Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Cruz
1 Alan F. Hunter, Esq. (SBI 099805) 10/18/2021 3:29 PM
Elizabeth G. Landess, Esq. (SBI 138353) Alex Calvo, Clerk
2 GAVIN CUNNINGHAM & HUNTER By: Richard Kersten Seago, Deputy
5655 Silver Creek Valley Road, PMB 665
3 San Jose, California 95138
Email: hunter@gclitigation.com
4 Email: landess@gclitigation.com
Telephone: 408/294-8500
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Attorneys for Defendant Rafael Garcia Jr.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CRUZ – UNLIMITED JURISDICTION
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Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
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DAPHNE BELETSIS, individually, and as ) Case No.: 19-CV03287
Administrator of the ESTATE OF )
13 ALEXANDER BELETSIS, and YVONNE )
www.gclitigation.com
RAINEY, surviving parent of ) DECLARATION IN SUPPORT OF
14 ALEXANDER BELETSIS, deceased, ) MOTION FOR GOOD FAITH
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) SETTLEMENT DETERMINATION
Plaintiffs, )
16 ) Date: November 29, 2021
vs. ) Time: 8:30 a.m.
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) Dept: 10
18 THETA CHI FRATERNITY, et al., ) Trial: June 20, 2022
)
19 Defendants. )
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DECLARATION IN SUPPORT OF MOTION FOR
21 GOOD FAITH SETTLEMENT DETERMINATION
22 The undersigned attorney – Alan F. Hunter – submits this declaration under penalty of
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perjury and in support of the pending good faith settlement motion filed on behalf of Defendant
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Rafael Garcia Jr. (“Garcia”).
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1. I am an attorney at law duly licensed to practice in California, and I am an attorney-of-
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27 record herein for Garcia. I am familiar with the pleadings in the above-captioned action. I am
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DECLR RE DEF-GARCIA’S GFS MEMO 1
1 familiar with the discovery and investigative materials in the above-captioned action. I am
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familiar with settlement in the above-captioned action.
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2. Plaintiffs’ operative complaint – a first amended complaint (“FAC”) sets for
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5 negligence claims against Garcia. Garcia answered the FAC and thereby denied all claims
6 alleged against him. Garcia continues to deny all such claims.
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3. The parties to the action have engaged in various written discovery efforts and
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depositions. Verified written discovery responses served to date do not identify an offending act
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or omission to Garcia. The sworn deposition testimony obtained to date does not attribute an
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11 offending act or omission to Garcia. Plaintiffs written discovery responses include general
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 statements adverse to Garcia, but those responses do not set forth actual facts that establish
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Garcia’ personal “participation, knowledge or approval” of an offending act or omission.
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4. After various discovery efforts, Garcia filed a motion for summary
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judgment/adjudication attacking the FAC. The motion is currently set for a November 8, 2021,
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17 hearing.
18 5. After Garcia filed his summary judgment/adjudication motion, Garcia and Plaintiffs
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(through their respective attorneys of record) engaged in extended settlement negotiations – and
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those negotiations resulted in a settlement. The basic settlement terms are: a $35,000 insurance-
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22 funded payment to Plaintiffs in exchange for a release of all claims and a dismissal (with
23 prejudice) of Plaintiffs’ action against Garcia. The release extends to all known, unknown,
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asserted, and unasserted claims – including the claims framed by the existing complaint – and it
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includes a good faith settlement contingency. The release also references Garcia’s agreement to
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submit to an interview, and the appointment of his counsel as agent to accept service of a
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28 deposition/trial subpoena.
DECLR RE DEF-GARCIA’S GFS MEMO 2
1 6. Attached hereto as Exhibit-1 is a true and correct copy of the applicable
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release/settlement document in executed form.
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7. Attached hereto as Exhibit-2 is a true and correct copy of a declaration executed by
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5 Garcia and previously filed with the court in support of Garcia’s summary judgment/adjudication
6 motion.
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8. Garcia is insured through his parents’ Allstate homeowners’ policy and a fraternity-related
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liability policy administered through Creative Risk (the named insurer is unknown). The Allstate policy
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limits total $300,000, and a reservation of rights is in place. The Creative Risk administered policy limits
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are burning limits that according to insurance representatives have been depleted by defense costs.
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Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
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I declare under penalty of perjury under the laws of California that the foregoing is true
13 and correct, and that this declaration was executed in Santa Clara County, California, on the date
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indicated below.
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16 Dated: October 14, 2021 GAVIN CUNNINGHAM & HUNTER
authorized e-signature 099805
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By:
Alan F. Hunter
Alan F. Hunter, Esq.
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Attorneys for Defendant-Garcia
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DECLR RE DEF-GARCIA’S GFS MEMO 3
Exhibit 1
RELEASE & SETTLEMENT OF ALL CLAIMS
The undersigned – Daphne Beletsis and Yvonne Rainey (hereinafter “Plaintiffs”), on their own behalf and on behalf
of all wrongful death heirs and statutory heirs and other heirs and successors and estates of Alexander Beletsis
(hereinafter “Decedent”), and on behalf of all other related persons and entities – in consideration of the settlement
sum identified in this release and settlement document (hereinafter “Release-Agreement”) and paid in the form of one
or more drafts/checks payable as indicated in this Release-Agreement, do hereby release and discharge, Rafael Garcia
Jr., Allstate (solely for and as the insurance carrier for Rafael Garcia Jr. and his parents, and not for any others), and all
related persons and entities and insureds (hereinafter “Released-Parties) from any and every claim, right, demand, and
cause of action of whatsoever kind or nature whether known or unknown – including, but not limited to, all negligence
claims, wrongful death claims, survival claims, loss of consortium claims, emotional distress claims, hazing claims,
alcohol claims, drug claims, statutory claims, tort claims, contract claims, injury claims, economic damage claims,
non-economic damage claims, punitive damage claims, exemplary damage claims, litigation expense/cost claims,
attorneys’ fee claims, lien claims, restitution claims, reimbursement claims, interest claims, and any and all other
damage claims and equitable claims and monetary claims and non-monetary claims of any and all sorts – by reason of
death or injury or damage to person or property sustained by Plaintiffs and/or Decedent and/or any of them and arising
out of or in any way connected with or resulting from fraternity-based acts and omissions, acts and omissions of any
kind linked directly or indirectly to Rafael Garcia Jr., a June 2, 2018, incident in which Decedent fell causing injury
and leading to his subsequent death, the subject matter of Santa Cruz County Superior Court Action 19CV03287
(hereinafter “Action”), and each and every incident alleged in the Action (hereinafter “Occurrences/Incidents”). With
respect to the Occurrences/Incidents and the subject matter of the Action, this Release-Agreement terminates all claims
against the Released-Parties.
