Preview
ELECTRONICALLY FILED
Superior Court of California
Law Offices of County of Santa Cruz
MATHENY SEARS LINKERT & JAIME LLP 3/1/2022 5:31 PM
MATTHEW C. JAIME (SBN 140340) eel cal, Clerk
ROBERT W. SWEETIN (SBN 297130) lo, Deputy
3638 American River Drive
Sacramento, California 95864
Telephone: (916) 978-3434
Facsimile: (916) 978-3430
mjaime@mathenysears.com
‘sweetin(@mathenysears.com
Attorneys for Defendant, CHRISTOPHER
GUEVARA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ
10
w8
20
11 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
ag
Administrator of the Estate of
bees
Orhz 12 ALEXANDER BELETSIS, and YVONNE DECLARATION OF MATTHEW C.
”Wso RAINEY, surviving parent of JAIME IN SUPPORT OF CHRISTOPHER
Wye gt
ic Sz 13 ALEXANDER BELETSIS, deceased, GUEVARA’S MOTION FOR SUMMARY
jg6
aero Plaintiffs, JUDGMENT, OR, IN THE
eus 14
5G
ws ALTERNATIVE, SUMMARY
NSS 15 Vv. ADJUDICATION
589
16 THETA CHI FRATERNITY, INC., a New Date: May 20, 2022
York corporation, individually, as a Time: 8:30 a.m.
17 member of and t/a the Theta Iota Chapter,
Dept: 10
University of California, Santa Cruz, as a
18 member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego Complaint filed 10/31/19
19 and successor entity of the Theta Iota Trial date 6/20/22
Chapter of Theta Chi Fraternity, THETA
20 IOTA CHAPTER OF THETA CHI
FRATERNITY, individually, and as an and
21 agent and alter-ego of Theta Chi Fraternity,
Inc. CHRISTOPHER GUEVARA,
22 individually, and as an agent/member of
Theta Chi Fraternity, Inc. and Theta Iota
23 Chapter of Theta Chi Fraternity; BRAD
VISACKI, individually, and/or as
24 an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
25 Fraternity; JORDAN KEIICHI
TAKAYAMA, individually, and as an
26 agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
27 Fraternity, ZACHARY NASH DAVIS,
individually, and as an agent/member of
28 Theta Chi Fraternity, Inc. and Theta Iota
1
DECLARATION OF MATTHEW C. JAIME IN SUPPORT OF CHRISTOPHER GUEVARA ’S MOTION FOR
SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
Chapter of Theta Chi Fraternity;
NAJPREET SINGH KAHLON,
individually, and as an agent/member of
Theta Chi Fraternity Inc. and Theta Iota
Chapter of Theta Chi Fraternity, STEFAN
MATIAS LEON, individually, and as an
agent/member of Theta Chi Fraternity, Inc.
and Theta Iota Chapter of Theta Chi
Fraternity; MOISES FRANCISCO
TENORIO GARCIA, individually, and as
an agent/member of Theta Chi Fraternity,
Inc. and Theta Iota Chapter of Theta Chi
Fraternity; RAFAEL GARCIA,
individually, and as an agent/member of
Theta Chi Fraternity, Inc. and Theta Iota
Chapter of Theta Chi Fraternity;
EMMANUEL THOMAS, individually, and
as an agent/member of Theta Chi
10 Fraternity, Inc. and Theta Iota Chapter of
Theta Chi Fraternity; BOBBY KARKI,
Zu3
28 11 individually, and as an agent/member of
os
Theta Chi Fraternity, Inc. and Theta Iota
weeZ
Orga 12 Chapter of Theta Chi Fraternity; DEREK
nuW>d KING, individually, and as an
Wye ge
S25
ze 13 agent/member of Theta Chi Fraternity, Inc.
cas and Theta Iota Chapter of Theta Chi
no
ews 14 Fraternity; JOHN DYLAN LEITCH,
Sa individually, and as an agent/member of
as
3 15 Theta Chi Fraternity, Inc. and Theta Iota
289
Chapter of Theta Chi Fraternity; QUINN
16 MCLAUGHLIN, individually and as
Trustee of the QUINN M. MCLAUGHLIN
17 LIVING TRUST, 117 Pasture Rd., Santa
Cruz, CA 95060; and JOHN DOES 1
18 through 10, inclusive, individually, and as
agents/members of Theta Chi Fraternity,
19 Inc, and Theta Iota Chapter of Theta Chi
Fraternity;
20 Defendants.
21 I, Matthew C. Jaime, declare under penalty of perjury that the foregoing is true and correct:
22 1 I am a lawyer duly licensed to practice before all courts of the State of California.
