Preview
1 Michael C. Osborne (Bar No. 95839)
mosborne@cokinoslaw.com
2 Elaine Kobylecki (Bar No. 299311)
ekobylecki@cokinoslaw.com
3 COKINOS | YOUNG
611 Gateway Blvd., Ste. 233
4 South San Francisco, CA 94080
Telephone: (628) 229-9280
5
Attorneys for Defendant
6 THETA CHI FRATERNITY, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff, INDEX OF EXHIBITS AND EVIDENCE IN
SUPPORT OF DEFENDANT THETA CHI
13 v. FRATERNITY, INC.’S MOTION FOR
SUMMARY JUDGMENT OR, IN THE
14 THETA CHI FRATERNITY, INC., et al. ALTERNATIVE, SUMMARY
ADJUDICATION
15 Defendant.
Date: May 6, 2022
16 Time: 8:30 AM
Dept.: 10
17
Action Filed: October 31, 2019
18 Trial Date: June 20, 2022
19
20 Pursuant to California Rule of Court 3.1350(g), Defendant THETA CHI FRATERNITY,
21 INC. hereby submits the following separately bound exhibits and evidence in support of its Motion
22 for Summary Judgment or, In The Alternative, Summary Adjudication, filed concurrently herewith.
23 //
24 //
25 //
26 //
27 //
28 //
INDEX OF EXHIBITS AND EVIDENCE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 TABLE OF CONTENTS
2 Exhibit A: Plaintiffs’ First Amended Complaint, filed February 5, 2020.
3 Exhibit B: True and correct copy of excerpts from Leon Burns’ Deposition Transcript.
4 Exhibit C: True and correct copy of excerpts from Mathieu Turk’s Deposition
5 Transcript.
6 Exhibit D: True and correct copy of excerpts from Miguel Saldivar’s Deposition
7 Transcript.
8 Exhibit E: True and correct copy of excerpts from Sophia Beletsis’ Deposition
9 Transcript.
10 Exhibit F: True and correct copy of excerpts from Jose Sanchez’s Deposition
11 Transcript.
12 Exhibit G: True and correct copy of excerpts from Jordan Takayama’s Deposition
Transcript.
13
Exhibit H: True and correct copy of excerpts from Zachary Davis’ Deposition
14
Transcript.
15
Exhibit I: True and correct copy of excerpts from Rafael Garcia, Jr.’s Deposition
16
Transcript.
17
18
19 Dated: February 15, 2022 COKINOS | YOUNG
20
21
Michael C. Osborne
22 Elaine Kobylecki
Attorneys for Defendant
23 THETA CHI FRATERNITY, INC.
24
25
26
27
28
2
INDEX OF EXHIBITS AND EVIDENCE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
EXHIBIT A
ELECTRONICALLY FILED
Superior Court of California
1 THE FIERBERG NATIONAL LAW GROUP, PLLC County of Santa Cruz
DOUGLAS E. FIERBERG (admitted pro hac vice) 2/5/2020 3:40 PM
2 dfierberg@tfnlgroup.com Alex Calvo, Clerk
JONATHON N. FAZZOLA (admitted pro hac vice) By: Helena Hanson, Deputy
3 jfazzola@tfnlgroup.com
LISA N. CLOUTIER (admitted pro hac vice)
4 lcloutier@tfnlgroup.com
161 East Front Street, Suite 200
5 Traverse City, MI 49684
Telephone: (202) 351-0510
6 Fax: (231) 252-8100
7 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
8 labar@sawyerlabar.com
201 Mission Street, Suite 2240
9 San Francisco, California 94105
Telephone: (415) 262-3820
10
Attorneys for Plaintiffs
11 DAPHNE BELETSIS
YVONNE RAINEY
12
13 SUPERIOR COURT OF CALIFORNIA
14 COUNTY OF SANTA CRUZ
15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
16 ALEXANDER BELETSIS, and FIRST AMENDED COMPLAINT FOR
YVONNE RAINEY, surviving parent of WRONGFUL DEATH AND SURVIVAL
17 ACTION BASED ON:
ALEXANDER BELETSIS, deceased
18 (1) NEGLIGENCE (Failure to Manage
Plaintiffs, and Supervise);
19 vs.
(2) NEGLIGENCE;
20 THETA CHI FRATERNITY, INC., a New
(3) NEGLIGENT UNDERTAKING;
York corporation, individually, as a member of
21
and t/a the Theta Iota Chapter, University of (4) NEGLIGENCE (Assumed Duties);
22 California, Santa Cruz, as a member of the
fraternal order known as Theta Chi Fraternity, (5) NEGLIGENCE (Duty to Prevent
23 and as an alter-ego and successor entity of the Harm);
Theta Iota Chapter of Theta Chi Fraternity;
24 THETA IOTA CHAPTER OF THETA CHI (6) SOCIAL HOST LIABILITY FOR
FURNISHING ALCOHOL TO PERSON
25 FRATERNITY, individually, and as an and UNDER 21 YEARS OF AGE; and
agent and alter-ego of Theta Chi Fraternity, Inc.;
26 CHRISTOPHER GUEVARA, individually, and (7) PREMISES LIABILITY
as an agent/member of Theta Chi Fraternity,
27 Inc. and Theta Iota Chapter of Theta Chi JURY TRIAL DEMANDED
Fraternity;
28 BRAD VISACKI, individually, and/or as an
FIRST AMENDED COMPLAINT
1 agent/member of Theta Chi Fraternity, Inc. and
Theta Iota Chapter of Theta Chi Fraternity;
2 JORDAN KEIICHI TAKAYAMA,
individually, and as an agent/member of Theta
3
Chi Fraternity, Inc. and Theta Iota Chapter of
4 Theta Chi Fraternity;
ZACHARY NASH DAVIS, individually, and as
5 an agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi Fraternity;
6 NAJPREET SINGH KAHLON, individually,
and as an agent/member of Theta Chi Fraternity,
7
Inc. and Theta Iota Chapter of Theta Chi
8 Fraternity;
STEFAN MATIAS LEON, individually, and as
9 an agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi Fraternity;
10 MOISES FRANCISCO TENORIO GARCIA,
11 individually, and as an agent/member of Theta
Chi Fraternity, Inc. and Theta Iota Chapter of
12 Theta Chi Fraternity;
RAFAEL GARCIA, individually, and as an
13 agent/member of Theta Chi Fraternity, Inc. and
Theta Iota Chapter of Theta Chi Fraternity;
14 EMMANUEL THOMAS, individually, and as
15 an agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi Fraternity;
16 BOBBY KARKI, individually, and as an
agent/member of Theta Chi Fraternity, Inc. and
17 Theta Iota Chapter of Theta Chi Fraternity;
DEREK KING, individually, and as an
18 agent/member of Theta Chi Fraternity, Inc. and
19 Theta Iota Chapter of Theta Chi Fraternity;
JOHN DYLAN LEITCH, individually, and as
20 an agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi Fraternity;
21 QUINN MCLAUGHLIN, individually and as
Trustee of the QUINN M. MCLAUGHLIN
22
LIVING TRUST, 117 Pasture Rd., Santa Cruz,
23 CA 95060; and
JOHN DOES 1 through 10, inclusive,
24 individually, and as agents/members of Theta
Chi Fraternity, Inc. and Theta Iota Chapter of
25 Theta Chi Fraternity;
26
Defendants.