THE RELEASED-PARTIES DO NOT INCLUDE THETA CHI FRATERNITY, THETA IOTA CHAPTER
OF THETA CHI FRATERNITY, AND ANY INDIVIDUALS NOT NAMED RAFAEL GARCIA JR. AND
WHO ARE OR MAY IN THE FUTURE BE NAMED AS DEFENDANTS IN THE ACTION, AND
PLAINTIFFS EXPRESSLY AND FULLY RESERVE ALL RIGHTS AGAINST SAID FRATERNITY, SAID
CHAPTER, AND SAID INDIVIDUAL-DEFENDANTS WHILE EFFECTING A FULL AND FINAL
RELEASE AND DISCHARGE, AND SETTLEMENT OF ALL CLAIMS AGAINST RAFAEL GARCIA JR.
AND THE OTHER RELEASED-PARTIES.
In further acceptance of the aforesaid consideration, Plaintiffs hereby agree, represent and warrant as follows:
1. The total settlement obligation of the Released-Parties is payment of the settlement sum of Thirty-Five
Thousand Dollars and no Cents ($35,000.00). The aforesaid settlement sum is paid and accepted in trust for the
protection and benefit of Plaintiffs, Decedent’s wrongful death heirs and statutory heirs and other heirs, Decedent’s
successors and estates, and any and all lien, reimbursement and other third-party claimants. The aforesaid settlement
sum is paid through Allstate as a liability insurer for one or more Released-Parties. In addition, Rafael Garcia Jr. has
agreed to voluntarily submit to an interview (in the presence of his counsel) by counsel for Plaintiffs and execute an
affidavit accurately setting forth the facts disclosed by Mr. Garcia during said interview following review of the
contents by Mr. Garcia and his counsel. Further, Mr. Garcia appoints his legal counsel as his agent for service of
process should Mr. Garcia’s presence at trial, either in-person or via de bene esse deposition, be required by Plaintiffs’
counsel, said notice being served and any deposition taken in accordance with the California Rules.
(a) Plaintiffs hereby acknowledge and confirm that payment of the aforesaid settlement sum, or any portion
thereof, is contingent upon entry of a court order approving the settlement as a “good faith” settlement within the
meaning of sections 877 and 877.6 of the California Code of Civil Procedure and barring/dismissing
indemnity/equitable cross-complaints against Rafael Garcia Jr..
(b) Plaintiffs Daphne Beletsis and Yvonne Rainey are the sole personal representatives and successors in
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interest (including, without limitation, personal representative and successor in interest as defined in section 377.11 of
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the California Code of Civil Procedure) of Decedent. Plaintiffs Daphne Beletsis and Yvonne Rainey succeed to and
hold all rights and authority over any and every claim, right, demand, and cause of action held by Decedent and which
DAB YR (Plaintiffs)
Initials: __________
survived his death – and no person or entity holds or held superior or competing rights and authority as to the same.
Plaintiffs Daphne Beletsis and Yvonne Rainey – in their stated representative capacity and as administrator of
Decedent’s estate – hereby knowingly and forever waives and abandons and releases and discharges the Released-
Parties from any and every claim, right, demand, and cause of action held by Decedent and which survived Decedent’s
death and which arose out of or which was in any way connected with or resulted from the aforesaid
Occurrences/Incidents. Except for the Action, no claims have been brought and no such claims shall be brought for the
benefit of Decedent (or a related estate) including (but not limited to) claims for medical expenses incurred by
Decedent or other claims that did or would survive Decedent’s death.
(c) Plaintiffs Daphne Beletsis and Yvonne Rainey are the sole persons entitled to assert a cause of action for
the wrongful death of Decedent, and there are no other persons or representatives (including, without limitation,
persons and representatives as described in section 377.60 of the California Code of Civil Procedure) who could have
or should have been joined as a wrongful death plaintiff in the Action. In the event of any dispute between Plaintiffs
or any Plaintiff and any third-party as to the allocation or division of the aforesaid settlement sum, or any other matter
which arises out of or relates to this Release-Agreement or the subject matter thereof, Plaintiffs and their attorneys
shall take all necessary action to resolve the dispute, and Plaintiffs and their attorneys hereby agree to fully indemnify
and hold harmless the Released-Parties from any and all such disputes and related claims.
2. Plaintiffs understand the liability for the aforesaid Occurrences/Incidents, and the injuries and damages
claimed, are disputed by the Released-Parties and the release and discharge and settlement set forth in this Release-
Agreement is a compromise and shall not be construed as an admission of liability or injuries or damages – and the
Released-Parties do not accept liability or responsibility for medical expenses or any other economic loss or non-
economic loss.
3. This Release-Agreement sets forth a full and final release and discharge and settlement applying to all
unknown and unanticipated injuries, deaths, or damages arising out of the aforesaid Occurrences/Incidents, as well as
to those now known or disclosed, and Plaintiffs waive all rights and benefits which Plaintiffs now have or in the future
may have under the terms of Section 1542 of the Civil Code of the State of California, which said section reads as
follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.”
4. Any and all lien claims or other third-party claims that may have existed prior to the execution of this Release-
Agreement have been satisfied/resolved or will be satisfied/resolved from the aforesaid settlement sum which has been
paid and accepted in trust for the protection and benefit of any and all lien claimants and other third-party claimants.
In all respects, Plaintiffs and their attorneys hereby agree to fully indemnify, defend, and hold harmless the Released-
Parties from any and all liens, lien claims, subrogation claims, reimbursement claims, assignments, and healthcare
billings – including, without limitation, all medical liens, all Medicare claims, all Medicaid claims, all Medi-Cal
claims, and all healthcare claims.
5. As a condition of settlement Plaintiffs hereby certify that one or more of them is a Medicare recipient and/or
Medicare eligible and/or will become Medicare eligible within 30 months of the date of this Release-Agreement, that a
Medicare set aside payment is not required in this matter, that they have fully complied with all Medicare laws and
regulations applicable to the subject settlement and this Release-Agreement, and that Medicare has no interest in the
aforesaid settlement sum or the subject settlement or this Release-Agreement.
6. Plaintiffs are competent adults, Plaintiffs have read (directly or through a duly qualified translator) this
Release-Agreement and fully understand the content and effect of the same, Plaintiffs are fully entitled and duly
authorized to give the complete release and discharge and settlement set forth in this Release-Agreement and to
otherwise execute this Release-Agreement.
