Preview
ELECTRONICALLY FILED
Superior Court of California
1 Alan F. Hunter, Esq. (SBI 099805) County of Santa Cruz
Elizabeth G. Landess, Esq. (SBI 138353) 6/14/2021 12:19 PM
2 GAVIN CUNNINGHAM & HUNTER Alex Calvo, Clerk
5655 Silver Creek Valley Road, PMB 665 By: Helena Hanson, Deputy
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.
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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
8:30AM
17
THETA CHI FRATERNITY, et al., ) Time:
18 ) Dept: 4
Defendants. ) Trial: TBD
19
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
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
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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
2
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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With respect to Beletsis – and noting that I did
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connection to Beletsis was through the Chapter.
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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
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
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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
8
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
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.
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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
2
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
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
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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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not physically unstable, was not panicky, was not clearly intoxicated, was not incapacitated, and
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23 was not otherwise in a state that led me to believe Beletsis needed any form of help. I did not
24 direct or accompany Beletsis to any bathroom during the course of the fraternity-party. At all
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times during the course of the fraternity-party, I was downstairs. I was never on the second-floor
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of the house during the fraternity-party. I have no knowledge of the circumstances that led
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Beletsis to enter an upstairs bathroom during the course of the fraternity-party. About 30-60
DEF-GARCIA MSJ/MSA DECLR 6
1 minutes after my aforesaid interaction with Beletsis, and while I was playing music downstairs,
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someone asked me turn off the music and then asked everyone to leave the party while stating
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someone had fallen and an ambulance was on the way. As I left the party I saw the ambulance,
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but I did not find out that Beletsis was the person who fell until later.
6 10. With respect to the events of June 2, 2018, Beletsis acted independent of me. I do
7 not know what he did or did not do other than what I observed at the fraternity-ceremony and
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fraternity-party, and I have stated all such observations above.
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11. With respect to the events of June 2, 2018, I did not participate in any hazing or
10
11 misconduct or dangerous act directed at Beletsis (or anyone else).
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 12. With respect to the events of June 2, 2018, I was not aware of any hazing or
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misconduct or dangerous act directed at Beletsis (or anyone else).
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13. With respect to the events of June 2, 2018, I never saw anyone give cocaine or any
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other drug to Beletsis.
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17 14. With respect to the events of June 2, 2018, I never saw Beletsis in an incapacitated
18 state or in need of help – and I never heard anyone say Beletsis needed help or that someone
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should keep an eye on him.
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15. I never provided Beletsis with alcohol or drugs.
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16. I did not take part in any “lies and obstruction… to uncover the truth about illegal
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23 and dangerous conduct taking place at… [Defendant-Chapter].” I understand the quoted
24 allegation pertains at least in part to fraternity-member generated Facebook comments. I deleted
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my Facebook and left all affiliated Theta Chi pages when I graduated from UCSC in June of
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2018, and the Facebook comments in question happened months after I left the page. Also, I was
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DEF-GARCIA MSJ/MSA DECLR 7
1 not involved in any non-Facebook conversations that fall into the “lies and obstruction” category.
2
I did not at any time know of any fraternity-sanctioned use or sale of cocaine or any other drug.
3
17. I did not observe anyone force Beletsis to consume alcohol/drugs at the June 2, 2018,
4
5
fraternity events.
6 18. I did not have knowledge of anyone engaging in hazing or alcohol/drug misconduct at
7 the June 2, 2018, fraternity events.
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19. I know the individuals named as Defendants (“fraternity-defendants”) in this case,
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and while I do not know each of their detailed histories, I do know they were all college students
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11 and all 18-years old or older on June 2, 2018. I know this because UCSC does not allow anyone
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 under the age of 18 to join a fraternity/sorority, and because Theta Chi has the same admission
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standard. I also know that Beletsis was a college student and 18-years old or older on June 2,
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2018 (I believe he was 20-years old on that date). I did not hold legal authority or any other right
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to restrain anyone (including Beletsis and the fraternity-defendants) who attended the June 2,
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17 2018, fraternity events.
