Wrongful Death Suit filed Nov. 13, 2013 in California, #3

[LuckyLucy2]

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.)

With all due respect, AZLawyer, I understand that you are on the side of the Zahaus so your viewpoint and spin is from that prespective. However, I find much information ton Settlement and Mediation that seems to disagree with you said, and I stick by my original post.

Of course, I am on the side of the Shacknais, so my viewpoint and spin is from that prespective.

I just don't see someone filing a CIVIL lawsuit for $10 Million dollars, unless money is what they are after. And in my opinion, the Zahaus are 100% about the money, and settlement is also usually 100% about the money.

Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action.

If you are considering settling a legal claim in your civil case, or if you have received a settlement offer, you should talk to your attorney and receive his or her thorough assessment of the case and the prospects for settlement. Consider the following points (partial list):

Amount he or she thinks the case is worth in a range of dollar amount.

The defendant's own monetary resources

If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.

Discuss the minimum amount you will accept

http://litigation.findlaw.com/filin...ore-trial-settlement-alternative-dispute.html

Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary resolution of a dispute. Mediation is an informal, confidential, and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices. It can help people resolve civil, family, juvenile and other matters in a less adversarial setting. Court mediation programs have been shown to save the parties time and money, improve satisfaction with the court’s services and reduce future disputes and offenses.

The mediator helps the parties to:

communicate better,

explore legal and practical settlement options, and

reach an acceptable solution of the problem

The mediator does not decide the solution to the dispute; the parties do. Mediation can result in a legally enforceable contract agreed to, in writing, by the parties.

Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties and help them communicate with each other in a constructive manner.

When cases are resolved through mediation, the parties may save money that they would have spent on attorney’s fees, court costs, and experts’ fees, which can total thousands of dollars.

http://www.monterey.courts.ca.gov/ADR/Mediation.aspx

 

[LuckyLucy2]

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

If it is listed in the Deposition Subpoena for Production of Buisness Records, I'm pretty sure it exists.

Law enforcement knew and knows that Dina had witnesses and was on surveilence, even if Gore didn't the day of the Press Conference.

Jonah would still have the text that he sent, even if Rebecca deleted it from her phone. Elementary.

I think what motivates Dina is finding out what happened to her precious son...afterall, Rebecca Zahau gave many different stories of what happened, and then comitted suicide 40 hours later.

JMO

 

[LuckyLucy2]

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

If it is listed in the Deposition Subpoena for Production of Buisness Records, I'm pretty sure it exists.

Law enforcement knew and knows that Dina had witnesses and was on surveilence, even if Gore didn't the day of the Press Conference.

Jonah would still have the text that he sent, even if Rebecca deleted it from her phone. Elementary.

I think what motivates Dina is finding out what happened to her precious son...afterall, Rebecca Zahau gave many different stories of what happened, and then comitted suicide 40 hours later.

What doesn't exist is any evidence at all that places Dina, Nina, or Adam in the hanging room that night. You would think the Zahaus would know they need that. Too bad for them they don't have any.

JMO

 

[LuckyLucy2]

IIRC, AZlawyer has addressed this numerous times. The WDS is about RZ's death and evidence related to Max's death is not admissible.

IIRC, AZLawer wrote that the Medical Examiner's report about both Max and RZ's death is not admissable.

What evidence is allowed will be up to Judge Bacal; however, since the Zahaus' have no evidence whatsoever, I believe the case will be dismissed before it ever gets that far.

JMO

 

[screecher]

"...what motivates Dina is....", imo, her disdain, jealousy, and rage for Rebeeca and her relationship with JS and his son (even though her son has passed, even though her ex-husband has clearly moved on, defendant dina is stuck). One would think, being a mental health worker, one would have better coping skills. dina is on a one-way track to hell, imo. It is the reason why defendant dina stalked, harassed and ridiculed Rebecca and her family. And continues to do so.

"With all due respect, AZLawyer, I understand that you are on the side of the Zahaus so your viewpoint and spin is from that prespective." Surely you jest. lol.

 

[LuckyLucy2]

[/U]

"...what motivates Dina is....", imo, is her disdain, jealousy, and rage for Rebeeca and her relationship with JS and his son. It is the reason why defendant dina stalked, harassed and ridiculed Rebecca and her family. And continues to do so.

"With all due respect, AZLawyer, I understand that you are on the side of the Zahaus so your viewpoint and spin is from that prespective." Surely you jest. lol.

Yes, Dina is stuck because the Zahaus' have been harrassing her for over four years, even though she had nothing to do with Rebecca's death. She has never had time to mourn peacefully over Max. I still don't understand why there is such hatred for a little boy and his Mother. It bogles my mind.

