Wrongful Death Suit filed Nov. 13, 2013 in California, #2

Carioca said:

(Since WDS thread is closed, am posting this here)
WDS has been refiled in Superior Court State of CA

Greer & Associates
Gaston & Gaston
Attorneys for Plaintiffs,
REBECCA ZAHAU, deceased,
ROBERT ZAHAU, deceased,
ESTATE OF REBECCA ZAHAU,
ESTATE OF ROBERT ZAHAU,
MARY ZAHAU-LOEHNER,
and PART Z. ZAHAU

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO

[…] EQUITABLE TOLLING
4. On July 12, 2013, one day prior to the two-year statute of limitations expiring on claims arising from the July 13, 2011 murder of Rebecca Zahau, Plaintiffs filed an action against Defendants ADAM SHACKNAI, DINA SHACKNAI, NINA ROMANO and DOES 1 through 50, in the United States District Court, Southern District of California (Case Number:13-CV-1624-W-NLS) based on diversity jurisdiction over the first cause of action (wrongful death) pursuant to 28 U.S.C. § 1332 and supplemental jurisdiction over the second cause °faction (assault and battery), third cause of action (negligence) and fourth cause of action (conversion) pursuant to 28 U.S.C. § 1367 (collectively, the "survival actions").

5. On November 12, 2013, the District Court dismissed the federal action without prejudice.

6. Therefore, the statute of limitations for all causes of action of the named Plaintiffs arising from the murder of Rebecca Zahau are tolled under the doctrine of equitable tolling to this date, November 13, 2013. Thus, this action is timely filed.

DEMAND FOR JURY TRIAL
7. Plaintiffs demand a jury trial.

37-2013-00075418-CU-PO-CTL
https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

entry date: 11/14/2013
Civil Case Management Conference scheduled for 08/01/2014 at 10:30:00 AM at Central in C-67 William S. Dato.

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bourne said:

Zahau lawyer Greer had REFILED WDS in Superior Court of San Diego, CA on 11/14/2013.

Statute of limitations has been "tolled" on basis of *Equitable tolling*.

37-2013-00075418-CU-PO-CTL
https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

So the WDS proceeds. Case management conference is scheduled for Aug. 1, 2014 with Judge William S. Dato. :loveyou:

So long defendants. Good riddance. Hope you get CP and not just :jail:

JUSTICE for REBECCA ZAHAU and her family.

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kittychi said:

So happy about this. But what does "case management conference" mean? August 1??? The wheels of justice sure move slowly. But it will allow the defendants time to get their personal affairs in order before they are taken away.

:floorlaugh:

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Mrs. Holmes said:

I just noticed that.... hopefully it means January 8th 2014

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Mrs. Holmes said:

Judge William S. Dato is very respected

http://www.therobingroom.com/california/Judge.aspx?id=3318

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K_Z said:

I'm hopeful we will be able to have a new thread for this newly filed case. Until then, I thought I'd post the entire re-filed Wrongful Death civil suit pdf here:

14 pages

View attachment 38960

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kittychi said:

Thank you for posting that, K_Z. I know we have discussed here the mention in the suit that Rebecca's parents were dependent on her for some level of support. The phrase that strikes me is that plaintiffs are entitled to funeral and burial costs. The LHK troop would have you believe that Jonah paid for the entire thing.

Also...reading through this document, plus earlier today I read Dr. Bove's report on Max--when I stand back and look at the big picture, I see Dina's entire play to re-open Max's case as nothing but smoke and mirrors to distract from looking directly at her for clues in Rebecca's death. I know this sounds harsh, but I cannot help considering that Dina exploited her son's death to shield herself. I hope I am wrong, but IMO it has this appearance.

Sorry, Salem, I know I am OT, I don't see a new thread yet for the refiling of the WDS.

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bourne said:

Am giving a shout-out and wave to Carioca for posting about the refiling of the suit first :loser:

I communicated with AZlawyer. She says that the Addison case in CA will save the Zahau's claim for "Equitable Tolling". So I looked up the case.

Here are more info, BBM, on what equitable tolling does with respect to the law and how it balances justice for the plaintiffs and defendants, and how it applies to the Zahau, Addison and other cases: http://scocal.stanford.edu/opinion/addison-v-state-california-30505

"We have previously indicated that the equitable tolling doctrine fosters the policy of the law of this state which favors avoiding forfeitures [21 Cal.3d 321] and allowing good faith litigants their day in court. [2b] As with other general equitable principles, application of the equitable tolling doctrine requires a balancing of the injustice to the plaintiff occasioned by the bar of his claim against the effect upon the important public interest or policy expressed by the Tort Claims Act limitations statute. (See City of Long Beach v. Mansell (1970) 3 Cal.3d 462, 496-497 [91 Cal.Rptr. 23, 476 P.2d 423]; Driscoll v. City of Los Angeles (1967) 67 Cal.2d 297 [61 Cal.Rptr. 661, 431 P.2d 245].)

[1d] In our view, the balance in this case must be struck in plaintiffs' favor. If the tolling doctrine were not applied, plaintiffs would be denied a hearing on the merits of their claim. The doctrine's application, on the other hand, should not substantially undermine the policy of prompt resolution of claims. As we have noted, plaintiffs filed their state court action within nine months after their right to sue arose and by reason of the federal suit, defendants were fully notified within the six-month statutory period of plaintiffs' claims and their intent to litigate. Defendants were informed at all times of the nature of plaintiffs' claims. Any delay resulting from plaintiffs' original erroneous choice of forum was minimal. Unlike our decision in Williams v. Los Angeles Metropolitan Transit Authority, supra, 68 Cal.2d 599 which raised the prospect of a 21-year tolling period, under the circumstances herein minimal uncertainty or delay could result when the limitations period is tolled during pendency of a timely filed federal suit subsequently dismissed for lack of jurisdiction."