23 I am a partner at Matheny, Sears, Linkert & Jaime, LLP, attorneys of record for Defendant
24 Christopher Guevara in this matter. This declaration is based upon my personal knowledge. If
25 called as a witness, I could and would testify competently to the facts stated herein.
26 2 Attached hereto as Exhibit 1 are true and correct excerpts from the Deposition of
27 Daphne Beletsis, taken in this matter on August 6, 2021.
28
2
DECLARATION OF MATTHEW C. JAIME IN SUPPORT OF CHRISTOPHER GUEVARA 'S MOTION FOR
SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
3 Attached hereto as Exhibit 2 are true and correct excerpts from the Deposition of
Leon Burns, taken in this matter on December 20, 2020.
4 Attached hereto as Exhibit 3 are true and correct excerpts of the Deposition of |
|
Mathieu Turk, taken in this matter on February 18, 2021. |
5 Attached hereto as Exhibit 4 are true and correct excerpts of the Deposition of John |
||
Benson, taken in this matter on May 13, 2021. |
6 Attached hereto as Exhibit 5 is a true and correct copy excerpts of the Deposition
of Miguel Saldivar, taken in this matter on May 13, 2021.
7 Attached hereto as Exhibit 6 is a true and correct copy excerpts of the Deposition
10 of Sophia Beletsis, taken in this matter on January 11, 2021.
Sw
Ses 11 I declare under penalty of perjury under the laws of the State of California that the foregoing
GLa
were 12 is true and correct.
Orge
”Wsd
Wet
rs zz 13 Executed this « ‘day of February, 2022, at Sacramento, California.
AZo =
se ee
ge 14 /
S
ESS ‘THAT YOU. WERE: FORCED. TO DRINK \COHOL
DON! RB FORCED
ALCOHOL
10 2 you TO
11 > DRINK ALCOHOL: DURING oe PLEDGE PROCESS? |
Re
12 AS a Dow or RECALL a: EITHER
13 DID you “HAVE BIG BROTHER IN THE
145, -FRATERNITY?
15 eee DID HAVE A. Bl BROTHE IN: THE
16 FRATERNITY
17 AND ‘WHO
18 HIS ‘NAME WAS “DEREK.
19 Q LAST NAME?
20 A KING
21 Q. WAS DEREK AT -- THE PRESIDENT OF THE
22 FRATERNITY AT ANY POINT, IF YOU KNOW?
23 A I BELIEVE AT SOME POINT HE WAS THE
24 PRESIDENT
25 Q. WAS THAT WHILE YOU WERE A PLEDGE: OR A
Litigation Services
800-330-1112 |
www.litigationservices.com
EXHIBIT 5
Miguel Angel Saldivar, Jr.
December 03, 2020
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CRUZ
---000---
DAPHNE BELETSIS, individually, and as
Administrator of the ESTATE OF
ALEXANDER BELETSIS, etal,
Plaintiffs,
Vs. No 19CV03287
THETA CHI FRATERNITY, INC., a New
York corporation, et al.
Defendants.
AND RELATED CROSS-ACTIONS
DEPOSITION OF MIGUEL ANGEL SALDIVAR, JR.
APPEARING REMOTELY FROM
SAN FRANCISCO COUNTY, CALIFORNIA
THURSDAY, DECEMBER 3, 2020
10:08 A.M.
REPORTED BY:
Marianne R. Boyd, CSR No. 6685
U.S. Legal. Support | www.uslegalsupport.com
Miguel Angel Saldivar, Jr.
December 03, 2020
membership?
A I don't think so. I just remember they sent
either a representative or a lawyer to tell us that they
were going to disband the chapter and revoke like the
Theta Chi name from us, or the Iota Chapter. And I
believe he just said that we would just become members
and we're not active members -- or alumni members, and
we are not active members.
Q. Because there is no active chapter?
10 A Correct.
a1, Q Now, when was this meeting?
2 A I believe it was in fall of 2018. No.
13 Actually -- sorry. It was either fall 2018 or winter
14 2019. I'm not sure.
15 Q. Doesn't matter exactly when, but where was the
16 meeting held? I mean, it's at least -- the earliest of
ela it is the fall of 2018?
18 A Yeah.
19 Could have been spring. Where was the --
20 The meeting?
21 Yeah.
22 Where was it?
23 Yeah, where was it?
24 We all met at Market
And’ when -youtre ta ing, about Market,.-do
U.S. Legal Support | www.uslegalsupport.com 71
Miguel Angel Saldivar, Jr.
December 03, 2020
atts Le
Pe
rei tx
ad
feo,
63 6.
te.