27
28
2
FIRST AMENDED COMPLAINT
1 INTRODUCTION
2 1. For years, the Theta Iota chapter of Theta Chi (the “Chapter” or “Theta Chi
3 Chapter”) at the University of California, Santa Cruz (the “University” or “UCSC”) engaged in
4 documented dangerous hazing, unlawful distribution of drugs and service of alcohol, obstruction
5 of University operations, civil disturbances and destruction of property in the community, and
6 other misconduct which threatened the health and safety of students. Dangerous misconduct by
7 chapters – members of the fraternal order known as Theta Chi Fraternity (the “Fraternity”) – have
8 previously caused numerous injuries and deaths, including the hazing death of Philip Dhanens in
9 2012 at the California State University, Fresno.
10 2. At Santa Cruz, time and again the University conducted investigations, overcame
11 lies and obstructions by Chapter officers and members, and disciplined the Chapter multiple times
12 for violating the University’s Student Policies and Regulations Handbook (“University Policies”).
13 On May 5, 2016, in order to protect students and the campus community, the University imposed
14 sanctions that included the extreme measures of revoking the Chapter’s University registration and
15 banning it from campus for one year. The Chapter’s registration and permission to recruit new
16 members was reinstated in Fall 2017, immediately prior to Alexander Beletsis’s (“Alex”) hazing
17 and initiation into the Fraternity, after active advocacy by Theta Chi Fraternity, Inc. (“Theta Chi
18 National”), a controlling member of the Fraternity and Chapter.
19 3. As part of that advocacy, Theta Chi National affirmatively represented to the
20 University that it would undertake steps and actions to help address the pattern of known
21 misconduct at the Chapter and improve and reform the Chapter and make it safe for students, so
22 long as the University permitted the Chapter to continue to recruit new members for the Fraternity,
23 thus ensuring a continued revenue stream from the Chapter to Theta Chi National.
24 4. Among other things, Theta Chi National’s Director of Collegiate Services advised
25 the University that it was her “sincere hope that we can remain on campus and continue to recruit
26 in order to accomplish this goal.” The Director of Collegiate Services touted the Chapter’s
27 purportedly “strong support base through their alumni, the International Headquarters and our
28 Field Executive Program,” and affirmatively represented to the University that “[s]hort of
3
FIRST AMENDED COMPLAINT
1 recruitment sanctions,” Theta Chi National “would be open to whatever the university deemed
2 appropriate and would commit to supporting those [sanctions] with the time and resources of our
3 staff and alumni,” with the Director of Collegiate Services “as the main point of contact.” Theta
4 Chi National also sent the University “a letter of potential action items that we would put in place
5 once the interim suspension is lifted.”
6 5. Despite these representations and purported commitments, and the
7 acknowledgement by Theta Chi National that the Chapter needed support from “alumni,” Theta
8 Chi National, and Theta Chi National’s “Field Executive Program,” Theta Chi National never
9 compelled its Chapter to implement meaningful reforms to make it safe for its members or future
10 members or pledges, like Alex, despite having the power, authority, and legal obligation under
11 California law to do so, including after it had undertaken to help address the pattern of known
12 misconduct at the Chapter and improve and reform the Chapter and make it safe for students,
13 undertakings that Theta Chi National recognized, or should have recognized, were necessary for
14 the safety and protection of students who pledged or belonged to the Chapter and/or attended
15 Chapter events.
16 6. As a result, in the first semester the Chapter returned to campus, the Chapter and
17 Fraternity members who belonged to the Chapter immediately resumed their dangerous
18 misconduct, including the dangerous and egregious hazing of Alex.
19 7. Upon information and belief, the University would not have allowed the Chapter to
20 recruit members in Fall 2017, when Alex was recruited and hazed, but for Theta Chi National’s
21 assurances that it would commit and provide support and resources to address the pattern of
22 known misconduct at the Chapter and improve and reform the Chapter and make it safe for
23 students.
24 8. Neither the Chapter nor Theta Chi National published or disclosed truthful
25 information about the Chapter’s disciplinary history or the misconduct and risks the Chapter posed
26 to members and prospective members, like Alex.
27 9. In Fall 2017, Alex sought to join the Fraternity through a pledge process dictated
28 by Theta Chi National and conducted by the Chapter. As the University advises new students,
4
FIRST AMENDED COMPLAINT
1 Greek Life promotes “high academic achievement through activities such as study jams, academic
2 mentors, workshops, networking, and alumni career advising.” Because Theta Chi National and
3 the Chapter keep secret incidents of misconduct and other important risk information, Alex and his
4 family knew nothing about the dangerous history of misconduct of the Chapter, that the Chapter
5 had longstanding pledge rituals designed to “break down” and haze pledges, or that pledging the
6 Fraternity had fairly recently resulted in the death of at least one student in California.
7 10. Alex and his fellow pledges were dangerously and violently hazed, including by,
8 and/or at the direction or with the permission of, the Chapter’s officers.
9 11. After Alex obtained membership in the Fraternity, he was being groomed for an
10 officer position in the spring of 2018. Again, Alex was required to participate in dangerous
11 hazing, including being forced to consume large amounts of alcohol, by and/or at the direction or
12 with the permission of the Defendants who served as Chapter officers, Chapter President
13 Christopher Andrew Guevara (“Guevara”), Chapter Vice President Jordan Keiichi Takayama
14 (“Takayama”), Vice President of Health and Safety Zachary Nash Davis (“Davis”), Treasurer
15 Najpreet Singh Kahlon (“Kahlon”), Secretary Stefan Matias Leon (“Leon”), Marshal Moises
16 Francisco Tenorio Garcia (“Tenorio Garcia”), and Student Government Representative Rafael
17 Garcia (“Garcia”) (collectively, “Officer Defendants”). Many vomited while surrounded by
18 fraternity members chanting “Come on, drink more.” Students were physically assaulted if any
19 one of them failed to correctly recite Chapter traditions. Students were forced to perform grueling
20 calisthenics as fraternity brothers screamed that anyone who failed was, among other things, a
21 “pussy” and “faggot.” Fraternity brothers also verbally berated pledges, yelling “You mother
22 fucker, you are weak,” and “Don’t be a Jew, don’t puss out of this.”
23 12. On June 2, 2018, the Chapter planned its Pledge Crossover Ceremony and other
24 membership rituals and events to celebrate conveying membership in the Fraternity. The
25 Ceremony, rituals and events on June 2, 2018, were approved by, and planned at the direction of,
26 the Officer Defendants, all of whom knew the Ceremony, rituals and events would involve hazing
27 and other misconduct, including the provision of drugs and alcohol to persons under 21 years of
28 age.
5
FIRST AMENDED COMPLAINT
1 13. Theta Chi National knows that such a night becomes one of “three deadly nights” if
2 it involves hazing and, in particular, the presence of alcohol and drugs. Theta Chi National knows
3 about the “three deadly nights” because its former long-term Executive Director and decorated
4 member, David Westol, coined this phrase decades ago and documented these particular risks in
5 the fraternity industry. Westol opined: “If a chapter allows alcohol into a bid night event, big
6 brother/sister night, or pre-initiation, that chapter has set the stage for tragedy.” Philip Dhanens
7 died in 2012 while pledging the Fraternity at California State University, Fresno, when fraternity
8 members compelled him and other pledges to consume dangerous quantities of hard alcohol on
9 “bid night,” the first of the “three deadly nights.”