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bourne said:

Kudos to the Zahau lawyers for making STRONGER and CLEARER statements about the culpability of the defendants in Rebecca's MURDER in this refiled WDS (BBM):

"GENERAL ALLEGATIONS/ STATEMENT OF FACTS

17. On or around the morning of July 13, 2011, Defendants ADAM, DNA
NINA, DOES 1 through 50, inclusive, and each of them, conspired to plan, and did
in fact, murder REBECCA ZAHAU in Coronado, California."

I like this plain, articulate, concise language, as I'm certain the new judge does too :loser: Excellent, Zahau lawyers!

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Nope, not weird at all. Just shows that Rebecca was the one using that room. No one else.

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EVLizzel said:

Is there any reason to believe that AS spent much time or had much of a relationship with DS or NR? When looking over what the WDS alleges, I think that what's get me the most, the level of conspiracy it alleges.

Is it okay for me to speculate here?

I guess the only scenario that involves all 3 to me and makes a lick of sense is that DS AND NR accosted/confronted her in the house, things got ugly quickly, RZ was choked out by one or both of the sisters and then AS was alerted to the situation/heard the commotion somehow and entered the scene, they maybe appealed to him for help by pushing the theory that RZ did in fact kill MS, and he helped them stage the bizarre scene to help them.

All above isn't even an opinion, just a way for me to try to make sense of what happened if not considering suicide. I also just have a hard time believing only DS or just NR could have subdued her. I feel like it would have had to be more than one person if women.

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MzOpinion8d said:

How can it be explained that AS' DNA was not on the ropes if he was the one who got her down?

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The rope also was tested for DNA.

Shelley Webster, a DNA specialist with the sheriff’s department, found 10 samples. All matched Zahau.

http://www.utsandiego.com/news/2011/sep/03/officials-sure-bizarre-case-suicide-family-unconvi/2/

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bourne said:

I disagree strenuously that Dina or Nina could not *alone* have physically subdued Rebecca. Both Dina and Nina are gigantic size relative to Rebecca. Remember Dina and Nina are 5'9" and weight over 185 lbs each. Rebecca was *tiny*, petite, 5'1", 100 lbs only. Compare the physical sizes alone. Dina *alone* could physically subdue Rebecca especially if Rebecca was in a vulnerable position to begin with. E.g., Rebecca might have been in the shower, naked with her back to Dina or Nina as either one approached her from behind. With the water running, Rebecca would not have heard anyone creep up on her.

It is an empirical fact that irrespective of one's physical size, circumstances alone could allow anyone of any size to physically subdue another.

Here's another example. Perhaps Rebecca was already asleep in bed. Dina or Nina creeps in to a dark bedroom and jumps atop Rebecca. How easy would that be for either twin to physically subdue Rebecca?

Here's a different but a highly probable scenario. *Both* twins physically subdued Rebecca either while she was showering or sleeping.

As to Adam, at some point, he might have been recruited to throw Rebecca's unconscious body over the balcony railing in order to hide the fact that she had already been strangled to death by one or both sisters or with noose. Remember all three defendants (Dina, Nina and Adam) have sailing and special knot tying experience. Rebecca didn't. So we can eliminate Rebecca from having tied complex knots on herself. Hence, Rebecca was viciously and gruesomely murdered by Dina, Nina and probably Adam brought in to stage crime scene.

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EVLizzel said:

RZ was choked out

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MaybeNotToday said:

Yes, there does seem to be many different "murder" scenarios. The problem I see in so many of them is that the person's character has to be completely morphed into something else for each scenario to make sense. Dina is really strong, towering over Rebecca to murder- but needs Adam to throw her over the banister? Or Adam is an idiot who takes orders blindly in one theory but is the mastermind behind a complicated staging in another. Everything is a lie until it's not. Everyone but Rebecca knows how to tie a knot <mod snip>

As a critical thinker, the suicide scenario is the only one that makes consistent sense to me. I take what I know from media, create a consistent character, apply the evidence reported. However, it is this one scenario, (out of the many different conflicting scenarios), that discussion of will be blatantly shut down here. As if it's just a ridiculous impossibility. I find that telling (but not in ways you probably think).

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Betty P said:

Actually, I'm inclined to agree with one part of your statement. Since the revelation that a tugboat hitch knot was used for the noose around RZ's neck, I don't think either Dina or her sister tied those knots. IMO, it most likely was Adam. They're just too unique and complex for an average person to tie on the spur of the moment. Everyone had to have been in a bit of a panic that night. Here they were, improvising a murder made to look like suicide in the middle of the night.

I still wonder if RZ's murder was an accident. If Adam, Dina and her sister started out torturing her with beating, binding and choking, then ended up going too far. I don't think they were trying to "get information" or "ask questions" of RZ. There was nothing she could tell them about Max's accident that would quench their rage, that would tell them anything they didn't already know - that he fell off a balcony and broke his neck. Nothing RZ could say would change anything.

Nina and Dina wanted revenge. They began to vent their pent up rage towards RZ and their abuse and violence escalated until she died. At that point they were likely in panic mode, needing to cover their tracks and destroy evidence. Someone came up with a very sadist idea for staging a bizarre suicide. But they were in a panic and a hurry. People without a nautical background likely wouldn't have taken the time to research or brainstorm the idea of using complex nautical knots in an overkill method for bindings and a noose. The person who would have quickly created those elaborate knots as if they were second nature is Adam. He could tie those knots in his sleep.


Adam is the most likely person at the murder scene who could could have tied those knots. I'd pretty much always believed that, but the discovery of the tugboat hitch knot info confirmed it.

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