floor
23 bathroom at the residence of 511
Broadway Street, Santa Cruz, CA 90506,
24 Alex fell out of the bathroom window and
onto the street. See Burns Dep. 102:14-23
25
(Ex. 6 to Plaintiffs’ Index of Evidence).
26 JJ. Mr. Burns testified that he told UCSC that JJ. Undisputed.
Alex Beletsis would never have gone out
27 of the window if he was not on the drugs
he was on June 2, 2018. See Burns Dep.
28
9
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 146:12-24 (Ex. 6 to Plaintiffs’ Index of
Evidence).
4 KK. On June 2, 2018, at approximately KK. Undisputed.
12:24 AM, a blood sample from Alex was
5 collected by a registered nurse at Santa
Clara Valley Medical Center for a Blood
6
Alcohol Screen. See Records from Santa
7 Clara Valley Center at pp. 317, 327, 334,
755-56 (Ex. 16 to Plaintiffs’ Index of
8 Evidence).
LL. The final result of the Blood Alcohol LL. Undisputed.
9 Screen on a blood sample collected from
Alex – which was conducted by the VMC
10
Lab at the Santa Clara Valley Medical
11 Center – was an ethanol level of 318
mg/dL, or a blood alcohol content of
12 0.318. See Records from Santa Clara
Valley Medical Center at pp. 317, 334,
13 608, 755-56 (Ex. 16 to Plaintiffs’ Index of
14 Evidence).
MM. Alex’s blood alcohol content, as MM. Undisputed.
15 measured in the Blood Alcohol Screen on
June 3, 2018, was almost four times the
16 legal limit in California. See Veh. Code §
23152(b) (it is unlawful for a person who
17 has a blood alcohol level of 8 mg/dL or
18 more to drive a vehicle).
Plaintiffs respectfully request that the
19 Court take judicial notice of Veh. Code §
23152(b) pursuant to Evid. Code § 451(a).
20 Plaintiffs further respectfully request that
the Court take judicial notice of the fact
21
that Alex’s blood alcohol content, as
22 measured in the Blood Alcohol Screen on
June 3, 2018, was almost four times the
23 legal limit in California, because that fact is
not reasonably subject to dispute and is
24 capable of immediate and accurate
determination by resort to sources of
25
reasonably indisputable accuracy. See
26 Evid. Code § 452(h).
27 NN. On June 3, 2018, at approximately NN. Undisputed.
2:08 AM, a sample of Alex’s urine was
28
10
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 collected by a registered nurse at Santa
Clara Valley Medical Center for a drug of
4 abuse rapid screen. See Records from
Santa Clara Valley Center at pp. 317, 760
5 (Ex. 16 to Plaintiffs’ Index of Evidence).
OO. On June 3, 2018, a drug of abuse rapid OO. Undisputed.
6
screen of the urine collected from Alex
7 was conducted by the VMC Lab at the
Santa Clara Valley Medical Center. See
8 Records from Santa Clara Valley Center at
p. 760 (Ex. 16 to Plaintiffs’ Index of
9 Evidence).
PP. The drug of abuse rapid screen of the urine PP. Undisputed.
10
collected from Alex was: negative for
11 amphetamines; negative for barbiturates;
negative for benzodiazepines; positive for
12 cocaine; negative for opiates; negative for
phencyclidine (PCP); and negative for
13 oxycodone. See Records from Santa Clara
14 Valley Center at pp. 317-18, 608, 760 (Ex.
16 to Plaintiffs’ Index of Evidence).
15 QQ. Xanax is a benzodiazepine. See U.S. QQ. Undisputed.
Drug Enforcement Administration
16 Benzodiazepines Information Sheet (Ex.
17 to Plaintiffs’ Index of Evidence).