18 20. Based upon my experience with Beletsis over the course of time, I viewed him as a
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competent and independent college student who was self-reliant and far from helpless. I did not
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take charge of, or exercise authority over, Beletsis or any fraternity-defendants during the course
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of the June 2, 2018, fraternity events. I was not a fraternity officer on June 2, 2018. I held no
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23 fraternity leadership position on June 2, 2018. Unlike me, Beletsis held a fraternity leadership
24 position on June 2, 2018 (Beletsis was the Chapter’s Brotherhood Chair at that time, and in that
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position his task was to bring fraternity members together through (as examples) pick-up sports,
26
dinners, and events like watching the Super Bowl together. No one authorized me to represent
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them in any June 2, 2018, dealings. I was not working for anyone, nor was I under the control of
DEF-GARCIA MSJ/MSA DECLR 8
1 anyone, relative to the June 2, 2018, events. I was not an employee, manager, director, trustee, or
2
officer, of any person or entity relative to the June 2, 2018, events. I have never been an officer,
3
director, shareholder, or controlling member of any corporate party – and I have never used any
4
5
corporate structure to avoid liability or to harm anyone’s interest. I engaged in no plan to harm
6 Plaintiffs or Beletsis – and I have no knowledge of any such plan. I engaged in no plan to carry
7 out hazing or dangerous alcohol/drug misconduct relative to the June 2, 2018, events – and I have
8
no knowledge of any such plan. I was not in a for profit business relationship with any of the
9
parties in this case. I did not authorize anyone to act as my agent relative to the events of June 2,
10
11 2018. I did not approve or adopt as my own any third-party act that happened on June 2, 2018. I
Attorneys at Law – San Jose ∆ California
GAVIN CUNNINGHAM & HUNTER
12 did not expressly, impliedly, or in any other manner assume liability for any of the acts,
13
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omissions, or harm that Plaintiffs allege in this case.
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21. I did not – at any time – engage in hazing or forced alcohol/drug consumption
15
directed at Beletsis. I did not – at any time – entrust anyone with a means to haze or force
16
17 Beletsis to consume alcohol/drugs. I did not – at any time – approve, participate in, or have
18 knowledge of hazing or forced alcohol/drug consumption directed at Beletsis.
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22. This declaration is based upon my own personal knowledge, and if called upon to
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testify as a witness in court, I could competently testify to the same.
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I declare under the laws of California that the foregoing is true and correct, and that this
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23 declaration was executed in Alameda County, California, on the date indicated below.
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Dated: May 28, 2021 By: __
26 Defendant Rafael Garcia Jr.
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DEF-GARCIA MSJ/MSA DECLR 9
Case Name: Beletis, et al. v. Theta Chi Fraternity, Inc., et al.
Case No.: 19CV03287
PROOF OF SERVICE
1
I certify and declare as follows: I am over the age of 18 years, and not a party to the within
2
action. My business address is 5655 Silver Creek Valley Road, PMB 665, San Jose, CA 95138,
3
which is located in the county where the mailing described below took place. The documents
4
which are the subject of this Proof of Service are:
5 1. Notice of Motion for Summary Judgment/Summary Adjudication
6 2. Memorandum of Points & Authorities in Support of MSJ/MSA
3. Statement of Undisputed Facts in Support of MSJ/MSA
7 4. Index of Evidence in Support of MSJ/MSA
5. Declaration of Rafael Garcia Jr. in Support of MSJ/MSA
8 6. Declaration of Alan F. Hunter in Support of MSJ/MSA
9
On the date listed below, I served the above documents by placing a true and correct copy
10
thereof enclosed in a sealed envelope and served in the manner and/or manners described below to
11
each of the parties herein addresses as stated below:
12
13 SEE ATTACHED EMAIL SERVICE LIST
14
15 United States Postal Service, U.S. Mail, with First Class postage prepaid and deposited
in a sealed envelope at San Jose, California. I am readily familiar with the business practice at my
16 place of business for collection and processing of correspondence for mailing with the United
States Postal Service. Correspondence so collected and processed is deposited with the United
17 States Postal Service that same day in the ordinary course of business.
Facsimile Transmission
18
Hand-Delivery
19
By email transmission
20
21 I certify under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23
24 Executed on: June 14, 2021 GAVIN CUNNINGHAM & HUNTER
25 By: Elizabeth Gong Landess. /s/
26 Authorized e-signature
Elizabeth Gong Landess
27
28
_________________________________________________________________________________________________________
PROOF OF SERVICE - 1
SERVICE LIST
Beletsis v Theta Chi, et al. – Santa Cruz County Superior Court Case # 19CV03287
Attorneys for Plaintiffs Daphne Beletsis & Attorneys for Defendants Emmanuel Thomas,
Yvonne Rainey Bobby Karki and John Dylan Leitch
Ivo M. Labar, Esq. Mary Childs, Esq.