4s
Le
$24
eah
Me
is that where> the ess remonies: have
ae
been ces
“
Tha’ as where one. was held he. spring, 2018:
_éne
Q. Where was the fall of .2017 held?
10 Fall of 2017 was held at Broadway.
eel! Q Broadway?
12 A. I think it was 501 or 500 Broadway. I'm not
13 remembering the street number.
14 Q. Okay. And had those been two of the houses
15 that have been associated with the Iota Chapter of Theta
16 Chi during the time you were either pledging until you
7; left the university?
18 DEFENSE ATTORNEYS: Objection, lacks
19 foundation, vague as to form.
20 THE WITNESS: It's not associated with the
21 chapter. I guess it's associated with members of the
22 chapter, just wherever wé lived, that's where we could
23 like hold events or --
24 BY MR. FIERBERG:
25 Q So at the Markét Street property, is that where
U.S. Legal Support | www.uslegalsupport.com 72
EXHIBIT 6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CRUZ
DAPHNE BELETSIS, INDIVIDUALLY, AND )
AS ADMINISTRATOR OF THE ESTATE OF )
ALEXANDER BELETSIS, AND YVONNE )
RAINEY, SURVIVING PARENT OF ALEXANDER)
BELETSIS, DECEASED, )
)
PLAINTIFFS, )
) CASE NO. 19CV03287
vs. )
)
THETA CHI FRATERNITY, INC., A NEW )
YORK CORPORATION, INDIVIDUALLY, AS A )
MEMBER OF AND T/A THE THETA IOTA )
CHAPTER, UNIVERSITY OF CALIFORNIA, )
10 SANTA CRUZ, AS A MEMBER OF THE
FRATERNAL ORDER KNOWN AS THETA CHI )
a FRATERNITY, AND AS AN ALTER-EGO AND )
SUCCESSOR ENTITY OF THE THETA IOTA )
12 CHAPTER OF THETA CHI FRATERNITY; )
THETA IOTA CHAPTER OF THETA CHI )
3. FRATERNITY, INDIVIDUALLY, AND AS AN )
AGENT AND ALTER-EGO OF THETA CHI )
14 FRATERNITY, INC.; CHRISTOPHER )
GUEVARA, INDIVIDUALLY, AND AS AN )
15 AGENT/MEMBER OF THETA CHI FRATERNITY,)
ING, AND THETA IOTA CHAPTER OF THETA)
16 CHI FRATERNITY; BRAD VISACKI )
INDIVIDUALLY, AND AS AN AGENT/MEMBER )
17 OF THETA CHI FRATERNITY, INC., AND )
THETA IOTA CHAPTER OF THETA CHI )
18 FRATERNITY; JORDAN KEIICHI TAKAYAMA, )
INDIVIDUALLY, AND AS AN AGENT/MEMBER )
19 OF THETA CHI FRATERNITY, INC:, AND )
THETA IOTA CHAPTER OF THETA CHI )
20 FRATERNITY; ZACHARY NASH DAVIS, ) (PAGES 1 - 166)
21 er CAPTION CONTINUED ON THE FOLLOWING PAGE ---
22
REMOTE DEPOSITION OF SOPHIA RAINEY BELETSIS
23
MONDAY, JANUARY 11, 2021
24
25 JOB NO. 4398709
REPORTED BY: TAMARA’ L. CARLSON, CSR NO. v2555)
Page 1
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866 299-5127
adviser or personal issues?
Q Thank you for clarifying.
With the resident adviser.
A. I don't know.
Q How about any personal issues with regard to
alcohol in the 2016/2017 school year?
A Not to my knowledge.
(Dog barking.)
Q Were you aware that he was -- Alex was
10 drinking alcohol in his freshman year of college?
aL A Yes.
12 Q And how did you learn that?
13) Because I witnessed him drinking alcohol.
14 To your -- you know, I don't know whose dog
LS) that is.
16 It's mine. Sorry.
17 That's all right, just as long as it's not
18 distracting to you or the court reporter.
tg You're going to have to take yourself off mute
20 so we can continue.
21 A What was the question?
22 pokey there.
a a
23 When you wou witness hi inking alcohol
5
24 sg that.at home-or ai school: in the 2016/2017. schoo
25 year? *
od
eee
“Pag 6 21
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was at. -ho
OW. wo! hol? =o oe
6 & nt
uld: give -h er ther:
eae
ye
d. have a.g ne with dinner; +5
ae
te
at ou. phne provide ‘him wi ay.
asionally glass: of ne with’ a
ae
Would yon -- strike that.
Did Alex smoke cigarettes?
Not to my knowledge.