17 Plaintiffs respectfully request, pursuant to
18 Evid. Code § 453, that the Court take
judicial notice of this fact, which is both (1)
19 a fact of generalized knowledge so
universally known that it cannot reasonably
20 be the subject of dispute; and (2) a fact that
is not reasonably subject to dispute and is
21
capable of immediate and accurate
22 determination by resort to sources of
reasonably indisputable accuracy. See
23 Evid. Code §§ 451(f), 452(h).
24 RR. On June 20, 2018, Alex died as a result RR. Undisputed.
of the blunt force injury to the head with
25 skull fracture that he sustained when, on
26 June 2, 2018, he fell from the window of
511 Broadway Street, Santa Cruz, CA.
27 See Certified Certificate of Death of
Alexander Beletsis (Ex. 18 to Plaintiffs’
28
11
DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF
ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS
1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting
Supporting Evidence Evidence
2
3 Index of Evidence).
SS. At all relevant times, the Theta Iota SS. Undisputed.
4 Chapter (the “Chapter”) was an
unincorporated association, without a
5 designated agent for service of process.
See Declaration of Christopher Guevara in
6
Support of Motion to Quash Service of the
7 Summons and Complaint, ¶ 5 (Ex. 9 to
Plaintiffs’ Index of Evidence).
8 TT. Approximately two years before the death TT. Objection.
of Alex Beletsis, UCSC suspended the
9 Chapter following multiple dangerous See Objection No. 64 in Theta Chi’s
infractions. See 7/5/2016 UCSC Appeal Evidentiary Objections.
10
Denial Letter (UCSC Subpoena
11 Production p. 8-12) (Ex.19 to Plaintiffs’ Furthermore, the cited document in support of
Index of Evidence). this alleged fact does not reference any
12 violations as “dangerous infractions” as
concluded by plaintiff.
13 UU. UCSC was aware of allegations from UU. Objection.
14 two women who reported being rendered
“incapacitated” after their drinks were See Objection No. 6
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1 Michael C. Osborne (Bar No. 95839) mosborne@cokinoslaw.com 2 Jaskiran K. Samra (Bar No. 296149) jsamra@cokinoslaw.com 3 Elaine Kobylecki (Bar No. 299311) ekobylecki@cokinoslaw.com 4 COKINOS | YOUNG 611 Gateway Blvd., Ste. 233 5 South San Francisco, CA 94080 Telephone: (628) 229-9180 6 Attorneys for Defendant 7 THETA CHI FRATERNITY, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, et al., Case No. 19CV03287 12 Plaintiff, DEFENDANT THETA CHI FRATERNITY, 13 INC.’S RESPONSE TO PLAINTIFFS’ v. SEPARATE STATEMENT OF 14 ADDITIONAL DISPUTED AND THETA CHI FRATERNITY, INC., et al. UNDISPUTED MATERIAL FACTS 15 Defendant. Hearing Date: December 9, 2022 16 Time: 8:30 a.m. Dept.: 10 17 Action Filed: October 31, 2019 18 19 Pursuant to the provisions of California Code of Civil Procedure section 437c and the 20 21 California Evidence Code, Defendant Theta Chi Fraternity, Inc. respectfully submits the following 22 responses and evidentiary objections to Plaintiffs’ Separate Statement of Additional Disputed and 23 Undisputed Material Facts, filed by Plaintiffs in opposition to Defendant Theta Chi Fraternity, 24 Inc.’s motion for summary judgment, or in the alternative, summary adjudication. 25 /// 26 /// 27 /// 28 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 PLAINTIFFS’ STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS RELEVANT TO ALL CAUSES OF ACTION 2 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting 3 Supporting Evidence Evidence 4 A. In the fall of 2017 and spring of 2018, A. Undisputed. 