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Plaintiffs – strictly with respect to the Released-Parties – hereby abandon and dismiss with prejudice all
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7.
causes of action arising out of or in any way connected with or resulting from the aforesaid Occurrences/Incidents,
including (but not limited to) the Action. Plaintiffs shall forthwith dismiss the entire Action against Rafael Garcia Jr.,
DAB YR (Plaintiffs)
Initials: __________
only, with prejudice and with all parties bearing their own attorneys’ fees and costs and expenses, and Plaintiffs
warrant that no other legal action has been filed by Plaintiffs against the Released-Parties regarding any of the matters
which are the subject of this Release-Agreement, and that no such legal action shall be filed.
8. Plaintiffs shall indemnify, defend and hold harmless the Released-Parties from any loss, claim, expense,
demand, or cause of action of any kind or character incurred directly or indirectly by reason of the falsity or inaccuracy
of any representation in this Release-Agreement.
9. Plaintiffs hereby name, designate and appoint their attorneys at The Fierberg National Law Group PLLC as
authorized agent to accept delivery of the aforesaid settlement sum pursuant to the terms of this Release-Agreement,
and the Released-Parties are hereby authorized to deliver the same to said authorized agent.
10. This Release-Agreement is executed without reliance upon any representation by any person, and is executed
as the free act of Plaintiffs. This Release-Agreement may be executed in counterparts and by way of electronic or
facsimile signatures, all with the same force and effect of a single original document.
11. This Release-Agreement contains the entire agreement between the parties hereto, and the terms of the same
are contractual and not a mere recital. Together, all of the settlement documents referenced in this paragraph are
hereby deemed a fully integrated document that in all circumstances terminate any and all claims and rights of
Plaintiffs and Decedent against the Released-Parties.
IN WITNESS WHEREOF, Plaintiffs have hereunto set their hands on the date indicated below.
9/22/21
By: ______________________________ Dated: _________________
Plaintiff Daphne Beletsis
9/23/21
By: ______________________________ Dated: _________________
Plaintiff Yvonne Rainey
Approved as to form and content & verification of above signatures
9/22/21
By: ______________________________ Dated: _________________ 47-5554638
Tax ID Number: ________________
The Fierberg National Law Group PLLC, attorneys for Plaintiffs
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Initials: __________ (Plaintiffs)
Exhibit 2
1 Alan F. Hunter, Esq. (SBI 099805)
Elizabeth G. Landess, Esq. (SBI 138353)
2 GAVIN CUNNINGHAM & HUNTER
5655 Silver Creek Valley Road, PMB 665
3 San Jose, California 95138
Email: hunter@gclitigation.com
4 Email: landess@gclitigation.com
Telephone: 408/294-8500
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Attorneys for Defendant Rafael Garcia Jr.
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA CRUZ – UNLIMITED JURISDICTION
11 DAPHNE BELETSIS, individually, and as ) Case No.: 19-CV03287
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12
Administrator of the ESTATE OF )
ALEXANDER BELETSIS, and YVONNE )
13 RAINEY, surviving parent of ALEXANDER )
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BELETSIS, deceased, ) DECLARATION OF DEFENDANT
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) RAFAEL GARCIA JR. IN SUPPORT OF
15 Plaintiffs, ) ALTERNATIVE MOTIONS FOR
) SUMMARY JUDGMENT/ADJUDICATION
16 vs. )
) Date: 09-13-2021
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THETA CHI FRATERNITY, et al., ) Time: 8:30AM
18 ) Dept: 4
Defendants. ) Trial: TBD
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DECLARATION OF DEFENDANT RAFAEL GARCIA JR.
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21 The undersigned Defendant – Rafael Garcia Jr. – submits this declaration under penalty
22 of perjury and in support of his alternative motions for summary judgment/adjudication.
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1. I am a named Defendant in the above-captioned action. I have read the complaint filed
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in the action, and I understand that the complaint includes allegations that charge me with
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negligence relative to purported college fraternity hazing and alcohol/drug misconduct. I have
27 denied all such allegations, including allegations that implicate me in the death of Alexander
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Beletsis (“Beletsis”) and any injuries he may have suffered prior to his death.
DEF-GARCIA MSJ/MSA DECLR 1
1 2. I was born on May 28, 1995. I attended UC Santa Cruz (“UCSC”) from 2013 to 2018.
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I graduated from UCSC on June 16, 2018, with a BA degree in political science. I was 23-years-
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old when I graduated. In 2015, while a UCSC student, I joined the Theta Iota Chapter of the
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Theta Chi Fraternity. In 2016, for a single college quarter, I was the Chapter’s representative on
6 the UCSC Inter Greek Council (IGC). IGC is the governing board for the overall group of
7 Greek-Letter organizations (e.g., fraternities and sororities) that UCSC recognizes. IGC strives
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to promote unity across fraternities and sororities, and also strives to promote compliance with
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UCSC standards. IGC consists of a small number of elected officers and an IGC representative
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11 from each Greek-Letter organization. I was the IGC vice-president starting in 2016 and ending
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 on June 1, 2018. As IGC Vice-President I chaired IGC meetings when the President was
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unavailable, and I was in charge of “Greek Week” which is UCSC-sponsored and held on
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campus. With respect to Greek Week, I organized a variety of non-dangerous events, such as
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relay races and pizza eating contests, that all UCSC recognized fraternities and sororities
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17 participated in – and all the IGC events were alcohol-free and drug-free. As IGC Vice-President
18 I was not involved in any disciplinary actions – all disciplinary actions directed at fraternities and
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sororities were handled by the IGC President and the IGC standards chair. I was also the
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Chapter’s Vice President of Health & Safety (“VPHS”) in 2016. As VPHS I was in charge of
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putting on and promoting health events (such as a “Candle Pass” where members would talk
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23 about problems and offer support to others as a candle was passed from member to member, and
24 a “Lyft Pledge” where members offered a free rideshare code to others and asked them to sign a
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pledge to not drink and drive ), and making myself available as a resource for those who wanted
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health information. The VPHS position – like the President, Vice-President, Marshal (the
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Chapter pledge educator) and Secretary/Treasurer positions – was an “executive officer” and
DEF-GARCIA MSJ/MSA DECLR 2
1 “leadership” position with the Chapter. Non-Officer leadership positions included social,
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philanthropy, fundraising, intramural, scholarship, and brotherhood chairs – and Beletsis held the
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brotherhood chair on June 2, 2018. The President and the Marshal were the only Chapter
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positions with authority to assign tasks to pledges, while all of the executive officers had
6 authority to assign tasks to members. The Chapter’s standards committee (which I was never a
7 part of) was in charge of disciplinary matters, and the Vice-President ran the committee. I held
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no officer and no leadership positions with the Chapter during 2018, I never assigned any task to
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Beletsis, and based upon the Chapter’s organizational structure as routinely communicated to
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11 pledges and members I never held actual or apparent authority over Beletsis. The Chapter was
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GAVIN CUNNINGHAM & HUNTER
12 subject to a UCSC suspension that ran from 2016 into 2017, and during the suspension I helped
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put on events with UCSC. I became the Chapter’s Public Relations chair in 2017, and in that
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position I simply addressed specific tasks (such as delivering anniversary flowers to sororities) as
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they arose. By the end of 2017, and putting aside simple membership, I was no longer in any
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17 position with the Chapter – and I was not an officer or in any leadership position at any time
18 during 2018. Putting aside simple membership, I was never an officer or a director of the Theta
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Chi Fraternity and I was never in a position of authority.