10 Did he smoke marijuana?
vy A Yes.
12 Q And, to your knowledge, when did he start
13 smoking marijuana?
14 A I would be speculating.
15 Q Did he smoke marijuana in high school?
16 Tes:
ld Did he drink in high school?
18 A I would be speculating.
as) Q Did you ever see him have any wine or beer at
20 dinner prior to him going away to UC Santa Cruz?
21 A The first occasion I remember drinking with
22 him was when he graduated high school.
23 Q Did you ever see Alex intoxicated prior to him
24 leaving for UC Santa Cruz in his freshman year?
25 A. Laon!" remember.
Page 22
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Q Were you home during the summer of 2017?
A Yes
Q And you and Alex both lived in Santa Rosa at
that time?
A Yes
Did Alex work during that summer?
Yes
Was that at Mr Pickle's?
esi:
10 During. the ‘summer: of 2017, aia’. you ‘have
TL oceasio: to drink with alex?
- s
12 Yes.
13 How often?
14 A. Once’ every two: weeks, once. a week.
ES) Q Would Daphne partake when you were drinking
16 with Alex?
te A Rarely
18 Did you ever see Alex intoxicated?
tS That summer?
20 Yes Sorry
21 No
22 Q Would you smoke marijuana with Alex during
23 that summer?
24 A Yes
25 Q How often?
Page 39
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cca Ss carte d beer die.
=
re
‘what’
wh Ou dice @ other
ax
tries off of a le like
ae
it ing «gam ae ye
re id-you play'-beer
ee,
it’ was.at-a SE Of ‘BO »the aterni
- ONL remember’ w!
Q. And who else was there other than you and Alex
10 and Miguel Saldivar?
11 A I don't remember any other names.
12 Q And that was when you went to pick up Alex for
13 Lightning in a Bottle?
14 A. Uh-huh.
"yes"?
LS Q
16 Yes.
peed Was Alex participating in the beer die game?
18 A Yes.
eg) Q Is it one of those things where if you don't
20 catch it or something, you have to take a drink of beér?
21 A Yeah.
22 Q And how long did you play beer die that night
23 or that day?
24 A Between one and two hours, maybe -an hour,
25 yeah.
Page 45
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"And I probably won't be camping. tonight
I got my bid last night for Theta Chi."
Right s0 he kind of bailed out on you?
Yeah
ual nd
2
watt
campsite on the each that was: t ay:
ato ‘the beach togé te
10 e bring anybody else with
reals nds?
et
12 A. (No.
3) _ And. did he partake in ae. oe of ‘bi er.
14 while’ vat ‘the: beach?
AES A Yes, ‘we already discussed that.
16 “And on: october eth, ‘you ‘sent him:
pie
17 "You. got your vee case. ane
18 Correct?
19 Ye
20 s that. another casé :of xr somethin
21 fferent?
22 It's..the..samé oné. gs
23 Q Okay All right And when you called it a
24 "mystery case," why is that?
25 A The company that I worked for owned like ten
Page 88
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to the bars tonight, but I'm sure someone
will be down this afternoon."
Did Alex, to your knowledge, go toa
fraternity event that evening?
A He definitely didn't. We were together.
Do. y wniow: if’ Alex ha ‘fake sID?
4
Q Next is §.BELETSIS0022. This string of text
messages sounds like this was just before as you were
10 prepping to go to Lightning in a Bottle?
11 A Right.
Be Q And are there any additional text messages
13 after May 24, 2018?
14 A I would think so.
15 Q With Alex?
16 Yeah.
17 Do you know where those text messages are?
18 A Yes.
8S) Q I believe we asked for all the text messages
20 through June 2, 2018.
21 Is there any reason why we didn't get those
22 text messages?
23 MR. FAZZOLA: And this is John Fazzola.
24 In our responses we also served objections,
25 which set forth various objections to the different
Page 98
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A She's up at Santa Rosa Junior College
Q And it was your understanding that when Alex
went off to UC Santa Cruz that he and Kiahna remained
boyfriend/girlfriend or in a relationship?
A Yeah I'm not sure of the exact title, but
they were 100 percent in contact and visiting each other
between: Santa Barbara and Santa Cruz
Q Okay, so Kiahna would go to Santa Cruz and
visit Alex?
10 A. That is correct
1 Q And when Alex came home, he would see Kiahna?
12 Yes.
3 Are you friends with Kiahna?
14 Yes
15. Q: Has -Ki ahna ever expressed, any, concerns v9 voy
16é about Alex's. use of drugs or alcohol?