5 including on June 2, 2018, the Theta Iota Chapter (the “Chapter”) was a registered 6 student organization of the University of California Santa Cruz (UCSC). See 7 Canales-Molina Dep. 83:7-18 (Ex. 8 to 8 Plaintiffs’ Index of Evidence); Rojas Dep. 17:14-21, 47:7-11, 87:6-22 (Ex. 4 to 9 Plaintiffs’ Index of Evidence); Declaration of Christopher Guevara in Support of 10 Motion to Quash Service of the Summons 11 and Complaint, ¶ 4 (Ex. 9 to Plaintiffs’ Index of Evidence). 12 B. Greek organizations operating on UCSC’s B. Undisputed. campus have the option to register as 13 student organizations with UCSC. See Canales-Molina Dep. 25:4-9 (Ex. 8 to 14 Plaintiffs’ Index of Evidence). 15 C. In order to be registered with UCSC, every C. Undisputed. student organization, including fraternities, 16 has to register at the beginning of the fall. See Canales-Molina Dep. 22:18-24 (Ex. 8 17 to Plaintiffs’ Index of Evidence). D. As part of the annual registration process, D. Undisputed. 18 every student organization seeking 19 registration from UCSC has to agree to the Student Code of Conduct of UCSC. See 20 Canales-Molina Dep. 22:22-24 (Ex. 8 to Plaintiffs’ Index of Evidence). 21 E. As a condition of being a recognized E. Objection. 22 student organization at UCSC, the Chapter 23 had to affirmatively agree to abide by the See Objection No. 45 in Theta Chi Fraternity, rules that are set forth in UCSC’s Student Inc.’s Evidentiary Objections to Plaintiffs’ 24 Code of Conduct. See Sanchez Dep. Evidence Submitted in Opposition to 74:18-75:12 (Ex. 10 to Plaintiffs’ Index of Defendant’s Motion (“Theta Chi’s 25 Evidence). Evidentiary Objections”). F. The decision of a UCSC-registered Greek F. Objection. 26 organization to become a registered 27 student organization comes with certain See Objection No. 11 in Theta Chi’s responsibilities, including an agreement to Evidentiary Objections. 28 2 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 abide by UCSC’s Student Code of Conduct and to comply with UCSC’s 4 policies and campus regulations. See Canales-Molina Dep. 22:22-24, 25:10-18 5 (Ex. 8 to Plaintiffs’ Index of Evidence); Rojas Dep. 48:13-21 (Ex. 4 to Plaintiffs’ 6 Index of Evidence). 7 G. UCSC’s Student Code of Conduct sets G. Undisputed. 8 standards for safety and expectations for how each registered student organization is 9 going to operate for the safety of UCSC students. See Canales-Molina Dep. 25:19- 10 26:5 (Ex. 8 to Plaintiffs’ Index of 11 Evidence). H. One of the responsibilities a fraternity H. Objection. 12 chapter at UCSC undertakes when it decides to obtain registration as a student See Objection No. 38 in Theta Chi’s 13 organization at UCSC is ensuring the Evidentiary Objections. safety of their members and any guests 14 that are in attendance at that fraternity 15 chapter’s events. See Canales-Molina Dep. 67:11-20 (Ex. 8 to Plaintiffs’ Index 16 of Evidence). I. Under UCSC’s Code of Conduct, I. Objection. 17 members of the Chapter had a responsibility for protecting members and See Objection No. 37 in Theta Chi’s 18 guests at the events the Chapter sponsored. Evidentiary Objections. 19 See Canales-Molina Dep. 65:25-66:3 (Ex. 8 to Plaintiffs’ Index of Evidence). 20 J. Under UCSC’s policies, and as a condition J. Undisputed. of registration with UCSC, the officers and 21 authorized representatives of the Chapter 22 were, at all relevant times, responsible for planning all Chapter-sponsored events in 23 accordance with all UCSC policies and campus regulations, including the UCSC 24 Student Code of Conduct. See Rojas Dep. 49:12-16, 50:1-4 (Ex. 4 to Plaintiffs’ Index 25 of Evidence); 70.00 Policy on Registered 26 Student Organizations (Ex. 11 to Plaintiffs’ Index of Evidence). 