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3. Before joining the fraternity I was made aware of the Chapter’s pledge process. I
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understood that other than official pledge meetings I was not required to participate in any
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23 particular part of the pledge process – and there were rituals, events, meetings, and other parts of
24 the process that I missed without repercussions. During the time I was associated with the
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Chapter, before anyone became a pledge they were required to attend an informational meeting
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about the Chapter, membership, fees, and the pledge process – and when actual pledges meet for
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the first time as a group each pledge was asked to sign anti-hazing, Theta Chi Fraternity, and
DEF-GARCIA MSJ/MSA DECLR 3
1 UCSC policy guidelines. That is an example of a required pledge meeting, and a pledge meeting
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that fraternity members were also required to attend. Based upon my personal observations and
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first-hand experiences, I know of no pledge or fraternity member who was treated differently
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from me.
6 4. At no time during the pledge process, or my subsequent fraternity membership, was I
7 hazed or subjected to any dangerous ritual or forced to consume alcohol or drugs. As a fraternity
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member I was never forced to do anything – all members were equal with no authority hierarchy
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outside the aforesaid officer/leadership positions.
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11 5. I met Beletsis in 2017 when he joined the Theta Iota Chapter of the Theta Chi
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 Fraternity. Beletsis joined the Chapter after the aforesaid suspension was lifted. My only
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connection to Beletsis was through the Chapter. With respect to Beletsis – and noting that I did
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not attend every fraternity ceremony, meeting or event – I am not aware of any time at which
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Beletsis (as a pledge or fraternity member) was subjected to hazing, dangerous rituals, or forced
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17 to drink alcohol or take drugs – and if any such activity was carried out, it was carried out
18 without my knowledge or approval. I did not authorize, request, command, participate in, or
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ratify (i.e., I did not approve in advance or after-the-fact) any hazing or other dangerous
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misconduct that may have been directed at Beletsis. When Beletsis was a pledge, he asked if he
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could interview me – I said yes, we met in a UCSC dining hall, and we had a get-to-know-each-
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23 other talk as we ate together. After Beletsis became a fraternity member we never hung out
24 together, and putting the common thread of fraternity membership aside, the best way to describe
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our relationship is with the “acquaintance” label. In short, Beletsis and I were not close, we were
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not involved in each other’s day-to-day lives, and neither of us were dependent on the other.
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DEF-GARCIA MSJ/MSA DECLR 4
1 6. I understand that Beletsis suffered a catastrophic injury on June 2, 2018, when he fell
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from the upstairs level of a house that some fraternity members lived at. I never lived at that
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house or any actual or satellite fraternity house. I also understand that the catastrophic injury led
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to Beletsis’ hospitalization, death, and related economic loss. I have no first-hand information
6 about the circumstances that led to the June 2, 2018, fall. I did not collaborate with anyone
7 relative to any act, failure to act, conduct, or misconduct that led to Beletsis’ June 2, 2018, fall
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and his subsequent death. Beletsis, like all of the fraternity-members, was not required to
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consume alcohol/drugs or to participate in the fraternity-based aspects of the June 2, 2018, events
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11 – and if anyone required Beletsis to consume alcohol/drugs or participate in the fraternity-based
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GAVIN CUNNINGHAM & HUNTER
12 aspects of the June 2, 2018, events, it was done without my knowledge or approval.
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7. I attended a fraternity-ceremony and a subsequent fraternity-party on June 2, 2018. I
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did not plan the June 2, 2018, fraternity-ceremony or the subsequent fraternity-party. I saw
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Beletsis at both events.
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17 8. I did not transport or accompany Beletsis to the fraternity-ceremony. I saw Beletsis at
18 the fraternity-ceremony, but other than greeting him (and others) when I arrived, I did not
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interact with him at that event. I did not see or hear anything that led me to believe he was
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intoxicated or otherwise impaired – and I made no observation that led me to form an impression
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that Beletsis was intoxicated or otherwise impaired. While those who attended the fraternity-
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23 ceremony were offered a single ceremonial toast (a shot of alcohol), no one was required to
24 consume the toast (as an example, I declined the toast without consequence) – and if anyone
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required Beletsis to consume the toast, it was done without my knowledge or approval. The
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fraternity-ceremony did not involve any ritual hazing or forced alcohol/drug use – and if anyone
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engaged in hazing, forced alcohol/drug consumption, or any dangerous ritual/act, it was carried
DEF-GARCIA MSJ/MSA DECLR 5
1 out without my knowledge or approval. With respect to the fraternity-ceremony – and without
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reference to the voluntary ceremonial toast – I did not approve, plan, direct, or in any way effect
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or carry out hazing, forced alcohol/drug use, or any dangerous ritual/act. Other than the
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ceremonial toast, I did not see Beletsis handle or consume alcohol at the fraternity-ceremony.
6 Drugs were not part of the fraternity-ceremony, and I did not see anyone handle or consume
7 drugs at the fraternity-ceremony.