Sawyer & Labar LLP Aaron Case, Esq.
1700 Montgomery Street, Ste. 108
San Francisco, CA 94111 Yoka & Smith, LLP
Tel: 415/262-3820 445 South Figueroa Street, 38th Floor
Fax: Los Angeles, CA90071
Email: labar@sawyerlabar.com Tel: 213/427-2300
Fax: 213/427-2330
Douglas E. Fierberg, Esq. Pro Hac Vice Email: mchilds@yokasmith.com
Jonathon N. Fazzola, Esq. Pro Hac Vice Email: acase@yokasmith.com
Lisa N. Cloutier, Esq. Pro Hac Vice
The Fierberg National Law Group Attorneys for Defendant Quinn McLaughlin
161 East Front Street, Suite 200 Andrew M. Lauderdale, Esq.
Traverse City, MI 49684
Tel: 202/351-0510 Hartsuyker, Stratman & Williams-Abrego
Fax: 231/252-8100 One Almaden Boulevard #400
Email: dfierberg@tfnlgroup.com San Jose, CA 95113
Email: jfazzola@tfnlgroup.com Tel: 408/271-5325
Email: lcloutier@tfnlgroup.com Fax: 408/271-5301
Email:
andrew.lauderdale@farmersinsurance.com
Attorneys for Defendant Najpreet Kahlon Attorneys for Defendant Theta lota Chapter of
Norman L. Chong, Esq. Theta Chi Fraternity
Joseph D. O’Neil, Esq. Daniel R. Friedenthal, Esq.
Samantha Lewin, Esq. Jay D. Brown, Esq.
Tarkington, O’Neill, Barrack & Chong James Lee, Esq.
201 Mission Street, Suite 710 Friedenthal, Heffernan & Brown, LLP
San Francisco, CA 94105 1520 W. Colorado Boulevard, 2nd Floor
Tel: 415/777-5501 Pasadena, CA 91105
Fax: 415/546-4962 Tel: 626/628-2800
Email: nchong@to2law.com Fax: 626/628-2828
Email: joneil@to2law.com Email: dfriedenthal@fhblawyers.com
Email: slewin@to2law.com Email: jbrown@fhblawyers.com
Email: jlee@fhblawyers.com
Email : nruiz@fhblawyers.com
Attorneys for Defendant Zachary Nash Davis Attorneys for Defendant Theta Chi Fraternity,
Ray Tamaddon, Esq. Inc.
Hinshaw & Culbertson LLP Michael C. Osborne, Esq.
350 S. Grand Avenue, Suite 3600 Jaskiran Samra, Esq.
Los Angeles, CA 90071 Elaine Kobylecki, Esq.
Tel: 310/909-8078 Cokinos | Young
Fax: 310/909-8001 611 Gateway Blvd., Suite 233
Email: rtamaddon@hinshawlaw.com South San Francisco, CA 94080
Tel: 628/229-9280
Email: mosborne@cokinoslaw.com
Email: jsamra@cokinoslaw.com
Email: ekobylecki@cokinoslaw.com
Attorneys for Defendants Brad Visacki Attorneys for Defendant Stefan Leon
Derek H. Lim, Esq. Thomas M. Phillips, Esq.
Shannon Mallory, Esq. The Phillips Firm, APC
Demler, Armstrong & Rowland, LLP 800 West Sixth Street, Suite 980
1350 Treat Boulevard #400 Los Angeles, CA 90017
Walnut Creek, CA 94597 Tel: 213/587-7414
Tel: 415/949-1900 Fax: 213/457-7515
Fax: 415/354-8380 Email: tphillips@thephillipsfirm.com
Email: lim@darlaw.com
Email: mal@darlaw.com
Email: cla@darlaw.com
Attorneys for Defendant Moises Garcia Attorneys for Defendant Christopher Guevara
Patrick R. Ball, Esq. Matthew C. Jaime, Esq.