10 14. At the Crossover Ceremony, Alex and others were provided multiple types of
11 alcohol, including shots of vodka, and instructed to drink. Alex became visibly and extremely
12 inebriated. Alex was slurring his words. The Chapter completed the Ceremony and directed Alex
13 and others to attend the fraternity-wide celebration, a ritual hosted by the Chapter at the residence
14 of the Chapter President, Defendant Guevara, at 511 Broadway, Santa Cruz. That residence,
15 occupied exclusively by Defendant Guevara and other fraternity members including Defendant
16 Kahlon, Defendant Emmanuel Thomas (“Thomas”), Defendant Bobby Karki (“Karki”), Defendant
17 Derek King (“King”), and Defendant John Dylan Leitch (“Leitch”) (Defendants Kahlon, Thomas,
18 Karki, King and Leitch are collectively referred to herein as the “House Resident Defendants”),
19 was a satellite house for the Chapter and Chapter events, and had been the scene of at least eight
20 emergency calls during the preceding 18 months, including one for a party/disturbance. Alex was
21 driven to that part of the fraternity pledge ritual as his physical condition was compromised as a
22 result of the Crossover Ceremony.
23 15. At the satellite fraternity house, Alex’s condition worsened, yet the House Resident
24 Defendants, and other Individual Defendants and fraternity brothers continued to ply him with
25 alcohol, despite knowing that he was under 21 years of age, and then drugs. Alex was visibly
26 incoherent, and mentally and physically unstable. Fraternity members directed him to a bathroom,
27 purportedly to settle down his erratic behavior. Fraternity members failed to provide him the care
28 and protection he needed under the circumstances created from the hazing by the Chapter and its
6
FIRST AMENDED COMPLAINT
1 members. Behind the closed door of the bathroom, Alex fell from the second story window,
2 landing on concrete below.
3 16. Alex’s skull was shattered, and he sustained severe brain and spinal cord injuries
4 from the fall and remained in the hospital for 18 days before medical personnel advised the family
5 that he would not recover. Alex’s family removed life support and permitted him to pass.
6 17. The window at the satellite fraternity house from which Alex fell was in defective
7 condition and, in and of itself given its low height, size, and related factors a dangerous condition
8 of the property which, upon information and belief, was known by the Defendant Quinn
9 McLaughlin, individually and as the Trustee of the Quinn M. McLaughlin Living Trust
10 (collectively, “Landlord”), within its ability to repair by the exercise of reasonable care, the failure
11 of which by the Landlord being a cause of Alex’s death. Upon information and belief, Defendant
12 Landlord was also aware of the dangerous activities in the premises, likely complaints from
13 neighbors regarding the dangerous and disruptive conduct therein, but failed to exercise
14 reasonable care to control the use of the property to make it safe for visitors, such as Alex, the
15 failure of which being a cause of Alex’s death.
16 18. Within days of Alex’s hospitalization, the University began a legally authorized
17 investigation into the cause and circumstances of Alex’s death. Theta Chi National sent a senior
18 representative to Santa Cruz to meet with Chapter officers and members. On June 13, 2018, the
19 Chapter held a mandatory meeting and included the following statements in the formal minutes of
20 that meeting:
21 “Crucial not to provide information.”
22 “The university does not have much information.”
23 “I don’t know is an intelligent answer.”
24 “We are being supported by our nationals.”
25 “JA Party is still pending.”
26 All Chapter members were instructed via their closed Facebook page to “Keep your fucking
27 mouth shut about the entire situation!”
28
7
FIRST AMENDED COMPLAINT
1 19. At the outset of the University’s investigation, on or around June 8, 2018, Theta
2 Chi National’s Executive Director, Michael Mayer, contacted the University and, either directly or
3 through another employee acting under his direction and authority, falsely declared that Alex’s
4 death was not connected to a Chapter event. On July 6, 2018, the University met with the
5 Chapter’s President, Defendant Guevara, who reiterated this false statement. Upon information
6 and belief, these identical false statements reveal the Chapter “being supported by our nationals,”
7 by, in part, coordinated efforts and a conspiracy between Theta Chi National, the Chapter, and
8 members to hide the truth from the University, the police, and Alex’s family.
9 20. The University investigation ultimately revealed multiple attempts by Chapter
10 officers and members to undermine the University’s efforts to uncover the cause and
11 circumstances of Alex’s death. The University pried the facts from mostly uncooperative
12 fraternity members in an investigation spanning almost one year. By report dated April 3, 2019,
13 the University specifically concluded that the events leading up to and causing Alex’s death were
14 hosted by the Chapter. The investigation revealed that “deeply appalling behavior” preceded and
15 caused the death of Alex, including hazing, misuse of alcohol and drugs, and fabricating and
16 furnishing false information. The University revoked recognition of the Chapter as a Registered
17 Campus Organization, and, upon information and belief, sanctioned Chapter officers and
18 members. Upon information and belief, Theta Chi National has continued its support of the
19 individual officers and members, including the Officer Defendants, all of whom remained officers
20 of the Chapters until at least December 25, 2018, Defendant Visacki, and House Resident
21 Defendants (collectively, “Individual Defendants”), all of whom were likely conveyed alumni
22 member status, and has, therefore, ratified the misconduct which its conspiracy could not prevent
23 from being disclosed.
24 21. Alex’s surviving parents, Daphne Beletsis and Yvonne Rainey, bring this suit in
25 order to hold liable the named persons, entities, and members and officers of the Fraternity
26 responsible for Alex’s death. The Individual Defendants and John Doe Defendants 1-10 directly
27 hazed, participated in, authorized, or acted in concert with others in hazing Alex and placing him
28
8
FIRST AMENDED COMPLAINT
1 in a position of life-threatening peril, including through the provision of alcohol and drugs, and
2 were negligent in failing to take reasonable care of, protect and save Alex.
3 22. Defendant Theta Chi National, directly and by and through the Chapter, an
4 unincorporated association it authorized, chartered, undercapitalized, generated revenue from,
5 controlled as the principal member, and strategically revoked and repossessed the charter of on
6 May 3, 2019, and the Defendant Chapter, are liable for their direct negligence and misconduct,
7 and for the negligence and misconduct of the Individual Defendants and John Doe Defendants 1-
8 10 under principles of negligence, negligent undertaking, and agency and respondeat superior, and
9 California’s laws governing unincorporated associations because, inter alia, their officers and
10 agents, including the Individual Defendants and John Doe Defendants 1-10, acted in concert, knew
11 of and consented to, ratified, and/or otherwise participated in the hazing and other misconduct.
12 Defendant Theta Chi National is also liable as an alter-ego and successor of the Chapter and
13 because Theta Chi National intentionally undercapitalized the Chapter and, later, revoked its
14 charter, to evade likely creditors, such as Plaintiffs, and continued on the purpose of Theta Chi
15 brotherhood for all of the Chapter’s members.
16 23. Defendant Theta Chi National’s liability also arises directly from its own
17 independent negligent and reckless misconduct, including its undertakings – which, upon
18 information and belief, the University was relying on – to address the pattern of known
19 misconduct at the Chapter and improve and reform the Chapter and make it safe for students, and
20 its ensuing failure to exercise reasonable care in those undertakings, which added to the risk of
21 harm to Chapter members and pledges, including Alex.
22 24. For years, Theta Chi National has disregarded the safety of students and others by
23 refusing to make meaningful reforms to chapters and the Fraternity’s flawed safety and
24 management policies and practices despite past injuries and deaths at chapters, at other fraternity
25 chapters, requests from and offers to the University, and credible studies and other information
26 within the fraternity and education industries demonstrating the critical, yet unmet, need for
27 change. Despite its long record of injuries, death, and dangerous misconduct, Theta Chi National
28 and the Fraternity have made, and/or knowingly permitted, deceptive representations concerning
9
FIRST AMENDED COMPLAINT
1 the brotherhood and the quality and nature of its services, which intentionally, fraudulently,
2 maliciously, and oppressively hide documented incidents involving injuries, death, hazing, risks
3 and other dangerous misconduct.
