BBM. That and whatever else they can legally do. I think any lawsuit accusing a child's grieving family of murder is about as malicious as it can get.
JMO
Wrongful Death Suit filed Nov. 13, 2013 in California, #3
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BBM. That and whatever else they can legally do. I think any lawsuit accusing a child's grieving family of murder is about as malicious as it can get.
JMO
LuckyLucy2
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Remember, don't take the bait, alert a mod instead! :ignore:
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Thought I would post the Zahaus' latest Case Management Statement filed 6/30, so we can compare it to the one that Adam Shacknai filed on 6/9.
https://roa.sdcourt.ca.gov/roa/face...5_Case_Management_Statement_1435735568456.pdf
https://roa.sdcourt.ca.gov/roa/face...5_Case_Management_Statement_1433909090864.pdf
Note the Zahaus' are only interested in settlement. ($$$$$$$$$)
Note Adam will not settle, and is only interested in Mediation.
How sad that the Zahaus' feel that harassing and accusing the family of a dead little six-year old boy, who died while in the care of their sister, just to make money is a ok thing to do. Arent they suppose to be Christian folk?
JMO
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Thought I would post the Zahaus' latest Case Management Statement filed 6/30, so we can compare it to the one that Adam Shacknai filed on 6/9.
https://roa.sdcourt.ca.gov/roa/face...5_Case_Management_Statement_1435735568456.pdf
https://roa.sdcourt.ca.gov/roa/face...5_Case_Management_Statement_1433909090864.pdf
Note the Zahaus' are only interested in settlement. ($$$$$$$$$)
Note Adam will not settle, and is only interested in Mediation.
How sad that the Zahaus' feel that harassing and accusing the family of a dead little six-year old boy, who died while in the care of their sister, just to make money is a ok thing to do. Arent they suppose to be Christian folk?
JMO
screecher
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Yeppers, A city the size of San Diego was unable to get a ME to the scene till 12,13 hours after she was found? Not enough LE to to secure the scene, including but not limited to, Rebecca's body? Really?
Just what was going on all those hours? I'm thinking it was finding the 'right' people to do their job in the manner the monied people in power wanted done. UGH.
I just finished reading all the case statements. IANAL, of course, but I don't see anything to "mediate" in this case. It's not a contract dispute, property disagreement or business arrangement gone wrong. It's the torture and killing of an innocent, defenseless woman. What's to mediate? I may be missing something here, so feel free to correct me. I do understand why they agreed to Mediation discussions with Adam' s attorneys as a show of good faith and fairness, but it doesn't seem likely anything could be resolved that way.
Also making note of the full schedule for depositions submitted by the Zahaus family, for clarification:
Deposition of Parties October 2015
Deposition of Third Parties December 2015
Expert Depositions March 2016
So, according to the Plaintiff attorneys, Dina, Nina and Adam will be deposed sometime this summer or early autumn. Since hearings to consider ending the cases aren't scheduled until 2016, it looks as though the defendants will be deposed. It doesn't seem possible for them to avoid it. JMO
Again, I must say it takes a great deal of courage and commitment on the part of the Zahau family to pursue these suits. Apart from being expensive and time consuming, it must be incredibly stressful and risky to take on such wealthy, powerful and aggressive people. JMO
justice be served
The Angry Norwegian
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Great post Betty P. The voice of reason.
I had forgotten about that. Pretty amazing that it didn't get scrubbed off the internet...Sitrick missed it.
LuckyLucy2
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The case is officially ruled a suicide. Four different law enforcement agencies and the detective's Jonah Shacknai hired found that only Rebecca Zahau was in the room with the balcony that night. Only she was responsible for her dramatic death.
The California Attorney General's office declined to reopen the case -twice - once at the request of Jonah Shacknai and once at the request of the Zahaus'. The CAGO found "no gross malfeasance by the investigative agency," wrote the chief assistant attorney general, Dane R. Gillette.
http://sdsheriff.net/coronado/
http://www.cnn.com/2011/09/22/justice/california-mansion-deaths/
Ann Rules Book
If the Zahaus' had questions about the investigation, why NOT mediate? Why not sit down with all parties and get answers? That is what decent people would do. No, this case is all about $$$$$$$$ for the Zahaus'. Lots of it.