Idin Kashefipour, Esq. Robert W. Sweetin, Esq.
Messner Reeves, LLP Matheny Sears Linkert & Jaime, LLP
610 Newport Center Dr., Suite 420 3638 American River Drive
Newport Beach, CA 92660 Sacramento, CA 95864
Tel: 949-612-9128 Tel: 916/978-3434
Fax: 310-889-0896 Fax: 916/978-3430
Email: pball@messner.com Email: mjaime@mathenysears.com
Email: ikashefipour@messner.com Email : rsweetin@mathenysears.com
E-Mail Service List
labar@sawyerlabar.com mosborne@cokinoslaw.com
guzman@sawyerlabar.com jsamra@cokinoslaw.com
dfierberg@tfnlgroup.com ekobylecki@cokinoslaw.com
jfazzola@tfnlgroup.com asanchez@cokinoslaw.com
lcloutier@tfnlgroup.com lim@darlaw.com
tpicard@tfnlgroup.com mal@darlaw.com
mchilds@yokasmith.com cla@darlaw.com
acase@yokasmith.com bry@darlaw.com
amcnulty@yokasmith.com mjaime@mathenysears.com
service@yokasmith.com rsweetin@mathenysears.com
andrew.lauderdale@farmersinsurance.com kmajekodunmi@mathenysears.com
vicky.truong@farmersinsurance.com rladrido@mathenysears.com
nchong@to2law.com pmckinley@thephillipsfirm.com
joneil@to2law.com tphillips@thephillipsfirm.com
slewin@to2law.com jrosner@thephillipsfirm.com
therrington@to2law.com dfriedenthal@fhblawyers.com
rtamaddon@hinshawlaw.com jbrown@fhblawyers.com
rromero@hinshawlaw.com jlee@fhblawyers.com
khightower@hinshawlaw.com nruiz@fhblawyers.com
pball@messner.com
ikashefipour@messner.com
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ELECTRONICALLY FILED Superior Court of California 1 Alan F. Hunter, Esq. (SBI 099805) County of Santa Cruz Elizabeth G. Landess, Esq. (SBI 138353) 6/14/2021 12:19 PM 2 GAVIN CUNNINGHAM & HUNTER Alex Calvo, Clerk 5655 Silver Creek Valley Road, PMB 665 By: Helena Hanson, Deputy 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 8:30AM 17 THETA CHI FRATERNITY, et al., ) Time: 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 With respect to Beletsis – and noting that I did www.gclitigation.com connection to Beletsis was through the Chapter. 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 21 not physically unstable, was not panicky, was not clearly intoxicated, was not incapacitated, and 22 23 was not otherwise in a state that led me to believe Beletsis needed any form of help. I did not 24 direct or accompany Beletsis to any bathroom during the course of the fraternity-party. At all 25 times during the course of the fraternity-party, I was downstairs. I was never on the second-floor 26 of the house during the fraternity-party. I have no knowledge of the circumstances that led 27 28 Beletsis to enter an upstairs bathroom during the course of the fraternity-party. About 30-60 DEF-GARCIA MSJ/MSA DECLR 6 1 minutes after my aforesaid interaction with Beletsis, and while I was playing music downstairs, 2 someone asked me turn off the music and then asked everyone to leave the party while stating 3 someone had fallen and an ambulance was on the way. As I left the party I saw the ambulance, 4 5 but I did not find out that Beletsis was the person who fell until later. 6 10. With respect to the events of June 2, 2018, Beletsis acted independent of me. I do 7 not know what he did or did not do other than what I observed at the fraternity-ceremony and 8 fraternity-party, and I have stated all such observations above. 9 11. With respect to the events of June 2, 2018, I did not participate in any hazing or 10 11 misconduct or dangerous act directed at Beletsis (or anyone else). Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 12. With respect to the events of June 2, 2018, I was not aware of any hazing or 13 www.gclitigation.com misconduct or dangerous act directed at Beletsis (or anyone else). 