4 25. Defendant Theta Chi National knew or should have known of the long-documented
5 risk of death and serious injury posed by fraternity traditions like the Crossover Ceremony and
6 related membership rituals and events, and of its own failures in reforming such dangerous
7 traditions, rituals and events, which resulted in the death of Alex. Defendant Theta Chi National
8 knew or should have known that its members would continue to act dangerously and continue
9 such traditions notwithstanding disciplinary actions taken by the University, purported steps by
10 Theta Chi National to assist in reforming the Chapter and addressing known misconduct by the
11 Chapter and its members, fraternity and/or university risk management policies prohibiting such
12 conduct. Yet, Defendant Theta Chi National failed to enact effective measures to: implement,
13 oversee and enforce risk management policies; implement meaningful reforms to make the
14 Chapter safe for its members or future members or pledges; stop longstanding and dangerous
15 pledging traditions and other misconduct; or act on other items to protect student participants in
16 Chapter events, despite knowing of the need and having the power and resources to do so, and
17 despite having undertaken to address the pattern of known misconduct at the Chapter and improve
18 and reform the Chapter and make it and its activities safe for its members and pledges.
19 PARTIES
20 26. Plaintiffs Daphne Beletsis and Yvonne Rainey are Alex’s surviving parents.
21 Plaintiff Daphne Beletsis was duly appointed Administrator of the Estate of Alexander Levi
22 Rainey Beletsis by the Superior Court of Sonoma County, California, giving her full legal
23 authority to maintain this action on behalf of the Estate. This order is attached hereto as Exhibit
24 A.
25 27. Plaintiffs bring this action for wrongful death and survival damages pursuant to
26 Cal. Code Civ. Proc. § 377.60 et seq., and § 377.30 et seq.
27 28. Defendant Theta Chi National is a non-profit corporation organized in the State of
28 New York. Now and at all relevant times, Theta Chi National regularly transacts business
10
FIRST AMENDED COMPLAINT
1 throughout the State of California and in the County of Santa Cruz directly, on behalf of the
2 Fraternity, and by and through the Chapter, an unincorporated association in which Theta Chi
3 National is, or at all material times has been, the controlling member. Defendant Theta Chi
4 National consists of at least two ostensibly separate units – Theta Chi National and the Theta Iota
5 Chapter of Theta Chi, though, as further alleged herein, such entities were at all relevant times
6 alter-egos, operating as part of a single enterprise to further the mission of brotherhood and
7 generate revenue for Defendant Theta Chi National’s and the Fraternity. Upon information and
8 belief, Theta Chi National purposefully undercapitalized and structured the Chapter, then took
9 over its assets following the University investigation, to evade likely creditors resulting from its
10 dangerous misconduct, such as hazing.
11 29. Defendant Theta Iota Chapter of Theta Chi is, and all relevant times has been, an
12 unincorporated association which is chartered, governed, managed, and controlled by its principal
13 member and alter-ego, Defendant Theta Chi National.
14 30. Defendants Theta Chi National and the Chapter are hereinafter referred to as the
15 “Fraternity Defendants.”
16 31. Defendant Christopher Guevara was at all relevant times a member of Theta Chi
17 National and the Chapter and, upon information and belief, a citizen of Los Angeles, California.
18 Defendant Guevara was the President of the Chapter at the time of Alex’s death and he authorized,
19 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct
20 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant
21 Guevara was at all relevant times acting as an agent of and within the scope of his agency with the
22 Fraternity Defendants.
23 32. Defendant Brad Visacki was at all relevant times a member of Theta Chi National
24 and, upon information and belief, a citizen of Fresno, California. Defendant Visacki was the
25 Brotherhood Chair of the Chapter at the time of Alex’s death and he authorized, requested,
26 commanded, participated in, or ratified the hazing and/or the subsequent misconduct involving
27 Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant Viscacki was
28
11
FIRST AMENDED COMPLAINT
1 at all relevant times acting as an agent of and within the scope of his agency with the Fraternity
2 Defendants.
3 33. Defendant Jordan Keiichi Takayama was at all relevant times a member of Theta
4 Chi National and the Chapter and, upon information and belief, a citizen of Newark, California.
5 Defendant Takayama was the Vice President of the Chapter at the time of Alex’s death and he
6 authorized, requested, commanded, participated in, or ratified the hazing and/or the subsequent
7 misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his death.
8 Defendant Takayama was at all relevant times acting as an agent of and within the scope of his
9 agency with the Fraternity Defendants.
10 34. Defendant Zachary Nash Davis was at all relevant times a member of Theta Chi
11 National and the Chapter and, upon information and belief, a citizen of Rockville Centre, New
12 York. Defendant Davis was the Vice President of Health and Safety of the Chapter at the time of
13 Alex’s death and he authorized, requested, commanded, participated in, or ratified the hazing
14 and/or the subsequent misconduct involving Alex’s incapacity and the failure to act reasonably to
15 prevent his death. Defendant Davis was at all relevant times acting as an agent of and within the
16 scope of his agency with the Fraternity Defendants.
17 35. Defendant Najpreet Singh Kahlon was at all relevant times a member of Theta Chi
18 National and the Chapter and, upon information and belief, a citizen of Morgan Hill, California.
19 Defendant Kahlon was the Treasurer of the Chapter at the time of Alex’s death and he authorized,
20 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct
21 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant
22 Kahlon was at all relevant times acting as an agent of and within the scope of his agency with the
23 Fraternity Defendants. Defendant Kahlon also furnished alcohol to Alex at his residence at 511
24 Broadway, Santa Cruz, knowing that Alex was under 21 years of age, which was a substantial
25 factor in causing Alex’s death.
26 36. Defendant Stefan Matias Leon was at all relevant times a member of Theta Chi
27 National and the Chapter and, upon information and belief, a citizen of San Diego, California.
28 Defendant Leon was the Secretary of the Chapter at the time of Alex’s death and he authorized,
12
FIRST AMENDED COMPLAINT
1 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct
2 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant Leon
3 was at all relevant times acting as an agent of and within the scope of his agency with the
4 Fraternity Defendants.
5 37. Defendant Moises Francisco Tenorio Garcia was at all relevant times a member of
6 Theta Chi National and the Chapter and, upon information and belief, a citizen of Santa Cruz,
7 California. Defendant Tenorio Garcia was the Marshal of the Chapter at the time of Alex’s death
8 and he authorized, requested, commanded, participated in, or ratified the hazing and/or the
9 subsequent misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his
10 death. Defendant Tenorio Garcia was at all relevant times acting as an agent of and within the
11 scope of his agency with the Fraternity Defendants.
12 38. Defendant Rafael Garcia was at all relevant times a member of Theta Chi National
13 and the Chapter and, upon information and belief, a citizen of Richmond, California. Defendant
14 Garcia was the Student Government Representative of the Chapter at the time of Alex’s death and
15 he authorized, requested, commanded, participated in, or ratified the hazing and/or the subsequent
16 misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his death.
17 Defendant Garcia was at all relevant times acting as an agent of and within the scope of his agency
18 with the Fraternity Defendants.