27 K. Binge drinking and drug use were rampant K. Objection. within the Chapter and at social events of 28 3 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 the Chapter while Alex Beletsis was a See Objection No. 17 in Theta Chi’s pledge and member of the Chapter. See Evidentiary Objections. 4 Declaration of Zachary Nash Davis, ¶ 8 (Ex. 5 to Plaintiffs’ Index of Evidence). When inquired about this statement at his 5 deposition, Mr. Davis testified that he did not recall this. 6 7 Evidence: Deposition of Zachary Davis (49:22-50:1), Exhibit J to Defendant Theta 8 Chi Fraternity, Inc.’s Additional Evidence in Rebuttal to Plaintiffs’ Evidence (“Theta Chi’s 9 Rebuttal). L. Students regularly got over-intoxicated L. Objection. 10 from alcohol and/or drugs at Chapter 11 events. See Declaration of Zachary Nash See Objection No. 17 in Theta Chi’s Davis, ¶ 8 (Ex. 5 to Plaintiffs’ Index of Evidentiary Objections. 12 Evidence). M. During social events of the Chapter while M. Objection. 13 Alex Beletsis was a pledge and member, 14 pledges and members regularly used See Objection Nos. 17, 31, 58 and 59, in drugs, became extremely intoxicated, Theta Chi’s Evidentiary Objections. 15 vomited, and/or passed out and were laid on their side by fraternity members to The cited evidence from Declaration of Rafael 16 avoid choking on their vomit. See Garcia, Jr. does not actually establish the Declaration of Zachary Nash Davis, ¶ 8 alleged fact. 17 (Ex. 5 to Plaintiffs’ Index of Evidence); 18 Declaration of Rafael Garcia, Jr., ¶¶ 16-17 The cited depositions testimonies by Jordan (Ex. 12 to Plaintiffs’ Index of Evidence); Takayama and Leon Burns do not support that 19 see also Burns Dep. 186:7-190:12 (Ex. 6 these allegations occurred at every social to Plaintiffs’ Index of Evidence); event, as implied in this alleged fact. 20 Takayama Dep. 99:3-101:11 (Ex. 13 to Plaintiffs’ Index of Evidence). 21 N. Approximately three weeks before Alex N. Objection. 22 Beletsis’ death, Alex reached out to Zachary Nash Davis, a member of the See Objection Nos. 19 and 26, in Theta Chi’s 23 Chapter’s executive board, and expressed Evidentiary Objections. concerns to Mr. Davis about developing 24 substance-abuse issues because of all the partying and alcohol and drug use in the 25 Chapter. See Declaration of Zachary Nash 26 Davis, ¶¶ 10, 21 (Ex. 5 to Plaintiffs’ Index of Evidence). 27 O. The executive board members of the O. Objection. Chapter discussed and planned the 28 4 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 Crossover Ceremony and Big Brother See Objection No. 22, in Theta Chi’s Night events that were held on June 2, Evidentiary Objections. 4 2018, at 636 Market Street, Santa Cruz, CA. See Declaration of Zachary Nash Per Mr. Davis’ own declaration, he makes it 5 Davis, ¶ 14 (Ex. 5 to Plaintiffs’ Index of clear that he did “not specifically recall Evidence). whether the events in June 2018 were 6 discussed and planned by the executive board 7 and fraternity members” but goes on to speculate that they were “based upon my 8 knowledge of how things worked.” 9 Evidence: Paragraph 13 of Declaration of Zachary Davis, Exhibit 5 to Plaintiffs’ Index 10 of Evidence. 11 P. Between at least the spring of 2017 and up P. Objection. to and including June 2, 2018, the 12 Crossover Ceremony was a fraternity See Objection No. 13 in Theta Chi’s event of the Chapter where pledges Evidentiary Objections. 13 formally became members of the Chapter at the conclusion of pledging. See 14 Declaration of Zachary Nash Davis, ¶ 4 15 (Ex. 5 to Plaintiffs’ Index of Evidence). Q. During the Crossover Ceremony, it was a Q. Undisputed. (Alex was not a pledge.) 16 ritual that the pledges assemble in a circle and pass a handle of Jägermeister, which 17 was to be finished by the pledges. See 18 Declaration of Zachary Nash Davis, ¶ 4 (Ex. 5 to Plaintiffs’ Index of Evidence). 