14 13. With respect to the events of June 2, 2018, I never saw anyone give cocaine or any 15 other drug to Beletsis. 16 17 14. With respect to the events of June 2, 2018, I never saw Beletsis in an incapacitated 18 state or in need of help – and I never heard anyone say Beletsis needed help or that someone 19 should keep an eye on him. 20 15. I never provided Beletsis with alcohol or drugs. 21 16. I did not take part in any “lies and obstruction… to uncover the truth about illegal 22 23 and dangerous conduct taking place at… [Defendant-Chapter].” I understand the quoted 24 allegation pertains at least in part to fraternity-member generated Facebook comments. I deleted 25 my Facebook and left all affiliated Theta Chi pages when I graduated from UCSC in June of 26 2018, and the Facebook comments in question happened months after I left the page. Also, I was 27 28 DEF-GARCIA MSJ/MSA DECLR 7 1 not involved in any non-Facebook conversations that fall into the “lies and obstruction” category. 2 I did not at any time know of any fraternity-sanctioned use or sale of cocaine or any other drug. 3 17. I did not observe anyone force Beletsis to consume alcohol/drugs at the June 2, 2018, 4 5 fraternity events. 6 18. I did not have knowledge of anyone engaging in hazing or alcohol/drug misconduct at 7 the June 2, 2018, fraternity events. 8 19. I know the individuals named as Defendants (“fraternity-defendants”) in this case, 9 and while I do not know each of their detailed histories, I do know they were all college students 10 11 and all 18-years old or older on June 2, 2018. I know this because UCSC does not allow anyone Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 under the age of 18 to join a fraternity/sorority, and because Theta Chi has the same admission 13 www.gclitigation.com standard. I also know that Beletsis was a college student and 18-years old or older on June 2, 14 2018 (I believe he was 20-years old on that date). I did not hold legal authority or any other right 15 to restrain anyone (including Beletsis and the fraternity-defendants) who attended the June 2, 16 17 2018, fraternity events. 18 20. Based upon my experience with Beletsis over the course of time, I viewed him as a 19 competent and independent college student who was self-reliant and far from helpless. I did not 20 take charge of, or exercise authority over, Beletsis or any fraternity-defendants during the course 21 of the June 2, 2018, fraternity events. I was not a fraternity officer on June 2, 2018. I held no 22 23 fraternity leadership position on June 2, 2018. Unlike me, Beletsis held a fraternity leadership 24 position on June 2, 2018 (Beletsis was the Chapter’s Brotherhood Chair at that time, and in that 25 position his task was to bring fraternity members together through (as examples) pick-up sports, 26 dinners, and events like watching the Super Bowl together. No one authorized me to represent 27 28 them in any June 2, 2018, dealings. I was not working for anyone, nor was I under the control of DEF-GARCIA MSJ/MSA DECLR 8 1 anyone, relative to the June 2, 2018, events. I was not an employee, manager, director, trustee, or 2 officer, of any person or entity relative to the June 2, 2018, events. I have never been an officer, 3 director, shareholder, or controlling member of any corporate party – and I have never used any 4 5 corporate structure to avoid liability or to harm anyone’s interest. I engaged in no plan to harm 6 Plaintiffs or Beletsis – and I have no knowledge of any such plan. I engaged in no plan to carry 7 out hazing or dangerous alcohol/drug misconduct relative to the June 2, 2018, events – and I have 8 no knowledge of any such plan. I was not in a for profit business relationship