Max was scared of Rebecca, and look terrified in every photo with her. No one was jealous of Rebecca, IMO. Mary may think she was "all that", but I doubt many others did. In fact, Jonah seemed to be the only one in the whole family that liked her; certainly Kim, GS, and ES didn't like her. - she talks about that in her diary. The true face of Rebecca Zahau is the one that was captured in her mug shot. Rebecca was a very vain and materialistic person, and so is Mary.

I do not believe you want to get into a discussion about who is in or is going to Hell, since Rebecca committed suicide after hurting a child. You know what Mary claims her church thinks about hell and suicide.

JMO.

 

[screecher]

"...Mary may think she was "all that", but I doubt many others did. In fact, Jonah seemed to be the only one in the whole family that liked her;..."



Hah! Jonah 'liked her'? According to JS's best friend (for years), the doctor friend, Luber, Jonah loved Rebecca, was wanting to marry her. :loveyou: Didn't matter to him if any one else in that whole blender family didn't concur. JS is his own man.

And, imo, dina threw :tantrum: s and made herself :crazy: knowing JS felt like that towards Rebecca.

 

[LuckyLucy2]

Jonah and Rebecca had only been together 2 years, and only full-time since she quit her job in January. He may have loved her AND liked her, but no one else in the family did. Heck, Adam didn't even know her name! No even sweet little Max, the boy who had big smiles for everyone could not smile in photos or videos with Rebecca. It was obvious he did not like her.

There would have been no marriage after Max's accident and death. Jonah would have never been able to forgive her for her part in Max's death. Not someone that told so many different stories - or not speaking at all - about the accident of his beloved child, Maxie.

I believe that is a big part of why she took her own life in such an angry and bizarre manner. She knew it was over. She was clearly only concerned about what self-centered Rebecca Zahau had lost, not what Jonah had lost.

JMO

 

[Sharyne]

Jonah and Rebecca had only been together 2 years, and only full-time since she quit her job in January. He may have loved her AND liked her, but no one else in the family did. Heck, Adam didn't even know her name! No even sweet little Max, the boy who had big smiles for everyone could not smile in photos or videos with Rebecca. It was obvious he did not like her.

There would have been no marriage after Max's accident and death. Jonah would have never been able to forgive her for her part in Max's death. Not someone that told so many different stories - or not speaking at all - about the accident of his beloved child, Maxie.

I believe that is a big part of why she took her own life in such an angry and bizarre manner. She knew it was over. She was clearly only concerned about what self-centered Rebecca Zahau had lost, not what Jonah had lost.

JMO

I've been following this forum for many years, and I don't recall seeing videos or photos of Rebecca where Max wasn't smiling. I also don't recall reading anything where she told so many different stories. Do you have a link for the photos and stories, please?

 

[justice be served]

I've been following this forum for many years, and I don't recall seeing videos or photos of Rebecca where Max wasn't smiling. I also don't recall reading anything where she told so many different stories. Do you have a link for the photos and stories, please?

Nice to hear from you Sharyne. I agree. And nice to again be reminded how very many supporters there are over and over again for what was obviously a biased investigation into Rebecca's death. There are many that seek justice for Rebecca and there are what, maybe two, who see it otherwise.

Xoxo to you.

 

[Sharyne]

Nice to hear from you Sharyne. I agree. And nice to again be reminded how very many supporters there are over and over again for what was obviously a biased investigation into Rebecca's death. There are many that seek justice for Rebecca and there are what, maybe two, who see it otherwise.

Xoxo to you.

Hi Justice,

Thank you for your reply. And yes, every person I talk to about RZ's murder agrees, not even 1 person has any doubt. NOTHING aggravates me more than injustice and bias comes in a close second. It's so sad that that common sense and logic have been disappearing for decades now, little by little. I didn't take notes, but after RZ's body was found and NOT covered by umbrella or whatever it takes, every time on the news after that, the ME was there within 4 hours and precautions were taken to prevent loss of evidence.

There is another case I'm following just as closely about a missing person from PA a DA. There is a poster there who makes the same kind of posts withOUT links....he says it's from a source he cannot reveal.

It is sad for Dina to lose her son. By the same token, it is sad for RZ's family to lose a daughter and a sister. Name calling and gloating over what is going to happen (and who really knows what it will be) is very distracting.

I hope the truth will be revealed and (to use your name) justice be served for all parties involved.

xoxo right back at ya.

 

[Sharyne]

And I want to thank those who have spent much time, effort and money to keep us up to date on all the documents and court proceedings. It is truly appreciated to see the facts.

