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

[LuckyLucy2]

I agree with MyBelle. The car is not mentioned in the Zahaus' Wrongful Death case. In their accusations, all of the activity takes place in the courtyard and bedroom with balcony. There is no mention of a car. The Zahaus don't need to prove who drove what car when and where. They need some evidence that any of the three defendents were in the courtyard or bedroom. Fingerprints? DNA? Hair? Something? But they have none of that because their scenerio is all imagined. Sadly, their sister committed suicide which all of the physical evidence proved.

JMO

 

[kittychi]

I would be interested in seeing the tapes from the Rady parking garage to see if Dina's car left and/or returned during the wee small hours when she was presumably alone at Max's bedside. If it never left the garage, that would comport with her version of the night in question. I presume that since the Zahau attorneys have had access to the Rady tapes they could have that information.

Yes. If they had any information from any tapes, IMO it would help them decide whether to go forward with the lawsuit or drop it. They're going forward. Is it because of what is on the tapes? Maybe.

 

[LuckyLucy2]

The Zahaus are dropping the Federal case, will they do the same with the State case?

 

[Betty P]

The Zahaus are dropping the Federal case, will they do the same with the State case?

No, that doesn't seem likely. If you look at the most recent filings for the state case, it seems to be moving forward with a calendar for depostions that stretches into the end of this year and the beginning of next year.

It appears from their timeline, the principal defendants will be deposed sometime this summer or early fall, with others to follow.

 

[LuckyLucy2]

But there is also a Summary Judgement scheduled for Oct., and two Demurrers scheduled for Feb. I do not think the case will move forward. If the Zahaus' don't come to their senses and drop it, I believe the Judge will throw the case out.

JMO

 

[screecher]

Yeah, Betty, the case is definitely moving forward. The Zahaus are definitely wanting the state case to move forward. They are seeking information about Rebecca's murder. The judge most certainly will move this case forward with depositions.

 

[screecher]

The judge is not going to throw out the case when he still has yet to hear all the evidence. That's a given. Some may hope for that, imo, its akin to grasping at straws lol

 

[*Lash*]

ETA - Just posted today, Summary Judgment hearing for Oct. has been vacated.

•State Entry 205
7/09/2015
Summary Judgment/Summary Adjudication (Civil) set for 10/09/2015 at 1:30PM vacated.

Case Number: 37-2013-00075418-CU-PO-CTL

https://roa.sdcourt.ca.gov/roa/

•There was an Ex Parte scheduled for today at 8:45AM. It was posted on the state ROA just yesterday. Minutes were finalized today, not yet available for purchase.

A motion for Summary Judgment has yet to be filed by any of the parties. Unless one of the parties files a motion before October, one can assume the Summary Judgment hearing will be vacated (ETA vacated today).

 

[screecher]

Thanks *Lash*!

 

[LuckyLucy2]

The Summary Judgement was moved, and the scheduled Motion Hearing to Compel Discovery (to force Mary Zahau to answer Dina Shacknai's Special Interrogatories Set One filed by on 4\24\15) for 7\17 was moved to 10\9.

New Summary Judgement and Demurrer dates

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication

03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike

 

[LuckyLucy2]

Yeah, Betty, the case is definitely moving forward. The Zahaus are definitely wanting the state case to move forward. They are seeking information about Rebecca's murder. The judge most certainly will move this case forward with depositions.

You state Rebecca was murdered, as if it were a fact. Rebecca Zahau's death was ruled to be a suicide after an exhaustive seven-week long investigation. The Zahaus are simply trying to make some money off of two grieving families, IMO.


For see the physical evidence that proved Zahau took her own life, see:

http://sdsheriff.net/coronado/

 

[bourne]

You state Rebecca was murdered, as if it were a fact. Rebecca Zahau's death was ruled to be a suicide after an exhaustive seven-week long investigation. The Zahaus are simply trying to make some money off of two grieving families, IMO.


For see the physical evidence that proved Zahau took her own life, see:

http://sdsheriff.net/coronado/

Hmm, you assert that Zahau took her own life as if it were fact. Then you also assert there's physical evidence and you point to a link that shows definitively to me that Zahau was MURDERED.