19 39. Defendant Emmanuel Thomas was at all relevant times a member of Theta Chi
20 National and the Chapter and, upon information and belief, a citizen of Hawthorne, California.
21 Defendant Thomas, as a member of the Chapter, authorized, requested, commanded, participated
22 in, or ratified the hazing and/or the subsequent misconduct involving Alex’s incapacity and the
23 failure to act reasonably to prevent his death. Defendant Thomas was at all relevant times acting
24 as an agent of and within the scope of his agency with the Frat
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1 Michael C. Osborne (Bar No. 95839) mosborne@cokinoslaw.com 2 Elaine Kobylecki (Bar No. 299311) ekobylecki@cokinoslaw.com 3 COKINOS | YOUNG 611 Gateway Blvd., Ste. 233 4 South San Francisco, CA 94080 Telephone: (628) 229-9280 5 Attorneys for Defendant 6 THETA CHI FRATERNITY, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, et al., Case No. 19CV03287 12 Plaintiff, INDEX OF EXHIBITS AND EVIDENCE IN SUPPORT OF DEFENDANT THETA CHI 13 v. FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE 14 THETA CHI FRATERNITY, INC., et al. ALTERNATIVE, SUMMARY ADJUDICATION 15 Defendant. Date: May 6, 2022 16 Time: 8:30 AM Dept.: 10 17 Action Filed: October 31, 2019 18 Trial Date: June 20, 2022 19 20 Pursuant to California Rule of Court 3.1350(g), Defendant THETA CHI FRATERNITY, 21 INC. hereby submits the following separately bound exhibits and evidence in support of its Motion 22 for Summary Judgment or, In The Alternative, Summary Adjudication, filed concurrently herewith. 23 // 24 // 25 // 26 // 27 // 28 // INDEX OF EXHIBITS AND EVIDENCE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 TABLE OF CONTENTS 2 Exhibit A: Plaintiffs’ First Amended Complaint, filed February 5, 2020. 3 Exhibit B: True and correct copy of excerpts from Leon Burns’ Deposition Transcript. 4 Exhibit C: True and correct copy of excerpts from Mathieu Turk’s Deposition 5 Transcript. 6 Exhibit D: True and correct copy of excerpts from Miguel Saldivar’s Deposition 7 Transcript. 8 Exhibit E: True and correct copy of excerpts from Sophia Beletsis’ Deposition 9 Transcript. 10 Exhibit F: True and correct copy of excerpts from Jose Sanchez’s Deposition 11 Transcript. 12 Exhibit G: True and correct copy of excerpts from Jordan Takayama’s Deposition Transcript. 13 Exhibit H: True and correct copy of excerpts from Zachary Davis’ Deposition 14 Transcript. 15 Exhibit I: True and correct copy of excerpts from Rafael Garcia, Jr.’s Deposition 16 Transcript. 17 18 19 Dated: February 15, 2022 COKINOS | YOUNG 20 21 Michael C. Osborne 22 Elaine Kobylecki Attorneys for Defendant 23 THETA CHI FRATERNITY, INC. 24 25 26 27 28 2 INDEX OF EXHIBITS AND EVIDENCE IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION EXHIBIT A ELECTRONICALLY FILED Superior Court of California 1 THE FIERBERG NATIONAL LAW GROUP, PLLC County of Santa Cruz DOUGLAS E. FIERBERG (admitted pro hac vice) 2/5/2020 3:40 PM 2 dfierberg@tfnlgroup.com Alex Calvo, Clerk JONATHON N. FAZZOLA (admitted pro hac vice) By: Helena Hanson, Deputy 3 jfazzola@tfnlgroup.com LISA N. CLOUTIER (admitted pro hac vice) 4 lcloutier@tfnlgroup.com 161 East Front Street, Suite 200 5 Traverse City, MI 49684 Telephone: (202) 351-0510 6 Fax: (231) 252-8100 7 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 8 labar@sawyerlabar.com 201 Mission Street, Suite 2240 9 San Francisco, California 94105 Telephone: (415) 262-3820 10 Attorneys for Plaintiffs 11 DAPHNE BELETSIS YVONNE RAINEY 12 13 SUPERIOR COURT OF CALIFORNIA 14 COUNTY OF SANTA CRUZ 15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 16 ALEXANDER BELETSIS, and FIRST AMENDED COMPLAINT FOR YVONNE RAINEY, surviving parent of WRONGFUL DEATH AND SURVIVAL 17 ACTION BASED ON: ALEXANDER BELETSIS, deceased 18 (1) NEGLIGENCE (Failure to Manage Plaintiffs, and Supervise); 19 vs. (2) NEGLIGENCE; 20 THETA CHI FRATERNITY, INC., a New (3) NEGLIGENT UNDERTAKING; York corporation, individually, as a member of 21 and t/a the Theta Iota Chapter, University of (4) NEGLIGENCE (Assumed Duties); 22 California, Santa Cruz, as a member of the fraternal order known as Theta Chi Fraternity, (5) NEGLIGENCE (Duty to Prevent 23 and as an alter-ego and successor entity of the Harm); Theta Iota Chapter of Theta Chi Fraternity; 24 THETA IOTA CHAPTER OF THETA CHI (6) SOCIAL HOST LIABILITY FOR FURNISHING ALCOHOL TO PERSON 25 FRATERNITY, individually, and as an and UNDER 21 YEARS OF AGE; and agent and alter-ego of Theta Chi Fraternity, Inc.; 26 CHRISTOPHER GUEVARA, individually, and (7) PREMISES LIABILITY as an agent/member of Theta Chi Fraternity, 27 Inc. and Theta Iota Chapter of Theta Chi JURY TRIAL DEMANDED Fraternity; 28 BRAD VISACKI, individually, and/or as an FIRST AMENDED COMPLAINT 1 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 2 JORDAN KEIICHI TAKAYAMA, individually, and as an agent/member of Theta 3 Chi Fraternity, Inc. and Theta Iota Chapter of 4 Theta Chi Fraternity; ZACHARY NASH DAVIS, individually, and as 5 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 6 NAJPREET SINGH KAHLON, individually, and as an agent/member of Theta Chi Fraternity, 7 Inc. and Theta Iota Chapter of Theta Chi 8 Fraternity; STEFAN MATIAS LEON, individually, and as 9 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 10 MOISES FRANCISCO TENORIO GARCIA, 11 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 12 Theta Chi Fraternity; RAFAEL GARCIA, individually, and as an 13 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 14 EMMANUEL THOMAS, individually, and as 15 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 16 BOBBY KARKI, individually, and as an agent/member of Theta Chi Fraternity, Inc. and 17 Theta Iota Chapter of Theta Chi Fraternity; DEREK KING, individually, and as an 18 agent/member of Theta Chi Fraternity, Inc. and 19 Theta Iota Chapter of Theta Chi Fraternity; JOHN DYLAN LEITCH, individually, and as 20 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; 21 QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 22 LIVING TRUST, 117 Pasture Rd., Santa Cruz, 23 CA 95060; and JOHN DOES 1 through 10, inclusive, 24 individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 25 Theta Chi Fraternity; 26 Defendants. 27 28 2 FIRST AMENDED COMPLAINT 1 INTRODUCTION 2 1. For years, the Theta Iota chapter of Theta Chi (the “Chapter” or “Theta Chi 3 Chapter”) at the University of California, Santa Cruz (the “University” or “UCSC”) engaged in 4 documented dangerous hazing, unlawful distribution of drugs and service of alcohol, obstruction 5 of University operations, civil disturbances and destruction of property in the community, and 6 other misconduct which threatened the health and safety of students. Dangerous misconduct by 7 chapters – members of the fraternal order known as Theta Chi Fraternity (the “Fraternity”) – have 8 previously caused numerous injuries and deaths, including the hazing death of Philip Dhanens in 9 2012 at the California State University, Fresno. 10 2. At Santa Cruz, time and again the University conducted investigations, overcame 11 lies and obstructions by Chapter officers and members, and disciplined the Chapter multiple times 12 for violating the University’s Student Policies and Regulations Handbook (“University Policies”). 13 On May 5, 2016, in order to protect students and the campus community, the University imposed 14 sanctions that included the extreme measures of revoking the Chapter’s University registration and 15 banning it from campus for one year. The Chapter’s registration and permission to recruit new 16 members was reinstated in Fall 2017, immediately prior to Alexander Beletsis’s (“Alex”) hazing 17 and initiation into the Fraternity, after active advocacy by Theta Chi Fraternity, Inc. (“Theta Chi 18 National”), a controlling member of the Fraternity and Chapter. 19 3. As part of that advocacy, Theta Chi National affirmatively represented to the 20 University that it would undertake steps and actions to help address the pattern of known 21 misconduct at the Chapter and improve and reform the Chapter and make it safe for students, so 22 long as the University permitted the Chapter to continue to recruit new members for the Fraternity, 23 thus ensuring a continued revenue stream from the Chapter to Theta Chi National. 