19 R. Miguel Saldivar, Jr. picked up and drove R. Objection. Alex Beletsis to the to the June 2, 2018 20 Crossover Ceremony that the Theta Iota See Objection Nos. 60, 61 and 63 in Theta Chapter held at 626 Market Street, Santa Chi’s Evidentiary Objections. 21 Cruz, CA, a “satellite house” of the 22 Chapter. See Saldivar Dep. 41:8-21 Plaintiffs’ allegation that the 626 Market (Ex.14 to Plaintiffs’ Index of Evidence). Street, Santa Cruz, CA address was a 23 When Mr. Saldivar picked up Alex on “satellite house” of the Chapter is not June 2, 2018, he “seemed normal,” and supported by any of the cited supporting 24 “just like normal, nonchalant,” and not evidence. Nowhere does Mr. Saldivar refer to inebriated to Mr. Saldivar. See id. 42:13- this house as somehow associated with the 25 43:12, 95:3-15. Chapter. 26 S. Alex Beletsis did not bring alcohol to the S. Undisputed. June 2, 2018 Crossover Ceremony that the 27 Theta Iota Chapter held at 626 Market Street, Santa Cruz, CA. See Saldivar Dep. 28 5 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 45:23-25 (Ex. 14 to Plaintiffs’ Index of Evidence). 4 T. During the June 2, 2018 Crossover T. Undisputed. Ceremony that the Chapter hosted at 636 5 Market Street, Santa Cruz, CA, the pledges assembled in a circle and passed a 6 handle of Jägermeister, which was to be 7 finished by the pledges. See Declaration of Zachary Nash Davis, ¶¶ 4, 14 (Ex. 5 to 8 Plaintiffs’ Index of Evidence). U. Alex Beletsis, along with other members U. Undisputed. 9 and pledges of the Chapter, drank Jägermeister after the June 2, 2018 10 Crossover Ceremony. See Burns Dep. 11 68:18-70:24, 73:5-18 (Ex. 6 to Plaintiffs’ Index of Evidence). 12 V. The Chapter also held a Big Brother Night V. Undisputed. on June 2, 2018, at 636 Market Street, 13 Santa Cruz, CA. See Declaration of 14 Zachary Nash Davis, ¶ 14 (Ex. 5 to Plaintiffs’ Index of Evidence). 15 W. During the June 2, 2018 Big Brother Night W. Undisputed. ritual that the hosted at 636 Market Street, 16 Santa Cruz, CA, the Chapter’s family drinks were there, and new family 17 members and members began drinking the 18 alcohol per the Chapter’s rituals. See Declaration of Zachary Nash Davis, ¶ 14 19 (Ex. 5 to Plaintiffs’ Index of Evidence). X. Alex Beletsis belonged to the Johnny X. Undisputed. 20 Walker Black alcohol family in the Theta Iota Chapter, and the alcoholic “family 21 drink” of that family was Johnny Walker 22 Black. See Responses of Defendant Christopher Guevara to Plaintiffs’ Special 23 Interrogatories No. 25-26, 29-30 (Ex. 15 to Plaintiffs’ Index of Evidence). 24 Y. The June 2, 2018 crossover ceremony Y. Objection. 25 celebration event that the Chapter held at 511 Broadway Street, Santa Cruz, CA See Objection No. 22 in Theta Chi’s 26 90506, was planned by the executive Evidentiary Objections.. board and other members of the Theta Iota 27 Chapter. See Declaration of Zachary Nash Per Mr. Davis’ own declaration, he makes it Davis, ¶ 14 (Ex. 5 to Plaintiffs’ Index of clear that he did “not specifically recall 28 6 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 Evidence). whether the events in June 2018 were discussed and planned by the executive board 4 and fraternity members” but goes on to speculate that they were “based upon my 5 knowledge of how things worked.” 6 Evidence: Paragraph 13 of Declaration of 7 Zachary Davis, Exhibit 5 to Plaintiffs’ Index of Evidence. 8 Z. The executive board members of the Z. Objection. Chapter knew that the June 2, 2018 9 crossover ceremony celebration event at See Objection No. 22 in Theta Chi’s 511 Broadway Street, Santa Cruz, CA Evidentiary Objections. 