I see NO fingerprints or DNA on the balcony OR railing from which Zahau was presumably jumping over -- all while Zahau's hands and feet were bind, gag and t-shirt around her neck and mouth, AND a noose around her neck. PLUS the fact that she was nude while doing all this and leaving NO DNA prints? Hmm, really? AND THE CRAZY BIZAARE 3-rd person message on the door "SHE SAVED HIM CAN YOU SAVE HER"? A balcony that is more than 3 feet wide from balcony door and railing. But NO Zahau footprints on the dusty balcony floor OR the railing? Really? Then there's the so-called fact that Zahaus' feet were FULL OF COURTYARD DIRT while Sheriff Gore stated they believed she "showered" right before the final act. So WHY WERE THE BOTTOMS AND TOENAILS AND IN BETWEEN HER TOES SO FULL OF COURTYARD DIRT as if SHE HAD BEEN RUNNING FOR HER LIFE THERE? That PROVES to me Zahau did NOT kill herself. SOMEONE ELSE THREW HER OVER THAT BALCONY. The link and physical evidence shown there PROVES BEYOND A SHADOW OF A DOUBT THAT ZAHAU WAS MURDERED.

 

[*Lash*]

Jonah is now involved in the state suit. IANAL, but it appears the Ex Parte hearing on 7/9/2015 was requested by Jonah.

Christoher Young and Amanda Fitzsimmons, counsel, are present on behalf of Nonparty Jonah Shacknai.

Doc# 208
https://roa.sdcourt.ca.gov/roa/face...A-208_07-09-15_Minute_Order_1436527378340.pdf
__________________________________

DATE: 07/09/2015
TIME: 08:45:00 AM
DEPT: C-69
JUDICIAL OFFICER PRESIDING: Katherine Bacal CLERK: Jay Browder
CASE NO: 37-2013-00075418-CU-PO-CTL
CASE INIT.DATE: 11/13/2013
CASE TITLE: Estate of Rebecca Zahau vs. Shacknai [IMAGED]
CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Other

EVENT TYPE: Ex Parte

APPEARANCES -
Roberto Dominguez Quiroga, specially appearing for counsel Curtis K Greer, present for Plaintiff(s). Kathleen F. McCormick, specially appearing for counsel Mark Vranjes, present for Defendant(s). Bradley R. Mathews (telephonically), specially appearing for counsel KIM SCHUMANN, present for Defendant(s).

Christoher Young and Amanda Fitzsimmons, counsel, are present on behalf of Nonparty Jonah Shacknai.
__________________________________
Now being the time previously set for hearing Nonparty Jonah Shacknai's Ex Parte Application for an Order Continuing Hearing on Defendant Dina Shacknai's Motion to Compel, or in the Alternative to Shorten Time on Jonah Shacknai's Motion to Modify Subpoena and/or for Protective Order, counsel appear as noted above and the hearing commences.

The matter is being reported by previously appointed official reporter pro tempore, Paula Rahn.

The Court notes that it is inclined to grant the ex parte request because there appear to be problems with the service of the subpoena.

The Court hears from counsel.

The ex parte application is granted.

The Court informs Attorney Mathews that the currently scheduled MSJ might be overly optimistic, and, upon inquiry of the Court, Attorney Mathews agrees to vacate Dina Shacknai's Motion for Summary Judgment.

The Summary Judgment / Summary Adjudication (Civil) set for 10/09/2015 at 1:30PM is vacated without prejudice.

Dina Shacknai's Motion to Compel Compliance to Subpoenas as to S.D Sheriff's is continued pursuant to party's ex parte application to 10/09/2015 at 01:30PM before Judge Katherine Bacal.

Civil Case Management Conference is continued pursuant to Court's motion to 02/19/2016 at 01:30PM before Judge Katherine Bacal to trail currently scheduled demurrers on that date.

The Court orders Attorney Mathews to notify other counsel within a week if he is going to be filing supplemental papers for Dina Shacknai's discovery motion now scheduled for 10/9/2015.

The Court notes that if Attorney Mathews does not file supplemental papers his discovery motion might be denied.

 

[bourne]

The Summary Judgement was moved, and the scheduled Motion Hearing to Compel Discovery (to force Mary Zahau to answer Dina Shacknai's Special Interrogatories Set One filed by on 4\24\15) for 7\17 was moved to 10\9.