24 4. Among other things, Theta Chi National’s Director of Collegiate Services advised 25 the University that it was her “sincere hope that we can remain on campus and continue to recruit 26 in order to accomplish this goal.” The Director of Collegiate Services touted the Chapter’s 27 purportedly “strong support base through their alumni, the International Headquarters and our 28 Field Executive Program,” and affirmatively represented to the University that “[s]hort of 3 FIRST AMENDED COMPLAINT 1 recruitment sanctions,” Theta Chi National “would be open to whatever the university deemed 2 appropriate and would commit to supporting those [sanctions] with the time and resources of our 3 staff and alumni,” with the Director of Collegiate Services “as the main point of contact.” Theta 4 Chi National also sent the University “a letter of potential action items that we would put in place 5 once the interim suspension is lifted.” 6 5. Despite these representations and purported commitments, and the 7 acknowledgement by Theta Chi National that the Chapter needed support from “alumni,” Theta 8 Chi National, and Theta Chi National’s “Field Executive Program,” Theta Chi National never 9 compelled its Chapter to implement meaningful reforms to make it safe for its members or future 10 members or pledges, like Alex, despite having the power, authority, and legal obligation under 11 California law to do so, including after it had undertaken to help address the pattern of known 12 misconduct at the Chapter and improve and reform the Chapter and make it safe for students, 13 undertakings that Theta Chi National recognized, or should have recognized, were necessary for 14 the safety and protection of students who pledged or belonged to the Chapter and/or attended 15 Chapter events. 16 6. As a result, in the first semester the Chapter returned to campus, the Chapter and 17 Fraternity members who belonged to the Chapter immediately resumed their dangerous 18 misconduct, including the dangerous and egregious hazing of Alex. 19 7. Upon information and belief, the University would not have allowed the Chapter to 20 recruit members in Fall 2017, when Alex was recruited and hazed, but for Theta Chi National’s 21 assurances that it would commit and provide support and resources to address the pattern of 22 known misconduct at the Chapter and improve and reform the Chapter and make it safe for 23 students. 24 8. Neither the Chapter nor Theta Chi National published or disclosed truthful 25 information about the Chapter’s disciplinary history or the misconduct and risks the Chapter posed 26 to members and prospective members, like Alex. 27 9. In Fall 2017, Alex sought to join the Fraternity through a pledge process dictated 28 by Theta Chi National and conducted by the Chapter. As the University advises new students, 4 FIRST AMENDED COMPLAINT 1 Greek Life promotes “high academic achievement through activities such as study jams, academic 2 mentors, workshops, networking, and alumni career advising.” Because Theta Chi National and 3 the Chapter keep secret incidents of misconduct and other important risk information, Alex and his 4 family knew nothing about the dangerous history of misconduct of the Chapter, that the Chapter 5 had longstanding pledge rituals designed to “break down” and haze pledges, or that pledging the 6 Fraternity had fairly recently resulted in the death of at least one student in California. 7 10. Alex and his fellow pledges were dangerously and violently hazed, including by, 8 and/or at the direction or with the permission of, the Chapter’s officers. 9 11. After Alex obtained membership in the Fraternity, he was being groomed for an 10 officer position in the spring of 2018. Again, Alex was required to participate in dangerous 11 hazing, including being forced to consume large amounts of alcohol, by and/or at the direction or 12 with the permission of the Defendants who served as Chapter officers, Chapter President 13 Christopher Andrew Guevara (“Guevara”), Chapter Vice President Jordan Keiichi Takayama 14 (“Takayama”), Vice President of Health and Safety Zachary Nash Davis (“Davis”), Treasurer 15 Najpreet Singh Kahlon (“Kahlon”), Secretary Stefan Matias Leon (“Leon”), Marshal Moises 16 Francisco Tenorio Garcia (“Tenorio Garcia”), and Student Government Representative Rafael 17 Garcia (“Garcia”) (collectively, “Officer Defendants”). Many vomited while surrounded by 18 fraternity members chanting “Come on, drink more.” Students were physically assaulted if any 19 one of them failed to correctly recite Chapter traditions. Students were forced to perform grueling 20 calisthenics as fraternity brothers screamed that anyone who failed was, among other things, a 21 “pussy” and “faggot.” Fraternity brothers also verbally berated pledges, yelling “You mother 22 fucker, you are weak,” and “Don’t be a Jew, don’t puss out of this.” 23 12. On June 2, 2018, the Chapter planned its Pledge Crossover Ceremony and other 24 membership rituals and events to celebrate conveying membership in the Fraternity. The 25 Ceremony, rituals and events on June 2, 2018, were approved by, and planned at the direction of, 26 the Officer Defendants, all of whom knew the Ceremony, rituals and events would involve hazing 27 and other misconduct, including the provision of drugs and alcohol to persons under 21 years of 28 age. 5 FIRST AMENDED COMPLAINT 1 13. Theta Chi National knows that such a night becomes one of “three deadly nights” if 2 it involves hazing and, in particular, the presence of alcohol and drugs. Theta Chi National knows 3 about the “three deadly nights” because its former long-term Executive Director and decorated 4 member, David Westol, coined this phrase decades ago and documented these particular risks in 5 the fraternity industry. Westol opined: “If a chapter allows alcohol into a bid night event, big 6 brother/sister night, or pre-initiation, that chapter has set the stage for tragedy.” Philip Dhanens 7 died in 2012 while pledging the Fraternity at California State University, Fresno, when fraternity 8 members compelled him and other pledges to consume dangerous quantities of hard alcohol on 9 “bid night,” the first of the “three deadly nights.” 10 14. At the Crossover Ceremony, Alex and others were provided multiple types of 11 alcohol, including shots of vodka, and instructed to drink. Alex became visibly and extremely 12 inebriated. Alex was slurring his words. The Chapter completed the Ceremony and directed Alex 13 and others to attend the fraternity-wide celebration, a ritual hosted by the Chapter at the residence 14 of the Chapter President, Defendant Guevara, at 511 Broadway, Santa Cruz. That residence, 15 occupied exclusively by Defendant Guevara and other fraternity members including Defendant 16 Kahlon, Defendant Emmanuel Thomas (“Thomas”), Defendant Bobby Karki (“Karki”), Defendant 17 Derek King (“King”), and Defendant John Dylan Leitch (“Leitch”) (Defendants Kahlon, Thomas, 18 Karki, King and Leitch are collectively referred to herein as the “House Resident Defendants”), 19 was a satellite house for the Chapter and Chapter events, and had been the scene of at least eight 20 emergency calls during the preceding 18 months, including one for a party/disturbance. Alex was 21 driven to that part of the fraternity pledge ritual as his physical condition was compromised as a 22 result of the Crossover Ceremony. 23 15. At the satellite fraternity house, Alex’s condition worsened, yet the House Resident 24 Defendants, and other Individual Defendants and fraternity brothers continued to ply him with 25 alcohol, despite knowing that he was under 21 years of age, and then drugs. Alex was visibly 26 incoherent, and mentally and physically unstable. Fraternity members directed him to a bathroom, 27 purportedly to settle down his erratic behavior. Fraternity members failed to provide him the care 28 and protection he needed under the circumstances created from the hazing by the Chapter and its 6 FIRST AMENDED COMPLAINT 1 members. Behind the closed door of the bathroom, Alex fell from the second story window, 2 landing on concrete below. 