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9. I did not transport or accompany Beletsis to the fraternity-party. I saw Beletsis at the
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fraternity-party but I did not form a consequent impression that Beletsis was intoxicated or
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11 otherwise impaired. I did have a brief interaction with Beletsis at the fraternity-party. Beletsis
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GAVIN CUNNINGHAM & HUNTER
12 approached me and apologized relative to my efforts to help break-up a random argument that
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happened about two-weeks earlier. I accepted the apology and told Beletsis not to worry about it
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and to enjoy his night. Beletsis smiled and asked if he could get me anything, and I asked for a
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bottle of water bottle that he never brought. Beletsis walked away, and I never saw him again
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17 that night. The interaction happened on the first-floor of the house in which the party took place,
18 and I estimate that there was about 100 to 150 people (fraternity members and guests) at the
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party. During the stated interaction, and based on my personal observations, Beletsis had a beer
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in his hand but he was not slurring his words, was not incoherent, was not mentally unstable, was
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ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 1 Alan F. Hunter, Esq. (SBI 099805) 10/18/2021 3:29 PM Elizabeth G. Landess, Esq. (SBI 138353) Alex Calvo, Clerk 2 GAVIN CUNNINGHAM & HUNTER By: Richard Kersten Seago, Deputy 5655 Silver Creek Valley Road, PMB 665 3 San Jose, California 95138 Email: hunter@gclitigation.com 4 Email: landess@gclitigation.com Telephone: 408/294-8500 5 Attorneys for Defendant Rafael Garcia Jr. 6 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ – UNLIMITED JURISDICTION 11 Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 DAPHNE BELETSIS, individually, and as ) Case No.: 19-CV03287 Administrator of the ESTATE OF ) 13 ALEXANDER BELETSIS, and YVONNE ) www.gclitigation.com RAINEY, surviving parent of ) DECLARATION IN SUPPORT OF 14 ALEXANDER BELETSIS, deceased, ) MOTION FOR GOOD FAITH 15 ) SETTLEMENT DETERMINATION Plaintiffs, ) 16 ) Date: November 29, 2021 vs. ) Time: 8:30 a.m. 17 ) Dept: 10 18 THETA CHI FRATERNITY, et al., ) Trial: June 20, 2022 ) 19 Defendants. ) 20 DECLARATION IN SUPPORT OF MOTION FOR 21 GOOD FAITH SETTLEMENT DETERMINATION 22 The undersigned attorney – Alan F. Hunter – submits this declaration under penalty of 23 perjury and in support of the pending good faith settlement motion filed on behalf of Defendant 24 Rafael Garcia Jr. (“Garcia”). 25 1. I am an attorney at law duly licensed to practice in California, and I am an attorney-of- 26 27 record herein for Garcia. I am familiar with the pleadings in the above-captioned action. I am 28 DECLR RE DEF-GARCIA’S GFS MEMO 1 1 familiar with the discovery and investigative materials in the above-captioned action. I am 2 familiar with settlement in the above-captioned action. 3 2. Plaintiffs’ operative complaint – a first amended complaint (“FAC”) sets for 4 5 negligence claims against Garcia. Garcia answered the FAC and thereby denied all claims 6 alleged against him. Garcia continues to deny all such claims. 7 3. The parties to the action have engaged in various written discovery efforts and 8 depositions. Verified written discovery responses served to date do not identify an offending act 9 or omission to Garcia. The sworn deposition testimony obtained to date does not attribute an 10 11 offending act or omission to Garcia. Plaintiffs written discovery responses include general Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 statements adverse to Garcia, but those responses do not set forth actual facts that establish 13 Garcia’ personal “participation, knowledge or approval” of an offending act or omission. www.gclitigation.com 14 4. After various discovery efforts, Garcia filed a motion for summary 15 judgment/adjudication attacking the FAC. The motion is currently set for a November 8, 2021, 16 17 hearing. 18 5. After Garcia filed his summary judgment/adjudication motion, Garcia and Plaintiffs 19 (through their respective attorneys of record) engaged in extended settlement negotiations – and 20 those negotiations resulted in a settlement. The basic settlement terms are: a $35,000 insurance- 21 22 funded payment to Plaintiffs in exchange for a release of all claims and a dismissal (with 23 prejudice) of Plaintiffs’ action against Garcia. The release extends to all known, unknown, 24 asserted, and unasserted claims – including the claims framed by the existing complaint – and it 25 includes a good faith settlement contingency. The release also references Garcia’s agreement to 26 submit to an interview, and the appointment of his counsel as agent to accept service of a 27 28 deposition/trial subpoena. DECLR RE DEF-GARCIA’S GFS MEMO 2 1 6. Attached hereto as Exhibit-1 is a true and correct copy of the applicable 2 release/settlement document in executed form. 3 7. Attached hereto as Exhibit-2 is a true and correct copy of a declaration executed by 4 5 Garcia and previously filed with the court in support of Garcia’s summary judgment/adjudication 6 motion. 7 8. Garcia is insured through his parents’ Allstate homeowners’ policy and a fraternity-related 8 liability policy administered through Creative Risk (the named insurer is unknown). The Allstate policy 9 limits total $300,000, and a reservation of rights is in place. The Creative Risk administered policy limits 10 are burning limits that according to insurance representatives have been depleted by defense costs. 11 Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 I declare under penalty of perjury under the laws of California that the foregoing is true 13 and correct, and that this declaration was executed in Santa Clara County, California, on the date www.gclitigation.com 14 indicated below. 15 16 Dated: October 14, 2021 GAVIN CUNNINGHAM & HUNTER authorized e-signature 099805 17 18 By: Alan F. Hunter Alan F. Hunter, Esq. 19 Attorneys for Defendant-Garcia 20 21 22 23 24 25 26 27 28 DECLR RE DEF-GARCIA’S GFS MEMO 3 Exhibit 1 RELEASE & SETTLEMENT OF ALL CLAIMS The undersigned – Daphne Beletsis and Yvonne Rainey (hereinafter “Plaintiffs”), on their own behalf and on behalf of all wrongful death heirs and statutory heirs and other heirs and successors and estates of Alexander Beletsis (hereinafter “Decedent”), and on behalf of all other related persons and entities – in consideration of the settlement sum identified in this release and settlement document (hereinafter “Release-Agreement”) and paid in the form of one or more drafts/checks payable as indicated in this Release-Agreement, do hereby release and discharge, Rafael Garcia Jr., Allstate (solely for and as the insurance carrier for Rafael Garcia Jr. and his parents, and not for any others), and all related persons and entities and insureds (hereinafter “Released-Parties) from any and every claim, right, demand, and cause of action of whatsoever kind or nature whether known or unknown – including, but not limited to, all negligence claims, wrongful death claims, survival claims, loss of consortium claims, emotional distress claims, hazing claims, alcohol claims, drug claims, statutory claims, tort