2
17 “After he passed away a he menti ned. that she
:
18 le b Lt worried about tee
3
19 What. as d she say? +
sy
20 she’ said sophomore year after he “joine he
an aa
21 fraternity BS was: aet dar nga oe She- was: worried”
Ghent thi amount . ea eg ency. ‘that he was “ari
oi
23 Q. The Lightning ina Bottle moncereh eT
24 understood correctly, you drove to UC Santa Cruz to meet
25 up with Alex, and then the two of you drove together to
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Preview
ELECTRONICALLY FILED Superior Court of California Law Offices of County of Santa Cruz MATHENY SEARS LINKERT & JAIME LLP 3/1/2022 5:31 PM MATTHEW C. JAIME (SBN 140340) eel cal, Clerk ROBERT W. SWEETIN (SBN 297130) lo, Deputy 3638 American River Drive Sacramento, California 95864 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 mjaime@mathenysears.com ‘sweetin(@mathenysears.com Attorneys for Defendant, CHRISTOPHER GUEVARA SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ 10 w8 20 11 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 ag Administrator of the Estate of bees Orhz 12 ALEXANDER BELETSIS, and YVONNE DECLARATION OF MATTHEW C. ”Wso RAINEY, surviving parent of JAIME IN SUPPORT OF CHRISTOPHER Wye gt ic Sz 13 ALEXANDER BELETSIS, deceased, GUEVARA’S MOTION FOR SUMMARY jg6 aero Plaintiffs, JUDGMENT, OR, IN THE eus 14 5G ws ALTERNATIVE, SUMMARY NSS 15 Vv. ADJUDICATION 589 16 THETA CHI FRATERNITY, INC., a New Date: May 20, 2022 York corporation, individually, as a Time: 8:30 a.m. 17 member of and t/a the Theta Iota Chapter, Dept: 10 University of California, Santa Cruz, as a 18 member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego Complaint filed 10/31/19 19 and successor entity of the Theta Iota Trial date 6/20/22 Chapter of Theta Chi Fraternity, THETA 20 IOTA CHAPTER OF THETA CHI FRATERNITY, individually, and as an and 21 agent and alter-ego of Theta Chi Fraternity, Inc. CHRISTOPHER GUEVARA, 22 individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota 23 Chapter of Theta Chi Fraternity; BRAD VISACKI, individually, and/or as 24 an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 25 Fraternity; JORDAN KEIICHI TAKAYAMA, individually, and as an 26 agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi 27 Fraternity, ZACHARY NASH DAVIS, individually, and as an agent/member of 28 Theta Chi Fraternity, Inc. and Theta Iota 1 DECLARATION OF MATTHEW C. JAIME IN SUPPORT OF CHRISTOPHER GUEVARA ’S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Chapter of Theta Chi Fraternity; NAJPREET SINGH KAHLON, individually, and as an agent/member of Theta Chi Fraternity Inc. and Theta Iota Chapter of Theta Chi Fraternity, STEFAN MATIAS LEON, individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; MOISES FRANCISCO TENORIO GARCIA, individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; RAFAEL GARCIA, individually, and as an agent/member of Theta Chi Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; EMMANUEL THOMAS, individually, and as an agent/member of Theta Chi 10 Fraternity, Inc. and Theta Iota Chapter of Theta Chi Fraternity; BOBBY KARKI, Zu3 28 11 individually, and as an agent/member of os Theta Chi Fraternity, Inc. and Theta Iota weeZ Orga 12 Chapter of Theta Chi Fraternity; DEREK nuW>d KING, individually, and as an Wye ge S25 ze 13 agent/member of Theta Chi Fraternity, Inc. cas and Theta Iota Chapter of Theta Chi no ews 14 Fraternity; JOHN DYLAN LEITCH, Sa individually, and as an agent/member of as 3 15 Theta Chi Fraternity, Inc. and Theta Iota 289 Chapter of Theta Chi Fraternity; QUINN 16 MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 17 LIVING TRUST, 117 Pasture Rd., Santa Cruz, CA 95060; and JOHN DOES 1 18 through 10, inclusive, individually, and as agents/members of Theta Chi Fraternity, 19 Inc, and Theta Iota Chapter of Theta Chi Fraternity; 20 Defendants. 21 I, Matthew C. Jaime, declare under penalty of perjury that the foregoing is true and correct: 22 1 I am a lawyer duly licensed to practice before all courts of the State of California. 