10 90506, would follow the June 2, 2018 11 Crossover Ceremony and Big Brother Per Mr. Davis’ own declaration, he makes it Night events that the Chapter held at 636 clear that he did “not specifically recall 12 Market Street, Santa Cruz, CA. See whether the events in June 2018 were Declaration of Zachary Nash Davis, ¶ 14 discussed and planned by the executive board 13 (Ex. 5 to Plaintiffs’ Index of Evidence). and fraternity members” but goes on to speculate that they were “based upon my 14 knowledge of how things worked.” 15 Evidence: Paragraph 13 of Declaration of 16 Zachary Davis, Exhibit 5 to Plaintiffs’ Index of Evidence. 17 AA. One witness testified that Alex Beletsis AA. Objection. 18 drank Jägermeister in the car from the Crossover Ceremony to the crossover See Objection No. 62 in Theta Chi’s 19 ceremony celebration event held at 511 Evidentiary Objections. Broadway Street, Santa Cruz, CA, on June 20 2, 2018, while another witness testified that he did not think Alex drank 21 Jägermeister on the car ride to the 22 celebration event. See Burns Dep. 77:22- 78:25 (Ex. 6 to Plaintiffs’ Index of 23 Evidence); Saldivar Dep. 93:22-94:13 (Ex. 14 to Plaintiffs’ Index of Evidence). 24 BB. Alex Beletsis did not bring alcohol into BB. Objection. the June 2, 2018 crossover ceremony 25 celebration event that the Chapter held at See Objection No. 63 in Theta Chi’s 26 511 Broadway Street, Santa Cruz, CA. Evidentiary Objections. See Burns Dep. 79:18-80:8 (Ex. 6 to 27 Plaintiffs’ Index of Evidence); Saldivar Dep. 95:12-15 (Ex. 14 to Plaintiffs’ Index 28 7 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 of Evidence). CC. There was an open bar at the June 2, CC. Objection. 4 2018 crossover ceremony celebration event held at 511 Broadway Street, Santa See Objection Nos. 33 and 55 in Theta Chi’s 5 Cruz, CA, with alcohol supplied by Evidentiary Objections. Chapter members and, potentially, the 6 Chapter itself. See Declaration of Rafael Undisputed that the “alcoholic drinks were 7 Garcia, Jr., ¶ 9 (Ex. 12 to Plaintiffs’ Index setup at the bar and guests could just grab a of Evidence); Leon Burns Dep. 81:4-82:4 beer or grab a shot of liquor” and “Leon 8 (Ex. 6 to Plaintiff’s Index of Evidence). Burns, who was under 21 years of age and The only alcohol available to drink at the who made two trips to the bar during the 9 crossover celebration event was on the bar event, did not see anyone at the event inside the residence at 511 Broadway checking IDs.” 10 Street, Santa Cruz, CA. See Leon Burns 11 Dep. 209:22-210:2 (Ex. 6 to Plaintiff’s Index of Evidence). The alcoholic drinks 12 were setup at the bar and guests could just grab a beer or grab a shot of liquor. See id. 13 210:4-12. Leon Burns, who was under 21 years of age and who made two trips to the 14 bar during the event, did not see anyone at 15 the event checking IDs. See id. 210:16- 211:4. 16 DD. On June 2, 2018, Leon Burns observed DD. Undisputed. Alex Beletsis drinking alcohol from a red 17 solo cup inside the residence at 511 18 Broadway Street, Santa Cruz, CA. See Leon Burns Dep. 97:8-16 (Ex. 6 to 19 Plaintiff’s Index of Evidence). EE. On June 2, 2018, Leon Burns observed EE. Objection. 20 Derek King, a member of the fraternity and resident of 511 Broadway Street, See Objection No. 56 in Theta Chi’s 21 Santa Cruz, CA 90506, inside his bedroom Evidentiary Objections. 