claims, contract claims, injury claims, economic damage claims, non-economic damage claims, punitive damage claims, exemplary damage claims, litigation expense/cost claims, attorneys’ fee claims, lien claims, restitution claims, reimbursement claims, interest claims, and any and all other damage claims and equitable claims and monetary claims and non-monetary claims of any and all sorts – by reason of death or injury or damage to person or property sustained by Plaintiffs and/or Decedent and/or any of them and arising out of or in any way connected with or resulting from fraternity-based acts and omissions, acts and omissions of any kind linked directly or indirectly to Rafael Garcia Jr., a June 2, 2018, incident in which Decedent fell causing injury and leading to his subsequent death, the subject matter of Santa Cruz County Superior Court Action 19CV03287 (hereinafter “Action”), and each and every incident alleged in the Action (hereinafter “Occurrences/Incidents”). With respect to the Occurrences/Incidents and the subject matter of the Action, this Release-Agreement terminates all claims against the Released-Parties. THE RELEASED-PARTIES DO NOT INCLUDE THETA CHI FRATERNITY, THETA IOTA CHAPTER OF THETA CHI FRATERNITY, AND ANY INDIVIDUALS NOT NAMED RAFAEL GARCIA JR. AND WHO ARE OR MAY IN THE FUTURE BE NAMED AS DEFENDANTS IN THE ACTION, AND PLAINTIFFS EXPRESSLY AND FULLY RESERVE ALL RIGHTS AGAINST SAID FRATERNITY, SAID CHAPTER, AND SAID INDIVIDUAL-DEFENDANTS WHILE EFFECTING A FULL AND FINAL RELEASE AND DISCHARGE, AND SETTLEMENT OF ALL CLAIMS AGAINST RAFAEL GARCIA JR. AND THE OTHER RELEASED-PARTIES. In further acceptance of the aforesaid consideration, Plaintiffs hereby agree, represent and warrant as follows: 1. The total settlement obligation of the Released-Parties is payment of the settlement sum of Thirty-Five Thousand Dollars and no Cents ($35,000.00). The aforesaid settlement sum is paid and accepted in trust for the protection and benefit of Plaintiffs, Decedent’s wrongful death heirs and statutory heirs and other heirs, Decedent’s successors and estates, and any and all lien, reimbursement and other third-party claimants. The aforesaid settlement sum is paid through Allstate as a liability insurer for one or more Released-Parties. In addition, Rafael Garcia Jr. has agreed to voluntarily submit to an interview (in the presence of his counsel) by counsel for Plaintiffs and execute an affidavit accurately setting forth the facts disclosed by Mr. Garcia during said interview following review of the contents by Mr. Garcia and his counsel. Further, Mr. Garcia appoints his legal counsel as his agent for service of process should Mr. Garcia’s presence at trial, either in-person or via de bene esse deposition, be required by Plaintiffs’ counsel, said notice being served and any deposition taken in accordance with the California Rules. (a) Plaintiffs hereby acknowledge and confirm that payment of the aforesaid settlement sum, or any portion thereof, is contingent upon entry of a court order approving the settlement as a “good faith” settlement within the meaning of sections 877 and 877.6 of the California Code of Civil Procedure and barring/dismissing indemnity/equitable cross-complaints against Rafael Garcia Jr.. (b) Plaintiffs Daphne Beletsis and Yvonne Rainey are the sole personal representatives and successors in 1 interest (including, without limitation, personal representative and successor in interest as defined in section 377.11 of Page the California Code of Civil Procedure) of Decedent. Plaintiffs Daphne Beletsis and Yvonne Rainey succeed to and hold all rights and authority over any and every claim, right, demand, and cause of action held by Decedent and which DAB YR (Plaintiffs) Initials: __________ survived his death – and no person or entity holds or held superior or competing rights and authority as to the same. Plaintiffs Daphne Beletsis and Yvonne Rainey – in their stated representative capacity and as administrator of Decedent’s estate – hereby knowingly and forever waives and abandons and releases and discharges the Released- Parties from any and every claim, right, demand, and cause of action held by Decedent and which survived Decedent’s death and which arose out of or which was in any way connected with or resulted from the aforesaid Occurrences/Incidents. Except for the Action, no claims have been brought and no such claims shall be brought for the benefit of Decedent (or a related estate) including (but not limited to) claims for medical expenses incurred by Decedent or other claims that did or would survive Decedent’s death. (c) Plaintiffs Daphne Beletsis and Yvonne Rainey are the sole persons entitled to assert a cause of action for the wrongful death of Decedent, and there are no other persons or representatives (including, without limitation, persons and representatives as described in section 377.60 of the California Code of Civil Procedure) who could have or should have been joined as a wrongful death plaintiff in the Action. In the event of any dispute between Plaintiffs or any Plaintiff and any third-party as to the allocation or division of the aforesaid settlement sum, or any other matter which arises out of or relates to this Release-Agreement or the subject matter thereof, Plaintiffs and their attorneys shall take all necessary action to resolve the dispute, and Plaintiffs and their attorneys hereby agree to fully indemnify and hold harmless the Released-Parties from any and all such disputes and related claims. 2. Plaintiffs understand the liability for the aforesaid Occurrences/Incidents, and the injuries and damages claimed, are disputed by the Released-Parties and the release and discharge and settlement set forth in this Release- Agreement is a compromise and shall not be construed as an admission of liability or injuries or damages – and the Released-Parties do not accept liability or responsibility for medical expenses or any other economic loss or non- economic loss. 3. This Release-Agreement sets forth a full and final release and discharge and settlement applying to all unknown and unanticipated injuries, deaths, or damages arising out of the aforesaid Occurrences/Incidents, as well as to those now known or disclosed, and Plaintiffs waive all rights and benefits which Plaintiffs now have or in the future may have under the terms of Section 1542 of the Civil Code of the State of California, which said section reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 4. Any and all lien claims or other third-party claims that may have existed prior to the execution of this Release- Agreement have been satisfied/resolved or will be satisfied/resolved from the aforesaid settlement sum which has been paid and accepted in trust for the protection and benefit of any and all lien claimants and other third-party claimants. In all respects, Plaintiffs and their attorneys hereby agree to fully indemnify, defend, and hold harmless the Released- Parties from any and all liens, lien claims, subrogation claims, reimbursement claims, assignments, and healthcare billings – including, without limitation, all medical liens, all Medicare claims, all Medicaid claims, all Medi-Cal claims, and all healthcare claims. 5. As a condition of settlement Plaintiffs hereby certify that one or more of them is a Medicare recipient and/or Medicare eligible and/or will become Medicare eligible within 30 months of the date of this Release-Agreement, that a Medicare set aside payment is not required in this matter, that they have fully complied with all Medicare laws and regulations applicable to the subject settlement and this Release-Agreement, and that Medicare has no interest in the aforesaid settlement sum or the subject settlement or this Release-Agreement. 