It is highly doubtful this case will ever see a jury. I expect to be out of court either in October, when we have the first Summary Judgement, or in February when the Demurrers are ruled on.
The State court warned the Zahaus they needed to have some factual evidence to continue the case, which they were unable to do in their eighth iteration of their claims. I have no doubt it will be dismissed.
Remember this from Adam's recent dumurrer?
"After eight iterations of three complaints spanning nearly two years in both federal and state court, Plaintiffs’ counsel have alleged nothing more than they “believe” Mr. Shacknai joined the purported conspiracy. At this point, the only conclusion to be drawn is that they have alleged nothing more because they cannot. As a matter of law, that a plaintiff “believes” someone committed a wrong is not enough to require someone to stand trial. Therefore, the SAC should be dismissed with prejudice.
After four years of investigation, four sets of counsel, and eight iterations of the complaint, Plaintiffs’ counsel have been unable to come forward with any allegation for including Mr. Shacknai as a defendant in this case other than a belief for which they have no factual basis. Therefore, the Complaint and each of its causes of action should be dismissed as to Mr. Shacknai, and dismissed with prejudice."
AZlawyer
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The Zs said they wanted a settlement conference; Adam said he wanted mediation. A mediation is the same thing as a settlement conference, except that it is usually handled by an attorney "judge pro tem" appointed by the court, or by a private mediator paid by the parties, rather than by one of the sitting judges or magistrate judges. Also, a mediation is normally scheduled for a longer time period than a settlement conference (because the judges have a full calendar).
If a party checks off "settlement conference" only, my impression would be that they are not interested in settlement, or think the other party is not interested, and are trying to comply with the rule requiring settlement discussions without wasting too much time or money.
If a party checks off "mediation" only, my impression would be that they are serious about settlement, and don't want to waste their time with a 1-hour session with a magistrate judge rather than a half-day session with a trained mediator. (Of course, being serious about settlement doesn't mean the party is willing to pay a lot of money.)
*Lash*
Justice 4 Rebecca
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New state document on the ROA - #198 (not available for purchase yet).
7/2/2015 #198 - Statement - Other (Statement of Non-Opposition to Motion to Compel) filed by Gore, William D.
Gore, William D (Interested Party)
https://roa.sdcourt.ca.gov/roa/
Dina filed state document #190 on 6/25/2015. It was a motion to compel further response and additional evidence/documents being held at SDSO and several other agencies. SDSO's attorney said they would comply under a court order. Looks like ALL the evidence is about to be seen by ALL parties.
Refresher of what Dina was asking for -
Doc# 190 https://roa.sdcourt.ca.gov/roa/face..._Motion_to_Compel_Discovery_1435375633296.pdf
(page 2)
• Compelling non-party witness San Diego Sheriffs Department (hereinafter"SDSD"), to further comply with the Document Subpoena served on them byproducing documentary and physical evidence obtained by a searchwarrant(s) for inspection and/or copying.
7/2/2015 #198 - Statement - Other (Statement of Non-Opposition to Motion to Compel) filed by Gore, William D.
Gore, William D (Interested Party)
https://roa.sdcourt.ca.gov/roa/
Dina filed state document #190 on 6/25/2015. It was a motion to compel further response and additional evidence/documents being held at SDSO and several other agencies. SDSO's attorney said they would comply under a court order. Looks like ALL the evidence is about to be seen by ALL parties.
Refresher of what Dina was asking for -
Doc# 190 https://roa.sdcourt.ca.gov/roa/face..._Motion_to_Compel_Discovery_1435375633296.pdf
(page 2)
• Compelling non-party witness San Diego Sheriffs Department (hereinafter"SDSD"), to further comply with the Document Subpoena served on them byproducing documentary and physical evidence obtained by a searchwarrant(s) for inspection and/or copying.