New Summary Judgement and Demurrer dates

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication

03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike

Why did Dina not accept the Oct 2015 date for the Summary Judgment if she has definitive proof she has an alibi and was not murdering Rebecca as depicted in the WDS? Why WASTE EVERYONE and the COURT'S TIME? I JUST DON'T GET IT. She claims she has so-called PROOF but she doesn't bring it forward and wants to spend excessive MONEY, TIME, EFFORT and LAWYER FEES and COURT COSTS and THE JUDGE'S TIME???? Sorry. Makes zero sense.

 

[MyBelle]

The Summary Judgement was moved, and the scheduled Motion Hearing to Compel Discovery (to force Mary Zahau to answer Dina Shacknai's Special Interrogatories Set One filed by on 4\24\15) for 7\17 was moved to 10\9.

New Summary Judgement and Demurrer dates

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication

03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike

Thanks for the update. It does drag on and on....

 

[LuckyLucy2]

Hmm, you assert that Zahau took her own life as if it were fact. Then you also assert there's physical evidence and you point to a link that shows definitively to me that Zahau was MURDERED.

I see NO fingerprints or DNA on the balcony OR railing from which Zahau was presumably jumping over -- all while Zahau's hands and feet were bind, gag and t-shirt around her neck and mouth, AND a noose around her neck. PLUS the fact that she was nude while doing all this and leaving NO DNA prints? Hmm, really? AND THE CRAZY BIZAARE 3-rd person message on the door "SHE SAVED HIM CAN YOU SAVE HER"? A balcony that is more than 3 feet wide from balcony door and railing. But NO Zahau footprints on the dusty balcony floor OR the railing? Really? Then there's the so-called fact that Zahaus' feet were FULL OF COURTYARD DIRT while Sheriff Gore stated they believed she "showered" right before the final act. So WHY WERE THE BOTTOMS AND TOENAILS AND IN BETWEEN HER TOES SO FULL OF COURTYARD DIRT as if SHE HAD BEEN RUNNING FOR HER LIFE THERE? That PROVES to me Zahau did NOT kill herself. SOMEONE ELSE THREW HER OVER THAT BALCONY. The link and physical evidence shown there PROVES BEYOND A SHADOW OF A DOUBT THAT ZAHAU WAS MURDERED.

Her feet were not "full of courtyard dirt". There are photos, you know, and we can clearly see they are NOT "caked in mud" or overly dirty. They are consistent with the dirt on the balcony. We can even see in the scene photos where her feet picked up the balcony dust and left prints.

You may (incorrectly) believe Rebecca Zahau was murdered, however, her death certificate states her death was a suicide and that is what is in the official records. This case will not change that. This is not a criminal trial. Her death will remain classified as a suicide even after this case is dismissed.

JMO

 

[screecher]

Because it is written on a death certificate, an official record, it makes it true. Hah! I supposed because my dead husband's SS# was written as incorrect on his death cetificate, it makes it true. lol

 

[LuckyLucy2]

What makes it true are the seven weeks of investigation involving 15 detectives that proved Zahau committed suicide. It is too bad that Rebecca's family can't accept that.

It has nothing to do with your husband's social securtiy number.

http://sdsheriff.net/coronado/

 

[*Lash*]

State ROA #209
7/08/2015

Ex Parte Application - Other and Supporting Documents (Ex Parte Application of Nonparty Jonah Shacknai for Order Continuing Hearing) filed by Shacknai, Jonah.

Shacknai, Jonah (Interested Party)

(not available for purchase yet)

I'm curious if Dina subpoenaed Jonah for a deposition or a document? His name was not on the list of completed depositions. IANAL, so I'm unsure what Jonah is asking for, maybe AZlawyer will have a better understanding? Is there a chance Jonah is contesting the sharing of evidence on file with SDSO?

 

[*Lash*]

All Future Events:

09/04/2015 Motion Hearing
10/09/2015 Discovery Hearing - Motion to Compel Discovery
11/06/2015 Discovery Hearing
11/06/2015 Discovery Hearing
11/06/2015 Discovery Hearing
02/19/2016 Demurrer / Motion to Strike
02/19/2016 Civil Case Management Conference - Complaint
02/19/2016 Demurrer / Motion to Strike
02/19/2016 Discovery Hearing
02/26/2016 Discovery Hearing
02/26/2016 Summary Judgment / Summary Adjudication (Civil)
03/11/2016 Demurrer / Motion to Strike

Case Number: 37-2013-00075418-CU-PO-CTL
Date Filed: 11/13/2013

https://roa.sdcourt.ca.gov/roa/