23 I am a partner at Matheny, Sears, Linkert & Jaime, LLP, attorneys of record for Defendant 24 Christopher Guevara in this matter. This declaration is based upon my personal knowledge. If 25 called as a witness, I could and would testify competently to the facts stated herein. 26 2 Attached hereto as Exhibit 1 are true and correct excerpts from the Deposition of 27 Daphne Beletsis, taken in this matter on August 6, 2021. 28 2 DECLARATION OF MATTHEW C. JAIME IN SUPPORT OF CHRISTOPHER GUEVARA 'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 3 Attached hereto as Exhibit 2 are true and correct excerpts from the Deposition of Leon Burns, taken in this matter on December 20, 2020. 4 Attached hereto as Exhibit 3 are true and correct excerpts of the Deposition of | | Mathieu Turk, taken in this matter on February 18, 2021. | 5 Attached hereto as Exhibit 4 are true and correct excerpts of the Deposition of John | || Benson, taken in this matter on May 13, 2021. | 6 Attached hereto as Exhibit 5 is a true and correct copy excerpts of the Deposition of Miguel Saldivar, taken in this matter on May 13, 2021. 7 Attached hereto as Exhibit 6 is a true and correct copy excerpts of the Deposition 10 of Sophia Beletsis, taken in this matter on January 11, 2021. Sw Ses 11 I declare under penalty of perjury under the laws of the State of California that the foregoing GLa were 12 is true and correct. Orge ”Wsd Wet rs zz 13 Executed this « ‘day of February, 2022, at Sacramento, California. AZo = se ee ge 14 / S ESS ‘THAT YOU. WERE: FORCED. TO DRINK \COHOL DON! RB FORCED ALCOHOL 10 2 you TO 11 > DRINK ALCOHOL: DURING oe PLEDGE PROCESS? | Re 12 AS a Dow or RECALL a: EITHER 13 DID you “HAVE BIG BROTHER IN THE 145, -FRATERNITY? 15 eee DID HAVE A. Bl BROTHE IN: THE 16 FRATERNITY 17 AND ‘WHO 18 HIS ‘NAME WAS “DEREK. 19 Q LAST NAME? 20 A KING 21 Q. WAS DEREK AT -- THE PRESIDENT OF THE 22 FRATERNITY AT ANY POINT, IF YOU KNOW? 23 A I BELIEVE AT SOME POINT HE WAS THE 24 PRESIDENT 25 Q. WAS THAT WHILE YOU WERE A PLEDGE: OR A Litigation Services 800-330-1112 | www.litigationservices.com EXHIBIT 5 Miguel Angel Saldivar, Jr. December 03, 2020 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ ---000--- DAPHNE BELETSIS, individually, and as Administrator of the ESTATE OF ALEXANDER BELETSIS, etal, Plaintiffs, Vs. No 19CV03287 THETA CHI FRATERNITY, INC., a New York corporation, et al. Defendants. AND RELATED CROSS-ACTIONS DEPOSITION OF MIGUEL ANGEL SALDIVAR, JR. APPEARING REMOTELY FROM SAN FRANCISCO COUNTY, CALIFORNIA THURSDAY, DECEMBER 3, 2020 10:08 A.M. REPORTED BY: Marianne R. Boyd, CSR No. 6685 U.S. Legal. Support | www.uslegalsupport.com Miguel Angel Saldivar, Jr. December 03, 2020 membership? A I don't think so. I just remember they sent either a representative or a lawyer to tell us that they were going to disband the chapter and revoke like the Theta Chi name from us, or the Iota Chapter. And I believe he just said that we would just become members and we're not active members -- or alumni members, and we are not active members. Q. Because there is no active chapter? 10 A Correct. a1, Q Now, when was this meeting? 2 A I believe it was in fall of 2018. No. 13 Actually -- sorry. It was either fall 2018 or winter 14 2019. I'm not sure. 15 Q. Doesn't matter exactly when, but where was the 16 meeting held? I mean, it's at least -- the earliest of ela it is the fall of 2018? 18 A Yeah. 19 Could have been spring. Where was the -- 20 The meeting? 21 Yeah. 22 Where was it? 23 Yeah, where was it? 24 We all met at Market And’ when -youtre ta ing, about Market,.-do U.S. Legal Support | www.uslegalsupport.com 71 Miguel Angel Saldivar, Jr. December 03, 2020 atts Le Pe rei tx ad feo, 63 6. te. 4s Le $24 eah Me is that where> the ess remonies: have ae been ces “ Tha’ as where one. was held he. spring, 2018: _éne Q. Where was the fall of .2017 held? 10 Fall of 2017 was held at Broadway. eel! Q Broadway? 