6. Plaintiffs are competent adults, Plaintiffs have read (directly or through a duly qualified translator) this Release-Agreement and fully understand the content and effect of the same, Plaintiffs are fully entitled and duly authorized to give the complete release and discharge and settlement set forth in this Release-Agreement and to otherwise execute this Release-Agreement. 2 Plaintiffs – strictly with respect to the Released-Parties – hereby abandon and dismiss with prejudice all Page 7. causes of action arising out of or in any way connected with or resulting from the aforesaid Occurrences/Incidents, including (but not limited to) the Action. Plaintiffs shall forthwith dismiss the entire Action against Rafael Garcia Jr., DAB YR (Plaintiffs) Initials: __________ only, with prejudice and with all parties bearing their own attorneys’ fees and costs and expenses, and Plaintiffs warrant that no other legal action has been filed by Plaintiffs against the Released-Parties regarding any of the matters which are the subject of this Release-Agreement, and that no such legal action shall be filed. 8. Plaintiffs shall indemnify, defend and hold harmless the Released-Parties from any loss, claim, expense, demand, or cause of action of any kind or character incurred directly or indirectly by reason of the falsity or inaccuracy of any representation in this Release-Agreement. 9. Plaintiffs hereby name, designate and appoint their attorneys at The Fierberg National Law Group PLLC as authorized agent to accept delivery of the aforesaid settlement sum pursuant to the terms of this Release-Agreement, and the Released-Parties are hereby authorized to deliver the same to said authorized agent. 10. This Release-Agreement is executed without reliance upon any representation by any person, and is executed as the free act of Plaintiffs. This Release-Agreement may be executed in counterparts and by way of electronic or facsimile signatures, all with the same force and effect of a single original document. 11. This Release-Agreement contains the entire agreement between the parties hereto, and the terms of the same are contractual and not a mere recital. Together, all of the settlement documents referenced in this paragraph are hereby deemed a fully integrated document that in all circumstances terminate any and all claims and rights of Plaintiffs and Decedent against the Released-Parties. IN WITNESS WHEREOF, Plaintiffs have hereunto set their hands on the date indicated below. 9/22/21 By: ______________________________ Dated: _________________ Plaintiff Daphne Beletsis 9/23/21 By: ______________________________ Dated: _________________ Plaintiff Yvonne Rainey Approved as to form and content & verification of above signatures 9/22/21 By: ______________________________ Dated: _________________ 47-5554638 Tax ID Number: ________________ The Fierberg National Law Group PLLC, attorneys for Plaintiffs 3 Page Initials: __________ (Plaintiffs) Exhibit 2 1 Alan F. Hunter, Esq. (SBI 099805) Elizabeth G. Landess, Esq. (SBI 138353) 2 GAVIN CUNNINGHAM & HUNTER 5655 Silver Creek Valley Road, PMB 665 3 San Jose, California 95138 Email: hunter@gclitigation.com 4 Email: landess@gclitigation.com Telephone: 408/294-8500 5 Attorneys for Defendant Rafael Garcia Jr. 6 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ – UNLIMITED JURISDICTION 11 DAPHNE BELETSIS, individually, and as ) Case No.: 19-CV03287 Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 Administrator of the ESTATE OF ) ALEXANDER BELETSIS, and YVONNE ) 13 RAINEY, surviving parent of ALEXANDER ) www.gclitigation.com BELETSIS, deceased, ) DECLARATION OF DEFENDANT 14 ) RAFAEL GARCIA JR. IN SUPPORT OF 15 Plaintiffs, ) ALTERNATIVE MOTIONS FOR ) SUMMARY JUDGMENT/ADJUDICATION 16 vs. ) ) Date: 09-13-2021 17 THETA CHI FRATERNITY, et al., ) Time: 8:30AM 18 ) Dept: 4 Defendants. ) Trial: TBD 19 DECLARATION OF DEFENDANT RAFAEL GARCIA JR. 20 21 The undersigned Defendant – Rafael Garcia Jr. – submits this declaration under penalty 22 of perjury and in support of his alternative motions for summary judgment/adjudication. 23 1. I am a named Defendant in the above-captioned action. I have read the complaint filed 24 in the action, and I understand that the complaint includes allegations that charge me with 25 26 negligence relative to purported college fraternity hazing and alcohol/drug misconduct. I have 27 denied all such allegations, including allegations that implicate me in the death of Alexander 28 Beletsis (“Beletsis”) and any injuries he may have suffered prior to his death. DEF-GARCIA MSJ/MSA DECLR 1 1 2. I was born on May 28, 1995. I attended UC Santa Cruz (“UCSC”) from 2013 to 2018. 2 I graduated from UCSC on June 16, 2018, with a BA degree in political science. I was 23-years- 3 old when I graduated. In 2015, while a UCSC student, I joined the Theta Iota Chapter of the 4 5 Theta Chi Fraternity. In 2016, for a single college quarter, I was the Chapter’s representative on 6 the UCSC Inter Greek Council (IGC). IGC is the governing board for the overall group of 7 Greek-Letter organizations (e.g., fraternities and sororities) that UCSC recognizes. IGC strives 8 to promote unity across fraternities and sororities, and also strives to promote compliance with 9 UCSC standards. IGC consists of a small number of elected officers and an IGC representative 10 11 from each Greek-Letter organization. I was the IGC vice-president starting in 2016 and ending Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 on June 1, 2018. As IGC Vice-President I chaired IGC meetings when the President was 13 unavailable, and I was in charge of “Greek Week” which is UCSC-sponsored and held on www.gclitigation.com 14 campus. With respect to Greek Week, I organized a variety of non-dangerous events, such as 15 relay races and pizza eating contests, that all UCSC recognized fraternities and sororities 16 17 participated in – and all the IGC events were alcohol-free and drug-free. As IGC Vice-President 18 I was not involved in any disciplinary actions – all disciplinary actions directed at fraternities and 19 sororities were handled by the IGC President and the IGC standards chair. I was also the 20 Chapter’s Vice President of Health & Safety (“VPHS”) in 2016. As VPHS I was in charge of 21 putting on and promoting health events (such as a “Candle Pass” where members would talk 22 23 about problems and offer support to others as a candle was passed from member to member, and 24 a “Lyft Pledge” where members offered a free rideshare code to others and asked them to sign a 25 pledge to not drink and drive ), and making myself available as a resource for those who wanted 26 health information. The VPHS position – like the President, Vice-President, Marshal (the 27 28 Chapter pledge educator) and Secretary/Treasurer positions – was an “executive officer” and DEF-GARCIA MSJ/MSA DECLR 2 1 “leadership” position with the Chapter. Non-Officer leadership positions included social, 2 philanthropy, fundraising, intramural, scholarship, and brotherhood chairs – and Beletsis held the 3 brotherhood chair on June 2, 2018. The President and the Marshal were the only Chapter 4 5 positions with authority to assign tasks to pledges, while all of the executive officers had 6 authority to assign tasks to members. The Chapter’s standards committee (which I was never a 7 part of) was in charge of disciplinary matters, and the Vice-President ran the committee. I held 8 no officer and no leadership positions with the Chapter during 2018, I never assigned any task to 9 Beletsis, and based upon the Chapter’s organizational structure as routinely communicated to 10 11 pledges and members I never held actual or apparent authority over Beletsis. The Chapter was Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 subject to a UCSC suspension that ran from 2016 into 2017, and during the suspension I helped 13 www.gclitigation.com put on events with UCSC. I became the Chapter’s Public Relations chair in 2017, and in that 14 position I simply addressed specific tasks (such as delivering anniversary flowers to sororities) as 15 they arose. By the end of 2017, and putting aside simple membership, I was no longer in any 16 17 position with the Chapter – and I was not an officer or in any leadership position at any time 18 during 2018. Putting aside simple membership, I was never an officer or a director of the Theta 19 Chi Fraternity and I was never in a position of authority. 