*Lash*
Justice 4 Rebecca
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Snipped for context -
AZlawyer,
Thank you for your input
.
It is pretty clear from the Federal Joint Case Management Statement Report, "The parties have come to the conclusion that no ADR process is likely to deliver benefits sufficient to justify the resources committed to its use, and this case should be exempted from participating in any ADR process". A document filed jointly by ALL parties.
AZlawyer,
Thank you for your input
.It is pretty clear from the Federal Joint Case Management Statement Report, "The parties have come to the conclusion that no ADR process is likely to deliver benefits sufficient to justify the resources committed to its use, and this case should be exempted from participating in any ADR process". A document filed jointly by ALL parties.
screecher
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Also, I think every ME in that county ought to be subpoenaed and asked for their work calendar for July 2011, asked if they were on duty the day/morning of Wednesday, July 13, 2011 and if they were called to respond.
screecher
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"The evidence/property items seized pursuant to search warrant is not subject to any open or
ongoing investigation, or proceeding, within the criminal court system. Further, these items are not
the subject of any pending matter before any other Court. However, these items continue to be
maintained by the Sheriffs though the investigations of Decedent's and Max's deaths have reached
conclusion and no access has been permitted to this Def~ndant for inspection, copying,
photographing/videotaping of these items."
Dina is using the Zahaus WDS to garner info on Max's horrific accident, imo, to use it against JS. KILL two birds with one stone. I always suspected this to be the case.
I do wonder if she had ES and GS subpeoned in her WDS against JS.
ongoing investigation, or proceeding, within the criminal court system. Further, these items are not
the subject of any pending matter before any other Court. However, these items continue to be
maintained by the Sheriffs though the investigations of Decedent's and Max's deaths have reached
conclusion and no access has been permitted to this Def~ndant for inspection, copying,
photographing/videotaping of these items."
Dina is using the Zahaus WDS to garner info on Max's horrific accident, imo, to use it against JS. KILL two birds with one stone. I always suspected this to be the case.
I do wonder if she had ES and GS subpeoned in her WDS against JS.
LuckyLucy2
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Not only does Dina have the word of Ann Rule that she had witnesses that placed her at Radys throughout the night, and Nina stating in her CBS8 audio interview that Dina had nurses as witnesses AND was on survelience, we also have the word of Roy Black.
The Zahaus are going to be the laughing stock of the entire California court system. They should bail out now. JMO
The Zahaus are going to be the laughing stock of the entire California court system. They should bail out now. JMO
screecher
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San Diego County Sherifrs Department
ATTACHMENT 1
To Deposition Subpoena for
Production of Business Records
1. Any and all documents, reports, journals, notes, field notes, transcripts, handwritten
notes, statements, interviews, logs, investigation logs, evidence logs, drawings, schematics,
medical records, billing records, journals, writings, documents, photographs and evidence
concerning your investigation (criminal or otherwise) into the incident that occurred on July 11,
2011 at 1043 Ocean Boulevard Coronado, California, Death fuvestigation Number 11133835.
2. Entire investigative file, field notes, notes of investigation, hand written notes, duplicate
records, detective notes, detective logs, interviews, notes on interviews, crime scene logs or
incident logs pertaining to the incident that occurred on July 11,2011 at 1043 Ocean Boulevard
Coronado, California, Death Investigation Number 11133835.