with any of the 9 parties in this case. I did not authorize anyone to act as my agent relative to the events of June 2, 10 11 2018. I did not approve or adopt as my own any third-party act that happened on June 2, 2018. I Attorneys at Law – San Jose ∆ California GAVIN CUNNINGHAM & HUNTER 12 did not expressly, impliedly, or in any other manner assume liability for any of the acts, 13 www.gclitigation.com omissions, or harm that Plaintiffs allege in this case. 14 21. I did not – at any time – engage in hazing or forced alcohol/drug consumption 15 directed at Beletsis. I did not – at any time – entrust anyone with a means to haze or force 16 17 Beletsis to consume alcohol/drugs. I did not – at any time – approve, participate in, or have 18 knowledge of hazing or forced alcohol/drug consumption directed at Beletsis. 19 22. This declaration is based upon my own personal knowledge, and if called upon to 20 testify as a witness in court, I could competently testify to the same. 21 I declare under the laws of California that the foregoing is true and correct, and that this 22 23 declaration was executed in Alameda County, California, on the date indicated below. 24 25 Dated: May 28, 2021 By: __ 26 Defendant Rafael Garcia Jr. 27 28 DEF-GARCIA MSJ/MSA DECLR 9 Case Name: Beletis, et al. v. Theta Chi Fraternity, Inc., et al. Case No.: 19CV03287 PROOF OF SERVICE 1 I certify and declare as follows: I am over the age of 18 years, and not a party to the within 2 action. My business address is 5655 Silver Creek Valley Road, PMB 665, San Jose, CA 95138, 3 which is located in the county where the mailing described below took place. The documents 4 which are the subject of this Proof of Service are: 5 1. Notice of Motion for Summary Judgment/Summary Adjudication 6 2. Memorandum of Points & Authorities in Support of MSJ/MSA 3. Statement of Undisputed Facts in Support of MSJ/MSA 7 4. Index of Evidence in Support of MSJ/MSA 5. Declaration of Rafael Garcia Jr. in Support of MSJ/MSA 8 6. Declaration of Alan F. Hunter in Support of MSJ/MSA 9 On the date listed below, I served the above documents by placing a true and correct copy 10 thereof enclosed in a sealed envelope and served in the manner and/or manners described below to 11 each of the parties herein addresses as stated below: 12 13 SEE ATTACHED EMAIL SERVICE LIST 14 15 United States Postal Service, U.S. Mail, with First Class postage prepaid and deposited in a sealed envelope at San Jose, California. I am readily familiar with the business practice at my 16 place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United 17 States Postal Service that same day in the ordinary course of business. Facsimile Transmission 18 Hand-Delivery 19 By email transmission 20 21 I certify under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 24 Executed on: June 14, 2021 GAVIN CUNNINGHAM & HUNTER 25 By: Elizabeth Gong Landess. /s/ 26 Authorized e-signature Elizabeth Gong Landess 27 28 _________________________________________________________________________________________________________ PROOF OF SERVICE - 1 SERVICE LIST Beletsis v Theta Chi, et al. – Santa Cruz County Superior Court Case # 19CV03287 Attorneys for Plaintiffs Daphne Beletsis & Attorneys for Defendants Emmanuel Thomas, Yvonne Rainey Bobby Karki and John Dylan Leitch Ivo M. Labar, Esq. Mary Childs, Esq. Sawyer & Labar LLP Aaron Case, Esq. 1700 Montgomery Street, Ste. 108 San Francisco, CA 94111 Yoka & Smith, LLP Tel: 415/262-3820 445 South Figueroa Street, 38th Floor Fax: Los Angeles, CA90071 Email: labar@sawyerlabar.com Tel: 213/427-2300 Fax: 213/427-2330 Douglas E. Fierberg, Esq. Pro Hac Vice Email: mchilds@yokasmith.com Jonathon