22 making lines of cocaine for people at the party to snort. See Leon Burns Dep. The cited Leon Burns testimony to support 23 220:25-221:6 (Ex. __ to Plaintiffs’ Index that Derek King was making lines of cocaine of Evidence. (Ex. 6 to Plaintiffs’ Index of for people at the party to snort, also adds that 24 Evidence). It was common knowledge Mr. Alex Beletsis also made lines of cocaine. within the Chapter that some members 25 used cocaine, and that those some Additionally, the declaration of Rafael Garcia, 26 members might have or use cocaine at the Jr. cited to support the alleged fact that “it was June 2, 2018 crossover ceremony common knowledge within the Chapter that 27 celebration event held at Defendant some members used cocaine, and that those Kahlon’s residence. See Declaration of some members might have or use cocaine at 28 8 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 Rafael Garcia, Jr., ¶ 10 (Ex. 12 to the June 2, 2018 crossover ceremony Plaintiffs’ Index of Evidence). celebration” further adds that Mr. Rafael 4 Garcia, Jr. did not actually witness any cocaine or anybody using cocaine at the 5 event. Therefore, Mr. Rafael Garcia, Jr.’s actual perception trumps his speculation. 6 FF. On June 2, 2018, Alex Beletsis consumed FF. Undisputed. 7 cocaine while he was in Derek King’s bedroom at the residence of 511 Broadway 8 Street, Santa Cruz, CA 90506. See Burns Dep. 94:15-21 (Ex. 6 to Plaintiffs’ Index 9 of Evidence); Records from Santa Clara Valley Center at pp. 317-18, 608, 760 (Ex. 10 16 to Plaintiffs’ Index of Evidence). 11 GG. On June 2, 2018, before Alex Beletsis GG. Objection. consumed cocaine at the residence of 511 12 Broadway Street, Santa Cruz, CA 90506, See Objection No. 28 in Theta Chi’s Mr. Burns observed him “swaying side to Evidentiary Objections. 13 side,” and Alex told Mr. Burns that he did 14 not think he could talk on the phone. See Burns Dep. 87:16-88:18 (Ex. 6 to 15 Plaintiffs’ Index of Evidence). HH. On June 2, 2018, after Alex Beletsis HH. Undisputed. 16 consumed cocaine at the residence of 511 Broadway Street, Santa Cruz, CA 90506, 17 Mr. Burns observed Alex get “this face 18 that he does when he gets upset, and it can be almost, like, mad-dogging someone,” 19 and he walked Alex to a second-floor bathroom, which Alex entered and closed 20 the door. See Burns Dep. 96:14-97:7, 100:11-17 (Ex. 6 to Plaintiffs’ Index of 21 Evidence). 22 II. On June 2, 2018, a couple of minutes after II. Undisputed. Alex Beletsis entered the second-floor 23 bathroom at the residence of 511 Broadway Street, Santa Cruz, CA 90506, 24 Alex fell out of the bathroom window and onto the street. See Burns Dep. 102:14-23 25 (Ex. 6 to Plaintiffs’ Index of Evidence). 26 JJ. Mr. Burns testified that he told UCSC that JJ. Undisputed. Alex Beletsis would never have gone out 27 of the window if he was not on the drugs he was on June 2, 2018. See Burns Dep. 28 9 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 146:12-24 (Ex. 6 to Plaintiffs’ Index of Evidence). 4 KK. On June 2, 2018, at approximately KK. Undisputed. 12:24 AM, a blood sample from Alex was 5 collected by a registered nurse at Santa Clara Valley Medical Center for a Blood 6 Alcohol Screen. See Records from Santa 7 Clara Valley Center at pp. 317, 327, 334, 755-56 (Ex. 16 to Plaintiffs’ Index of 8 Evidence). LL. The final result of the Blood Alcohol LL. Undisputed. 9 Screen on a blood sample collected from Alex – which was conducted by the VMC 10 Lab at the Santa Clara Valley Medical 11 Center – was an ethanol level of 318 mg/dL, or a blood alcohol content of 12 0.318. See Records from Santa Clara Valley Medical Center at pp. 317, 334, 13 608, 755-56 (Ex. 16 to Plaintiffs’ Index of 14 Evidence). MM. Alex’s blood alcohol content, as MM. Undisputed. 15 measured in the Blood Alcohol Screen on June 3, 2018, was almost four times the 16 legal limit in California. See Veh. Code § 23152(b) (it is unlawful for a person who 17 has a blood alcohol level of 8 mg/dL or 18 more to drive a vehicle). Plaintiffs respectfully request that the 19 Court take judicial notice of Veh. Code § 23152(b) pursuant to Evid. Code § 451(a). 