 

[*Lash*]

Imo when posters are accused of "hatred" of a little boy, the bloviating is out of control. It is absolutely disgusting to accuse anyone of "hatred" towards Max. Spinning a story is one thing, accusing people of hatred of an innocent 6 year old boy is just plain tasteless, disgraceful and shameless. SMH!

 

[Waitaminute]

I also find it fairly disturbing when a poster can state, as if this was somehow a fact, that Rebecca committed suicide after hurting a child...

 

[BBL]

Personally, I believe that a gag order would be attached to any sort of settlement the offered the Zahaus. IMO they would not agree to a settlement unless they could also allow the truth to come out.This has always been about justice and righting a wrong. MO, not settling and not accepting a gag order shows how little this is about money. They want the truth and hopefully they want us all to finally hear it as well.

 

[BBL]

respectfully snipped:

I wonder when JS vehicle was returned to him. Remember, Nina had taken it as Dina had already bolted Rady.

Surely, Rady's video cams will show when it was returned.

^^^^^ This! I've asked a few times and no one seems to know the answer. I would imagine this would be an important question at the deposition.

 

[Simply Caustic]

With all due respect, AZLawyer, I understand that you are on the side of the Zahaus so your viewpoint and spin is from that prespective. However, I find much information ton Settlement and Mediation that seems to disagree with you said, and I stick by my original post.

Of course, I am on the side of the Shacknais, so my viewpoint and spin is from that prespective.

I just don't see someone filing a CIVIL lawsuit for $10 Million dollars, unless money is what they are after. And in my opinion, the Zahaus are 100% about the money, and settlement is also usually 100% about the money.

Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action.

If you are considering settling a legal claim in your civil case, or if you have received a settlement offer, you should talk to your attorney and receive his or her thorough assessment of the case and the prospects for settlement. Consider the following points (partial list):

Amount he or she thinks the case is worth in a range of dollar amount.

The defendant's own monetary resources

If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.

Discuss the minimum amount you will accept

http://litigation.findlaw.com/filin...ore-trial-settlement-alternative-dispute.html

Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary resolution of a dispute. Mediation is an informal, confidential, and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices. It can help people resolve civil, family, juvenile and other matters in a less adversarial setting. Court mediation programs have been shown to save the parties time and money, improve satisfaction with the court’s services and reduce future disputes and offenses.

The mediator helps the parties to:

communicate better,

explore legal and practical settlement options, and

reach an acceptable solution of the problem

The mediator does not decide the solution to the dispute; the parties do. Mediation can result in a legally enforceable contract agreed to, in writing, by the parties.

Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties and help them communicate with each other in a constructive manner.

When cases are resolved through mediation, the parties may save money that they would have spent on attorney’s fees, court costs, and experts’ fees, which can total thousands of dollars.

http://www.monterey.courts.ca.gov/ADR/Mediation.aspx

Respectfully, I'll choose to believe azlawyer over a layman's interpretation of find law.com. Why? Because she's a verified attorney. Not a verified Google-r (and I consider myself a Google-r so no offense to anyone with that.)

I do this based upon years of posting alongside azlawyer and her documented work regarding the Casey Anthony case (media citations available, just Google.)

_____
Threads can get heated but when they devolve into attacks I always alert the post. Just a tip for our newer members, one of the things that 7 years here taught me.

Via Kindle, like a true Amazon junkie

 

[screecher]

Imo when posters are accused of "hatred" of a little boy, the bloviating is out of control. It is absolutely disgusting to accuse anyone of "hatred" towards Max. Spinning a story is one thing, accusing people of hatred of an innocent 6 year old boy is just plain tasteless, disgraceful and shameless. SMH!

Yah. No one in these threads have ever expressed a "hatred" towards Max. Ever. Nothing even close. Quite the opposite.

On top of bloviating, personalizing.

 

[LuckyLucy2]

Imo when posters are accused of "hatred" of a little boy, the bloviating is out of control. It is absolutely disgusting to accuse anyone of "hatred" towards Max. Spinning a story is one thing, accusing people of hatred of an innocent 6 year old boy is just plain tasteless, disgraceful and shameless. SMH!

The very same can be said about the posters that accuse other posters of 'hating' Rebecca Zahau simply because they believe she knew more about Max' accident than she let on and then took her own life less that 40 hours later rather than answer questions. IMO

 

[LuckyLucy2]

All you have to do is read the comments that try to use a little 6-year old boy to torment his mother, Dina Shacknai. There are many. Some talk about how they imagine he was going to be taken away from Dina (such a lie), or how he is now in Heaven with Rebecca Zahau. If that isn't hate towards a child, I don't know what is.

Yes, these threads get very nasty sometimes about Max and his Mother.

JMO