3 16. Alex’s skull was shattered, and he sustained severe brain and spinal cord injuries 4 from the fall and remained in the hospital for 18 days before medical personnel advised the family 5 that he would not recover. Alex’s family removed life support and permitted him to pass. 6 17. The window at the satellite fraternity house from which Alex fell was in defective 7 condition and, in and of itself given its low height, size, and related factors a dangerous condition 8 of the property which, upon information and belief, was known by the Defendant Quinn 9 McLaughlin, individually and as the Trustee of the Quinn M. McLaughlin Living Trust 10 (collectively, “Landlord”), within its ability to repair by the exercise of reasonable care, the failure 11 of which by the Landlord being a cause of Alex’s death. Upon information and belief, Defendant 12 Landlord was also aware of the dangerous activities in the premises, likely complaints from 13 neighbors regarding the dangerous and disruptive conduct therein, but failed to exercise 14 reasonable care to control the use of the property to make it safe for visitors, such as Alex, the 15 failure of which being a cause of Alex’s death. 16 18. Within days of Alex’s hospitalization, the University began a legally authorized 17 investigation into the cause and circumstances of Alex’s death. Theta Chi National sent a senior 18 representative to Santa Cruz to meet with Chapter officers and members. On June 13, 2018, the 19 Chapter held a mandatory meeting and included the following statements in the formal minutes of 20 that meeting: 21 “Crucial not to provide information.” 22 “The university does not have much information.” 23 “I don’t know is an intelligent answer.” 24 “We are being supported by our nationals.” 25 “JA Party is still pending.” 26 All Chapter members were instructed via their closed Facebook page to “Keep your fucking 27 mouth shut about the entire situation!” 28 7 FIRST AMENDED COMPLAINT 1 19. At the outset of the University’s investigation, on or around June 8, 2018, Theta 2 Chi National’s Executive Director, Michael Mayer, contacted the University and, either directly or 3 through another employee acting under his direction and authority, falsely declared that Alex’s 4 death was not connected to a Chapter event. On July 6, 2018, the University met with the 5 Chapter’s President, Defendant Guevara, who reiterated this false statement. Upon information 6 and belief, these identical false statements reveal the Chapter “being supported by our nationals,” 7 by, in part, coordinated efforts and a conspiracy between Theta Chi National, the Chapter, and 8 members to hide the truth from the University, the police, and Alex’s family. 9 20. The University investigation ultimately revealed multiple attempts by Chapter 10 officers and members to undermine the University’s efforts to uncover the cause and 11 circumstances of Alex’s death. The University pried the facts from mostly uncooperative 12 fraternity members in an investigation spanning almost one year. By report dated April 3, 2019, 13 the University specifically concluded that the events leading up to and causing Alex’s death were 14 hosted by the Chapter. The investigation revealed that “deeply appalling behavior” preceded and 15 caused the death of Alex, including hazing, misuse of alcohol and drugs, and fabricating and 16 furnishing false information. The University revoked recognition of the Chapter as a Registered 17 Campus Organization, and, upon information and belief, sanctioned Chapter officers and 18 members. Upon information and belief, Theta Chi National has continued its support of the 19 individual officers and members, including the Officer Defendants, all of whom remained officers 20 of the Chapters until at least December 25, 2018, Defendant Visacki, and House Resident 21 Defendants (collectively, “Individual Defendants”), all of whom were likely conveyed alumni 22 member status, and has, therefore, ratified the misconduct which its conspiracy could not prevent 23 from being disclosed. 24 21. Alex’s surviving parents, Daphne Beletsis and Yvonne Rainey, bring this suit in 25 order to hold liable the named persons, entities, and members and officers of the Fraternity 26 responsible for Alex’s death. The Individual Defendants and John Doe Defendants 1-10 directly 27 hazed, participated in, authorized, or acted in concert with others in hazing Alex and placing him 28 8 FIRST AMENDED COMPLAINT 1 in a position of life-threatening peril, including through the provision of alcohol and drugs, and 2 were negligent in failing to take reasonable care of, protect and save Alex. 3 22. Defendant Theta Chi National, directly and by and through the Chapter, an 4 unincorporated association it authorized, chartered, undercapitalized, generated revenue from, 5 controlled as the principal member, and strategically revoked and repossessed the charter of on 6 May 3, 2019, and the Defendant Chapter, are liable for their direct negligence and misconduct, 7 and for the negligence and misconduct of the Individual Defendants and John Doe Defendants 1- 8 10 under principles of negligence, negligent undertaking, and agency and respondeat superior, and 9 California’s laws governing unincorporated associations because, inter alia, their officers and 10 agents, including the Individual Defendants and John Doe Defendants 1-10, acted in concert, knew 11 of and consented to, ratified, and/or otherwise participated in the hazing and other misconduct. 12 Defendant Theta Chi National is also liable as an alter-ego and successor of the Chapter and 13 because Theta Chi National intentionally undercapitalized the Chapter and, later, revoked its 14 charter, to evade likely creditors, such as Plaintiffs, and continued on the purpose of Theta Chi 15 brotherhood for all of the Chapter’s members. 16 23. Defendant Theta Chi National’s liability also arises directly from its own 17 independent negligent and reckless misconduct, including its undertakings – which, upon 18 information and belief, the University was relying on – to address the pattern of known 19 misconduct at the Chapter and improve and reform the Chapter and make it safe for students, and 20 its ensuing failure to exercise reasonable care in those undertakings, which added to the risk of 21 harm to Chapter members and pledges, including Alex. 22 24. For years, Theta Chi National has disregarded the safety of students and others by 23 refusing to make meaningful reforms to chapters and the Fraternity’s flawed safety and 24 management policies and practices despite past injuries and deaths at chapters, at other fraternity 25 chapters, requests from and offers to the University, and credible studies and other information 26 within the fraternity and education industries demonstrating the critical, yet unmet, need for 27 change. Despite its long record of injuries, death, and dangerous misconduct, Theta Chi National 28 and the Fraternity have made, and/or knowingly permitted, deceptive representations concerning 9 FIRST AMENDED COMPLAINT 1 the brotherhood and the quality and nature of its services, which intentionally, fraudulently, 2 maliciously, and oppressively hide documented incidents involving injuries, death, hazing, risks 3 and other dangerous misconduct. 4 25. Defendant Theta Chi National knew or should have known of the long-documented 5 risk of death and serious injury posed by fraternity traditions like the Crossover Ceremony and 6 related membership rituals and events, and of its own failures in reforming such dangerous 7 traditions, rituals and events, which resulted in the death of Alex. Defendant Theta Chi National 8 knew or should have known that its members would continue to act dangerously and continue 9 such traditions notwithstanding disciplinary actions taken by the University, purported steps by 10 Theta Chi National to assist in reforming the Chapter and addressing known misconduct by the 11 Chapter and its members, fraternity and/or university risk management policies prohibiting such 12 conduct. Yet, Defendant Theta Chi National failed to enact effective measures to: implement, 13 oversee and enforce risk management policies; implement meaningful reforms to make the 14 Chapter safe for its members or future members or pledges; stop longstanding and dangerous 15 pledging traditions and other misconduct; or act on other items to protect student participants in 16 Chapter events, despite knowing of the need and having the power and resources to do so, and 17 despite having undertaken to address the pattern of known misconduct at the Chapter and improve 18 and reform the Chapter and make it and its activities safe for its members and pledges. 