N. Fazzola, Esq. Pro Hac Vice Email: acase@yokasmith.com Lisa N. Cloutier, Esq. Pro Hac Vice The Fierberg National Law Group Attorneys for Defendant Quinn McLaughlin 161 East Front Street, Suite 200 Andrew M. Lauderdale, Esq. Traverse City, MI 49684 Tel: 202/351-0510 Hartsuyker, Stratman & Williams-Abrego Fax: 231/252-8100 One Almaden Boulevard #400 Email: dfierberg@tfnlgroup.com San Jose, CA 95113 Email: jfazzola@tfnlgroup.com Tel: 408/271-5325 Email: lcloutier@tfnlgroup.com Fax: 408/271-5301 Email: andrew.lauderdale@farmersinsurance.com Attorneys for Defendant Najpreet Kahlon Attorneys for Defendant Theta lota Chapter of Norman L. Chong, Esq. Theta Chi Fraternity Joseph D. O’Neil, Esq. Daniel R. Friedenthal, Esq. Samantha Lewin, Esq. Jay D. Brown, Esq. Tarkington, O’Neill, Barrack & Chong James Lee, Esq. 201 Mission Street, Suite 710 Friedenthal, Heffernan & Brown, LLP San Francisco, CA 94105 1520 W. Colorado Boulevard, 2nd Floor Tel: 415/777-5501 Pasadena, CA 91105 Fax: 415/546-4962 Tel: 626/628-2800 Email: nchong@to2law.com Fax: 626/628-2828 Email: joneil@to2law.com Email: dfriedenthal@fhblawyers.com Email: slewin@to2law.com Email: jbrown@fhblawyers.com Email: jlee@fhblawyers.com Email : nruiz@fhblawyers.com Attorneys for Defendant Zachary Nash Davis Attorneys for Defendant Theta Chi Fraternity, Ray Tamaddon, Esq. Inc. Hinshaw & Culbertson LLP Michael C. Osborne, Esq. 350 S. Grand Avenue, Suite 3600 Jaskiran Samra, Esq. Los Angeles, CA 90071 Elaine Kobylecki, Esq. Tel: 310/909-8078 Cokinos | Young Fax: 310/909-8001 611 Gateway Blvd., Suite 233 Email: rtamaddon@hinshawlaw.com South San Francisco, CA 94080 Tel: 628/229-9280 Email: mosborne@cokinoslaw.com Email: jsamra@cokinoslaw.com Email: ekobylecki@cokinoslaw.com Attorneys for Defendants Brad Visacki Attorneys for Defendant Stefan Leon Derek H. Lim, Esq. Thomas M. Phillips, Esq. Shannon Mallory, Esq. The Phillips Firm, APC Demler, Armstrong & Rowland, LLP 800 West Sixth Street, Suite 980 1350 Treat Boulevard #400 Los Angeles, CA 90017 Walnut Creek, CA 94597 Tel: 213/587-7414 Tel: 415/949-1900 Fax: 213/457-7515 Fax: 415/354-8380 Email: tphillips@thephillipsfirm.com Email: lim@darlaw.com Email: mal@darlaw.com Email: cla@darlaw.com Attorneys for Defendant Moises Garcia Attorneys for Defendant Christopher Guevara Patrick R. Ball, Esq. Matthew C. Jaime, Esq. Idin Kashefipour, Esq. Robert W. Sweetin, Esq. Messner Reeves, LLP Matheny Sears Linkert & Jaime, LLP 610 Newport Center Dr., Suite 420 3638 American River Drive Newport Beach, CA 92660 Sacramento, CA 95864 Tel: 949-612-9128 Tel: 916/978-3434 Fax: 310-889-0896 Fax: 916/978-3430 Email: pball@messner.com Email: mjaime@mathenysears.com Email: ikashefipour@messner.com Email : rsweetin@mathenysears.com E-Mail Service List labar@sawyerlabar.com mosborne@cokinoslaw.com guzman@sawyerlabar.com jsamra@cokinoslaw.com dfierberg@tfnlgroup.com ekobylecki@cokinoslaw.com jfazzola@tfnlgroup.com asanchez@cokinoslaw.com lcloutier@tfnlgroup.com lim@darlaw.com tpicard@tfnlgroup.com mal@darlaw.com mchilds@yokasmith.com cla@darlaw.com acase@yokasmith.com bry@darlaw.com amcnulty@yokasmith.com mjaime@mathenysears.com service@yokasmith.com rsweetin@mathenysears.com andrew.lauderdale@farmersinsurance.com kmajekodunmi@mathenysears.com vicky.truong@farmersinsurance.com rladrido@mathenysears.com nchong@to2law.com pmckinley@thephillipsfirm.com joneil@to2law.com tphillips@thephillipsfirm.com slewin@to2law.com jrosner@thephillipsfirm.com therrington@to2law.com dfriedenthal@fhblawyers.com rtamaddon@hinshawlaw.com jbrown@fhblawyers.com rromero@hinshawlaw.com jlee@fhblawyers.com khightower@hinshawlaw.com nruiz@fhblawyers.com pball@messner.com ikashefipour@messner.com