3.All evidence pertaining to the incident that occurred on July 11,2011 at 1043 Ocean
Boulevard, Coronado, California, Death fuvestigation Number 11133835, identified/listed as
follows:
Physical Evidence
Factual Diagrams;
Report(s) for blood sample taken from Ms. Zahou;
Photographs of the scene taken by;
CD containing audio recordings of witness interviews;
Results of lie detector tests;
Witness statements;
All video downloads of surveillance cameras taken at Rady Childrens Hospital or
the Ronald McDonald House
Hah! defendant dina is absolutely using the Zahau WDS to gather evidence for her own WDS against JS. Bahahah
ATTACHMENT 1
To Deposition Subpoena for
Production of Business Records
1. Any and all documents, reports, journals, notes, field notes, transcripts, handwritten
notes, statements, interviews, logs, investigation logs, evidence logs, drawings, schematics,
medical records, billing records, journals, writings, documents, photographs and evidence
concerning your investigation (criminal or otherwise) into the incident that occurred on July 11,
2011 at 1043 Ocean Boulevard Coronado, California, Death fuvestigation Number 11133835.
2. Entire investigative file, field notes, notes of investigation, hand written notes, duplicate
records, detective notes, detective logs, interviews, notes on interviews, crime scene logs or
incident logs pertaining to the incident that occurred on July 11,2011 at 1043 Ocean Boulevard
Coronado, California, Death Investigation Number 11133835.
3.All evidence pertaining to the incident that occurred on July 11,2011 at 1043 Ocean
Boulevard, Coronado, California, Death fuvestigation Number 11133835, identified/listed as
follows:
Physical Evidence
Factual Diagrams;
Report(s) for blood sample taken from Ms. Zahou;
Photographs of the scene taken by;
CD containing audio recordings of witness interviews;
Results of lie detector tests;
Witness statements;
All video downloads of surveillance cameras taken at Rady Childrens Hospital or
the Ronald McDonald House
Hah! defendant dina is absolutely using the Zahau WDS to gather evidence for her own WDS against JS. Bahahah
LuckyLucy2
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Dina should have been given those records immediately. It is a shame she has had to wait so long to get them, and sad that the mother of the child that was fatally injured under the watch of Rebecca Zahau had to go to such lengths to get them.
Interesting that they took Rebecca's blood that morning. Did her strange behaviour make them think she was on drugs? Was it because she kept changing her story?
Looks like either Rebecca or X had to take a lie detector test. Well whatta know? Wonder why we have never heard about that? Because she failed it? Why else would they have kept that a secret? They must have found all of her changing stories about what happened suspicious.
And why would Dina want all video downloads of surveillance cameras taken at Rady Childrens Hospital on the 11th? Did Rebecca try to sneek in the building to disconnect Max from life support?
So glad to hear Dina will be getting all of that!
Yes, thanks for posting. Lots to ponder there.
JMO
Interesting that they took Rebecca's blood that morning. Did her strange behaviour make them think she was on drugs? Was it because she kept changing her story?
Looks like either Rebecca or X had to take a lie detector test. Well whatta know? Wonder why we have never heard about that? Because she failed it? Why else would they have kept that a secret? They must have found all of her changing stories about what happened suspicious.
And why would Dina want all video downloads of surveillance cameras taken at Rady Childrens Hospital on the 11th? Did Rebecca try to sneek in the building to disconnect Max from life support?
So glad to hear Dina will be getting all of that!
Yes, thanks for posting. Lots to ponder there.
JMO
IIRC, AZlawyer has addressed this numerous times. The WDS is about RZ's death and evidence related to Max's death is not admissible.
I remember that Roy Black article in Daily Beast. I thought it was off at the time and I think it is off now. Roy Black knows that she was seen on videotape? Yet Gore admitted that she was not?
Ann Rule said she had witnesses, Nina said she had witnesses. So where are the witnesses? It seems Dina could have saved a lot of money and embarrassment by now if she had come up with those Rady videotapes showing her on them and all of her witnesses.
There's no evidence that anyone took RZ's blood that morning, just as there's no evidence that Jonah texted RZ that Max's death was imminent. Just because someone puts something in a subpeona, that doesn't mean it actually exists.
Dina's subpoenas seem like just another attempt to smear RZ's reputation. Some also suggest she's using them to pressure Jonah. Who knows what motivates Dina? If she's as innocent as she claims, she would just produce her witnesses or evidence that she was at Rady that night and put an end to all of this. JMO
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