20 Plaintiffs further respectfully request that the Court take judicial notice of the fact 21 that Alex’s blood alcohol content, as 22 measured in the Blood Alcohol Screen on June 3, 2018, was almost four times the 23 legal limit in California, because that fact is not reasonably subject to dispute and is 24 capable of immediate and accurate determination by resort to sources of 25 reasonably indisputable accuracy. See 26 Evid. Code § 452(h). 27 NN. On June 3, 2018, at approximately NN. Undisputed. 2:08 AM, a sample of Alex’s urine was 28 10 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 collected by a registered nurse at Santa Clara Valley Medical Center for a drug of 4 abuse rapid screen. See Records from Santa Clara Valley Center at pp. 317, 760 5 (Ex. 16 to Plaintiffs’ Index of Evidence). OO. On June 3, 2018, a drug of abuse rapid OO. Undisputed. 6 screen of the urine collected from Alex 7 was conducted by the VMC Lab at the Santa Clara Valley Medical Center. See 8 Records from Santa Clara Valley Center at p. 760 (Ex. 16 to Plaintiffs’ Index of 9 Evidence). PP. The drug of abuse rapid screen of the urine PP. Undisputed. 10 collected from Alex was: negative for 11 amphetamines; negative for barbiturates; negative for benzodiazepines; positive for 12 cocaine; negative for opiates; negative for phencyclidine (PCP); and negative for 13 oxycodone. See Records from Santa Clara 14 Valley Center at pp. 317-18, 608, 760 (Ex. 16 to Plaintiffs’ Index of Evidence). 15 QQ. Xanax is a benzodiazepine. See U.S. QQ. Undisputed. Drug Enforcement Administration 16 Benzodiazepines Information Sheet (Ex. 17 to Plaintiffs’ Index of Evidence). 17 Plaintiffs respectfully request, pursuant to 18 Evid. Code § 453, that the Court take judicial notice of this fact, which is both (1) 19 a fact of generalized knowledge so universally known that it cannot reasonably 20 be the subject of dispute; and (2) a fact that is not reasonably subject to dispute and is 21 capable of immediate and accurate 22 determination by resort to sources of reasonably indisputable accuracy. See 23 Evid. Code §§ 451(f), 452(h). 24 RR. On June 20, 2018, Alex died as a result RR. Undisputed. of the blunt force injury to the head with 25 skull fracture that he sustained when, on 26 June 2, 2018, he fell from the window of 511 Broadway Street, Santa Cruz, CA. 27 See Certified Certificate of Death of Alexander Beletsis (Ex. 18 to Plaintiffs’ 28 11 DEFENDANT THETA CHI FRATERNITY, INC.’S RESPONSE TO PLAINTIFFS’ SEPARATE STATEMENT OF ADDITIONAL DISPUTED AND UNDISPUTED MATERIAL FACTS 1 Plaintiffs’ Additional Material Facts and Defendant’s Response and Supporting Supporting Evidence Evidence 2 3 Index of Evidence). SS. At all relevant times, the Theta Iota SS. Undisputed. 4 Chapter (the “Chapter”) was an unincorporated association, without a 5 designated agent for service of process. See Declaration of Christopher Guevara in 6 Support of Motion to Quash Service of the 7 Summons and Complaint, ¶ 5 (Ex. 9 to Plaintiffs’ Index of Evidence). 8 TT. Approximately two years before the death TT. Objection. of Alex Beletsis, UCSC suspended the 9 Chapter following multiple dangerous See Objection No. 64 in Theta Chi’s infractions. See 7/5/2016 UCSC Appeal Evidentiary Objections. 10 Denial Letter (UCSC Subpoena 11 Production p. 8-12) (Ex.19 to Plaintiffs’ Furthermore, the cited document in support of Index of Evidence). this alleged fact does not reference any 12 violations as “dangerous infractions” as concluded by plaintiff. 13 UU. UCSC was aware of allegations from UU. Objection. 14 two women who reported being rendered “incapacitated” after their drinks were See Objection No. 6