20 3. Before joining the fraternity I was made aware of the Chapter’s pledge process. I 21 understood that other than official pledge meetings I was not required to participate in any 22 23 particular part of the pledge process – and there were rituals, events, meetings, and other parts of 24 the process that I missed without repercussions. During the time I was associated with the 25 Chapter, before anyone became a pledge they were required to attend an informational meeting 26 about the Chapter, membership, fees, and the pledge process – and when actual pledges meet for 27 28 the first time as a group each pledge was asked to sign anti-hazing, Theta Chi Fraternity, and DEF-GARCIA MSJ/MSA DECLR 3 1 UCSC policy guidelines. That is an example of a required pledge meeting, and a pledge meeting 2 that fraternity members were also required to attend. Based upon my personal observations and 3 first-hand experiences, I know of no pledge or fraternity member who was treated differently 4 5 from me. 6 4. At no time during the pledge process, or my subsequent fraternity membership, was I 7 hazed or subjected to any dangerous ritual or forced to consume alcohol or drugs. As a fraternity 8 member I was never forced to do anything – all members were equal with no authority hierarchy 9 outside the aforesaid officer/leadership positions. 10 11 5. I met Beletsis in 2017 when he joined the Theta Iota Chapter of the Theta Chi Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 Fraternity. Beletsis joined the Chapter after the aforesaid suspension was lifted. My only 13 connection to Beletsis was through the Chapter. With respect to Beletsis – and noting that I did www.gclitigation.com 14 not attend every fraternity ceremony, meeting or event – I am not aware of any time at which 15 Beletsis (as a pledge or fraternity member) was subjected to hazing, dangerous rituals, or forced 16 17 to drink alcohol or take drugs – and if any such activity was carried out, it was carried out 18 without my knowledge or approval. I did not authorize, request, command, participate in, or 19 ratify (i.e., I did not approve in advance or after-the-fact) any hazing or other dangerous 20 misconduct that may have been directed at Beletsis. When Beletsis was a pledge, he asked if he 21 could interview me – I said yes, we met in a UCSC dining hall, and we had a get-to-know-each- 22 23 other talk as we ate together. After Beletsis became a fraternity member we never hung out 24 together, and putting the common thread of fraternity membership aside, the best way to describe 25 our relationship is with the “acquaintance” label. In short, Beletsis and I were not close, we were 26 not involved in each other’s day-to-day lives, and neither of us were dependent on the other. 27 28 DEF-GARCIA MSJ/MSA DECLR 4 1 6. I understand that Beletsis suffered a catastrophic injury on June 2, 2018, when he fell 2 from the upstairs level of a house that some fraternity members lived at. I never lived at that 3 house or any actual or satellite fraternity house. I also understand that the catastrophic injury led 4 5 to Beletsis’ hospitalization, death, and related economic loss. I have no first-hand information 6 about the circumstances that led to the June 2, 2018, fall. I did not collaborate with anyone 7 relative to any act, failure to act, conduct, or misconduct that led to Beletsis’ June 2, 2018, fall 8 and his subsequent death. Beletsis, like all of the fraternity-members, was not required to 9 consume alcohol/drugs or to participate in the fraternity-based aspects of the June 2, 2018, events 10 11 – and if anyone required Beletsis to consume alcohol/drugs or participate in the fraternity-based Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 aspects of the June 2, 2018, events, it was done without my knowledge or approval. 13 www.gclitigation.com 7. I attended a fraternity-ceremony and a subsequent fraternity-party on June 2, 2018. I 14 did not plan the June 2, 2018, fraternity-ceremony or the subsequent fraternity-party. I saw 15 Beletsis at both events. 16 17 8. I did not transport or accompany Beletsis to the fraternity-ceremony. I saw Beletsis at 18 the fraternity-ceremony, but other than greeting him (and others) when I arrived, I did not 19 interact with him at that event. I did not see or hear anything that led me to believe he was 20 intoxicated or otherwise impaired – and I made no observation that led me to form an impression 21 that Beletsis was intoxicated or otherwise impaired. While those who attended the fraternity- 22 23 ceremony were offered a single ceremonial toast (a shot of alcohol), no one was required to 24 consume the toast (as an example, I declined the toast without consequence) – and if anyone 25 required Beletsis to consume the toast, it was done without my knowledge or approval. The 26 fraternity-ceremony did not involve any ritual hazing or forced alcohol/drug use – and if anyone 27 28 engaged in hazing, forced alcohol/drug consumption, or any dangerous ritual/act, it was carried DEF-GARCIA MSJ/MSA DECLR 5 1 out without my knowledge or approval. With respect to the fraternity-ceremony – and without 2 reference to the voluntary ceremonial toast – I did not approve, plan, direct, or in any way effect 3 or carry out hazing, forced alcohol/drug use, or any dangerous ritual/act. Other than the 4 5 ceremonial toast, I did not see Beletsis handle or consume alcohol at the fraternity-ceremony. 6 Drugs were not part of the fraternity-ceremony, and I did not see anyone handle or consume 7 drugs at the fraternity-ceremony. 8 9. I did not transport or accompany Beletsis to the fraternity-party. I saw Beletsis at the 9 fraternity-party but I did not form a consequent impression that Beletsis was intoxicated or 10 11 otherwise impaired. I did have a brief interaction with Beletsis at the fraternity-party. Beletsis Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 approached me and apologized relative to my efforts to help break-up a random argument that 13 www.gclitigation.com happened about two-weeks earlier. I accepted the apology and told Beletsis not to worry about it 14 and to enjoy his night. Beletsis smiled and asked if he could get me anything, and I asked for a 15 bottle of water bottle that he never brought. Beletsis walked away, and I never saw him again 16 17 that night. The interaction happened on the first-floor of the house in which the party took place, 18 and I estimate that there was about 100 to 150 people (fraternity members and guests) at the 19 party. During the stated interaction, and based on my personal observations, Beletsis had a beer 20 in his hand but he was not slurring his words, was not incoherent, was not mentally unstable, was