12 A. I think it was 501 or 500 Broadway. I'm not 13 remembering the street number. 14 Q. Okay. And had those been two of the houses 15 that have been associated with the Iota Chapter of Theta 16 Chi during the time you were either pledging until you 7; left the university? 18 DEFENSE ATTORNEYS: Objection, lacks 19 foundation, vague as to form. 20 THE WITNESS: It's not associated with the 21 chapter. I guess it's associated with members of the 22 chapter, just wherever wé lived, that's where we could 23 like hold events or -- 24 BY MR. FIERBERG: 25 Q So at the Markét Street property, is that where U.S. Legal Support | www.uslegalsupport.com 72 EXHIBIT 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ DAPHNE BELETSIS, INDIVIDUALLY, AND ) AS ADMINISTRATOR OF THE ESTATE OF ) ALEXANDER BELETSIS, AND YVONNE ) RAINEY, SURVIVING PARENT OF ALEXANDER) BELETSIS, DECEASED, ) ) PLAINTIFFS, ) ) CASE NO. 19CV03287 vs. ) ) THETA CHI FRATERNITY, INC., A NEW ) YORK CORPORATION, INDIVIDUALLY, AS A ) MEMBER OF AND T/A THE THETA IOTA ) CHAPTER, UNIVERSITY OF CALIFORNIA, ) 10 SANTA CRUZ, AS A MEMBER OF THE FRATERNAL ORDER KNOWN AS THETA CHI ) a FRATERNITY, AND AS AN ALTER-EGO AND ) SUCCESSOR ENTITY OF THE THETA IOTA ) 12 CHAPTER OF THETA CHI FRATERNITY; ) THETA IOTA CHAPTER OF THETA CHI ) 3. FRATERNITY, INDIVIDUALLY, AND AS AN ) AGENT AND ALTER-EGO OF THETA CHI ) 14 FRATERNITY, INC.; CHRISTOPHER ) GUEVARA, INDIVIDUALLY, AND AS AN ) 15 AGENT/MEMBER OF THETA CHI FRATERNITY,) ING, AND THETA IOTA CHAPTER OF THETA) 16 CHI FRATERNITY; BRAD VISACKI ) INDIVIDUALLY, AND AS AN AGENT/MEMBER ) 17 OF THETA CHI FRATERNITY, INC., AND ) THETA IOTA CHAPTER OF THETA CHI ) 18 FRATERNITY; JORDAN KEIICHI TAKAYAMA, ) INDIVIDUALLY, AND AS AN AGENT/MEMBER ) 19 OF THETA CHI FRATERNITY, INC:, AND ) THETA IOTA CHAPTER OF THETA CHI ) 20 FRATERNITY; ZACHARY NASH DAVIS, ) (PAGES 1 - 166) 21 er CAPTION CONTINUED ON THE FOLLOWING PAGE --- 22 REMOTE DEPOSITION OF SOPHIA RAINEY BELETSIS 23 MONDAY, JANUARY 11, 2021 24 25 JOB NO. 4398709 REPORTED BY: TAMARA’ L. CARLSON, CSR NO. v2555) Page 1 Veritext Legal Solutions 866 299-5127 adviser or personal issues? Q Thank you for clarifying. With the resident adviser. A. I don't know. Q How about any personal issues with regard to alcohol in the 2016/2017 school year? A Not to my knowledge. (Dog barking.) Q Were you aware that he was -- Alex was 10 drinking alcohol in his freshman year of college? aL A Yes. 12 Q And how did you learn that? 13) Because I witnessed him drinking alcohol. 14 To your -- you know, I don't know whose dog LS) that is. 16 It's mine. Sorry. 17 That's all right, just as long as it's not 18 distracting to you or the court reporter. tg You're going to have to take yourself off mute 20 so we can continue. 21 A What was the question? 22 pokey there. a a 23 When you wou witness hi inking alcohol 5 24 sg that.at home-or ai school: in the 2016/2017. schoo 25 year? * od eee “Pag 6 21 Veritext Legal Solutions 866 299-5127 was at. -ho OW. wo! hol? =o oe 6 & nt uld: give -h er ther: eae ye d. have a.g ne with dinner; +5 ae te at ou. phne provide ‘him wi ay. asionally glass: of ne with’ a ae Would yon -- strike that. Did Alex smoke cigarettes? Not to my knowledge. 10 Did he smoke marijuana? vy A Yes. 12 Q And, to your knowledge, when did he start 13 smoking marijuana? 14 A I would be speculating. 15 Q Did he smoke marijuana in high school? 16 Tes: ld Did he drink in high school? 18 A I would be speculating. as) Q Did you ever see him have any wine or beer at 20 dinner prior to him going away to UC Santa Cruz? 21 A The first occasion I remember drinking with 22 him was when he graduated high school. 23 Q Did you ever see Alex intoxicated prior to him 24 leaving for UC Santa Cruz in his freshman year? 25 A. Laon!" remember. Page 22 Veritext Legal Solutions 866 299-5127 Q Were you home during the summer of 2017? A Yes Q And you and Alex both lived in Santa Rosa at that time? A Yes Did Alex work during that summer? Yes Was that at Mr Pickle's? esi: 10 During. the ‘summer: of 2017, aia’. you ‘have TL oceasio: to drink with alex? - s 12 Yes. 13 How often? 