19 PARTIES 20 26. Plaintiffs Daphne Beletsis and Yvonne Rainey are Alex’s surviving parents. 21 Plaintiff Daphne Beletsis was duly appointed Administrator of the Estate of Alexander Levi 22 Rainey Beletsis by the Superior Court of Sonoma County, California, giving her full legal 23 authority to maintain this action on behalf of the Estate. This order is attached hereto as Exhibit 24 A. 25 27. Plaintiffs bring this action for wrongful death and survival damages pursuant to 26 Cal. Code Civ. Proc. § 377.60 et seq., and § 377.30 et seq. 27 28. Defendant Theta Chi National is a non-profit corporation organized in the State of 28 New York. Now and at all relevant times, Theta Chi National regularly transacts business 10 FIRST AMENDED COMPLAINT 1 throughout the State of California and in the County of Santa Cruz directly, on behalf of the 2 Fraternity, and by and through the Chapter, an unincorporated association in which Theta Chi 3 National is, or at all material times has been, the controlling member. Defendant Theta Chi 4 National consists of at least two ostensibly separate units – Theta Chi National and the Theta Iota 5 Chapter of Theta Chi, though, as further alleged herein, such entities were at all relevant times 6 alter-egos, operating as part of a single enterprise to further the mission of brotherhood and 7 generate revenue for Defendant Theta Chi National’s and the Fraternity. Upon information and 8 belief, Theta Chi National purposefully undercapitalized and structured the Chapter, then took 9 over its assets following the University investigation, to evade likely creditors resulting from its 10 dangerous misconduct, such as hazing. 11 29. Defendant Theta Iota Chapter of Theta Chi is, and all relevant times has been, an 12 unincorporated association which is chartered, governed, managed, and controlled by its principal 13 member and alter-ego, Defendant Theta Chi National. 14 30. Defendants Theta Chi National and the Chapter are hereinafter referred to as the 15 “Fraternity Defendants.” 16 31. Defendant Christopher Guevara was at all relevant times a member of Theta Chi 17 National and the Chapter and, upon information and belief, a citizen of Los Angeles, California. 18 Defendant Guevara was the President of the Chapter at the time of Alex’s death and he authorized, 19 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct 20 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant 21 Guevara was at all relevant times acting as an agent of and within the scope of his agency with the 22 Fraternity Defendants. 23 32. Defendant Brad Visacki was at all relevant times a member of Theta Chi National 24 and, upon information and belief, a citizen of Fresno, California. Defendant Visacki was the 25 Brotherhood Chair of the Chapter at the time of Alex’s death and he authorized, requested, 26 commanded, participated in, or ratified the hazing and/or the subsequent misconduct involving 27 Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant Viscacki was 28 11 FIRST AMENDED COMPLAINT 1 at all relevant times acting as an agent of and within the scope of his agency with the Fraternity 2 Defendants. 3 33. Defendant Jordan Keiichi Takayama was at all relevant times a member of Theta 4 Chi National and the Chapter and, upon information and belief, a citizen of Newark, California. 5 Defendant Takayama was the Vice President of the Chapter at the time of Alex’s death and he 6 authorized, requested, commanded, participated in, or ratified the hazing and/or the subsequent 7 misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his death. 8 Defendant Takayama was at all relevant times acting as an agent of and within the scope of his 9 agency with the Fraternity Defendants. 10 34. Defendant Zachary Nash Davis was at all relevant times a member of Theta Chi 11 National and the Chapter and, upon information and belief, a citizen of Rockville Centre, New 12 York. Defendant Davis was the Vice President of Health and Safety of the Chapter at the time of 13 Alex’s death and he authorized, requested, commanded, participated in, or ratified the hazing 14 and/or the subsequent misconduct involving Alex’s incapacity and the failure to act reasonably to 15 prevent his death. Defendant Davis was at all relevant times acting as an agent of and within the 16 scope of his agency with the Fraternity Defendants. 17 35. Defendant Najpreet Singh Kahlon was at all relevant times a member of Theta Chi 18 National and the Chapter and, upon information and belief, a citizen of Morgan Hill, California. 19 Defendant Kahlon was the Treasurer of the Chapter at the time of Alex’s death and he authorized, 20 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct 21 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant 22 Kahlon was at all relevant times acting as an agent of and within the scope of his agency with the 23 Fraternity Defendants. Defendant Kahlon also furnished alcohol to Alex at his residence at 511 24 Broadway, Santa Cruz, knowing that Alex was under 21 years of age, which was a substantial 25 factor in causing Alex’s death. 26 36. Defendant Stefan Matias Leon was at all relevant times a member of Theta Chi 27 National and the Chapter and, upon information and belief, a citizen of San Diego, California. 28 Defendant Leon was the Secretary of the Chapter at the time of Alex’s death and he authorized, 12 FIRST AMENDED COMPLAINT 1 requested, commanded, participated in, or ratified the hazing and/or the subsequent misconduct 2 involving Alex’s incapacity and the failure to act reasonably to prevent his death. Defendant Leon 3 was at all relevant times acting as an agent of and within the scope of his agency with the 4 Fraternity Defendants. 5 37. Defendant Moises Francisco Tenorio Garcia was at all relevant times a member of 6 Theta Chi National and the Chapter and, upon information and belief, a citizen of Santa Cruz, 7 California. Defendant Tenorio Garcia was the Marshal of the Chapter at the time of Alex’s death 8 and he authorized, requested, commanded, participated in, or ratified the hazing and/or the 9 subsequent misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his 10 death. Defendant Tenorio Garcia was at all relevant times acting as an agent of and within the 11 scope of his agency with the Fraternity Defendants. 12 38. Defendant Rafael Garcia was at all relevant times a member of Theta Chi National 13 and the Chapter and, upon information and belief, a citizen of Richmond, California. Defendant 14 Garcia was the Student Government Representative of the Chapter at the time of Alex’s death and 15 he authorized, requested, commanded, participated in, or ratified the hazing and/or the subsequent 16 misconduct involving Alex’s incapacity and the failure to act reasonably to prevent his death. 17 Defendant Garcia was at all relevant times acting as an agent of and within the scope of his agency 18 with the Fraternity Defendants. 19 39. Defendant Emmanuel Thomas was at all relevant times a member of Theta Chi 20 National and the Chapter and, upon information and belief, a citizen of Hawthorne, California. 21 Defendant Thomas, as a member of the Chapter, authorized, requested, commanded, participated 22 in, or ratified the hazing and/or the subsequent misconduct involving Alex’s incapacity and the 23 failure to act reasonably to prevent his death. Defendant Thomas was at all relevant times acting 24 as an agent of and within the scope of his agency with the Frat