14 A. Once’ every two: weeks, once. a week. ES) Q Would Daphne partake when you were drinking 16 with Alex? te A Rarely 18 Did you ever see Alex intoxicated? tS That summer? 20 Yes Sorry 21 No 22 Q Would you smoke marijuana with Alex during 23 that summer? 24 A Yes 25 Q How often? Page 39 Veritext Legal Solutions 866:299-5127 cca Ss carte d beer die. = re ‘what’ wh Ou dice @ other ax tries off of a le like ae it ing «gam ae ye re id-you play'-beer ee, it’ was.at-a SE Of ‘BO »the aterni - ONL remember’ w! Q. And who else was there other than you and Alex 10 and Miguel Saldivar? 11 A I don't remember any other names. 12 Q And that was when you went to pick up Alex for 13 Lightning in a Bottle? 14 A. Uh-huh. "yes"? LS Q 16 Yes. peed Was Alex participating in the beer die game? 18 A Yes. eg) Q Is it one of those things where if you don't 20 catch it or something, you have to take a drink of beér? 21 A Yeah. 22 Q And how long did you play beer die that night 23 or that day? 24 A Between one and two hours, maybe -an hour, 25 yeah. Page 45 Veritext Legal Solutions 866 299-5127 "And I probably won't be camping. tonight I got my bid last night for Theta Chi." Right s0 he kind of bailed out on you? Yeah ual nd 2 watt campsite on the each that was: t ay: ato ‘the beach togé te 10 e bring anybody else with reals nds? et 12 A. (No. 3) _ And. did he partake in ae. oe of ‘bi er. 14 while’ vat ‘the: beach? AES A Yes, ‘we already discussed that. 16 “And on: october eth, ‘you ‘sent him: pie 17 "You. got your vee case. ane 18 Correct? 19 Ye 20 s that. another casé :of xr somethin 21 fferent? 22 It's..the..samé oné. gs 23 Q Okay All right And when you called it a 24 "mystery case," why is that? 25 A The company that I worked for owned like ten Page 88 Veritext Legal Solutions 866 299-5127 to the bars tonight, but I'm sure someone will be down this afternoon." Did Alex, to your knowledge, go toa fraternity event that evening? A He definitely didn't. We were together. Do. y wniow: if’ Alex ha ‘fake sID? 4 Q Next is §.BELETSIS0022. This string of text messages sounds like this was just before as you were 10 prepping to go to Lightning in a Bottle? 11 A Right. Be Q And are there any additional text messages 13 after May 24, 2018? 14 A I would think so. 15 Q With Alex? 16 Yeah. 17 Do you know where those text messages are? 18 A Yes. 8S) Q I believe we asked for all the text messages 20 through June 2, 2018. 21 Is there any reason why we didn't get those 22 text messages? 23 MR. FAZZOLA: And this is John Fazzola. 24 In our responses we also served objections, 25 which set forth various objections to the different Page 98 Veritext Legal Solutions 866 299-5127 A She's up at Santa Rosa Junior College Q And it was your understanding that when Alex went off to UC Santa Cruz that he and Kiahna remained boyfriend/girlfriend or in a relationship? A Yeah I'm not sure of the exact title, but they were 100 percent in contact and visiting each other between: Santa Barbara and Santa Cruz Q Okay, so Kiahna would go to Santa Cruz and visit Alex? 10 A. That is correct 1 Q And when Alex came home, he would see Kiahna? 12 Yes. 3 Are you friends with Kiahna? 14 Yes 15. Q: Has -Ki ahna ever expressed, any, concerns v9 voy 16é about Alex's. use of drugs or alcohol? 2 17 “After he passed away a he menti ned. that she : 18 le b Lt worried about tee 3 19 What. as d she say? + sy 20 she’ said sophomore year after he “joine he an aa 21 fraternity BS was: aet dar nga oe She- was: worried” Ghent thi amount . ea eg ency. ‘that he was “ari oi 23 Q. The Lightning ina Bottle moncereh eT 24 understood correctly, you drove to UC Santa Cruz to meet 25 up with Alex, and then the two of you drove together to Page 112 Veritext Legal Solutions 866.299-5127