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

[Waitaminute]

Perhaps there are more 'insiders' than we realized!

 

[K_Z]

I agree, Waitaminute.

I've actually heard that some websites maintain and archive very detailed information for quite some time, sometimes even after a website is no longer active. Sometimes even things like ISP's of customers or regular users, etc. Often those who have registered domain names, can be traced with valid legal authority, or subpoenas, etc.

And to be quite frank, federal authorities can find anyone hiding behind a screen name, when they have a valid reason to do so. Even when people try to hide their tracks with sophisticated proxy networks, the Feds can find the ones they're looking for. That's how they bust big online child *advertiser censored* rings, and other criminal activity. Small time crooks aren't usually sophisticated enough to know how to cover their online tracks very well, so can be very easy to find.

And, when you get into really detailed stuff like what authorities can recover from things like cell phone activity, it gets even more interesting. The whole business about cell phone triangulation, for example, and all the info they can recover, even months later, is fascinating. Especially when they compare patterns of usage, patterns of travel, etc. Sometimes it could be even possible to do a reverse experiment, and see which towers a cell phone with a certain service provider, pings in a specific location. That's exciting technology, IMO. Pretty amazing, for example, how much detail was able to be recovered about cell usage and travel patterns in the Casey Anthony case.

But I digress......

 

[kittychi]

with that being said, I suppose that subpoenas for any websites created to 'discuss the Max Shacknai and Rebecca Zahau cases" will be fair game? and perhaps they will see a few posts where it appeared someone there knew what type of soda was found at the crime scene before it was made public knowledge? if it even has ever been made public knowledge...

BBM: Absolutely, Waitaminute! I do hope the "left handed kitten" blog site will be examined thoroughly by the Zahaus' attorneys, and the owners subpoenaed.

 

[kittychi]

I think those posters who have recently been extraordinarily silent are afraid that subpoenas for their blog posts will be made and their "warped logic and justifications" that Rebecca deserved to get murdered and their deep, intense hatred and jealousy of Rebecca will be brought to light in court -- especially since Dina the major defendant in the Zahaus' WDS has used her lawyer to ask the Zahaus for Rebecca's siblings/family/relatives for their Facebook and social media posts.

Hey what goes around comes around. Dina deserves what she gets.

BBM: Deafening, isn't it Bourne!

 

[*Lash*]

Quite some time ago a whole thread was dedicated to this topic. KZ provided quite a bit of info on social media and subpoenas. Nice refresher.

Social Media Impact On Civil and Criminal Cases -

Snip- Increasingly, comments posted on social media sites are having an impact on civil and criminal cases. Some criminals have even confessed to their crimes on sites such as Facebook.These sites include both public and “private” sites, such as Facebook, Twitter, Instagram, blogs, and the public comment section on mainstream media articles. This thread is to explore and discuss the impact that social media has on civil and criminal cases, including the Estate of Rebecca Zahau v Shacknai et al.

http://www.websleuths.com/forums/sh...cial-media-impact-on-civil-and-criminal-cases

 

[K_Z]

Just a note about the thread Lash linked in the above post. That thread was moved to a members only area of WS. It's in The Jury Room. Non members, or members not signed in will not be able to read via link.

 

[justice be served]

Adam Shacknai has filed a “Motion for Judgment on the Pleadings” in preparation of the May 1 scheduled hearing in San Diego Superior Court. It was filed 4.13.15. His high priced attorneys have done well citing the law going back to 1927 and cases including Major League Baseball, Applied Equipment, Logging Claims, US Rubber and Countrywide Loans. Not sure if any of these citations were applicable to wrongful death suits. Seems the procedures of law are the defense here.

The upshot is that Adam’s counsel holds that all causes (except conversion having to do with Rebecca’s property) are barred by the statute of limitations and that judgment should be made in Adam’s favor as a matter of law. So nothing new there – that’s why the Zahaus filed in Superior Court too and are asking for a stay in federal court until this one is resolved.

Basically they are hanging their hat on the lack of diversity of the federal court filing and that “Plaintiffs’ counsel knew or should have known [the diversity issue] when they filed the lawsuit, or in any event by mid-October when the Defendants specifically and repeatedly raised the issue in their briefs”. Gosh, then let’s discipline the Zahau lawyers instead!

Little is written on the actual allegations of the Zahau amended complaint almost as if it is an aside – because the statute of limitations isn’t met – remember?

On the issue of conversion (the clothing and other property), “there is no allegation that if [the clothing] had (or continues to have) any value”. Well I guess the value of proving a murder with the missing clothing isn’t within the realm of value in their minds. To state as a defense that the value is only monetary is an offense in a wrongful death suit. This is a real slap in the face of justice IMO.

The rest of the defense is again that the chronology of the Zahau complaint doesn’t work for Adam to be a conspirator because the threats made by Dina and Nina happened before Adam supposedly became a conspirator. Also, that ‘Plaintiff cannot adequately plead a complaint absent discovery’. Well no kidding – that’s why depositions are being done now.

I am obviously not an attorney, but that is what my layman version is of this which I’m certain is more than lacking. I’m trying to attach the PDF but it’s not working for me. I’ll try to in a minute.

 

[justice be served]

https://roa.sdcourt.ca.gov/roa/face...r_Judgment_on_the_Pleadings_1429542940374.pdf

Adam Shacknai Motion for Judgment on the Pleadings filed 4.13.15. This worked for me so hopefully it is good.

 

[screecher]

wow ! Thank you, justice !

 

[time]

https://roa.sdcourt.ca.gov/roa/face...r_Judgment_on_the_Pleadings_1429542940374.pdf

Adam Shacknai Motion for Judgment on the Pleadings filed 4.13.15. This worked for me so hopefully it is good.

Can someone explain what the heck the 'clothing' claims are in here? Is this about missing clothing.

 

[IQuestion]

Can someone explain what the heck the 'clothing' claims are in here? Is this about missing clothing.

Hey Time:thinking: I'm thinking the missing clothing is very, very important. WHAT IF THE CLOTHING HAD ADAM'S DNA ALL OVER IT?....in whatever "form" the Romeo-Tugboat- Captain-of-the-unsalted-water-ways left on Rebecca's clothing. THAT WOULD BE A MAJOR (almost explosive) SCENARIO, wouldn't it? If Adam did indeed find Rebecca naked and hanging from the balcony, it would be pretty darned difficult to explain what Adam's DNA was doing on Rebecca's clothing, huh? Oh well, I am just asking out loud....and that is the only reason I can see for the "clothes" to be an issue for these costly attorneys to cite.
BTW....Big thanks to JUSTICEBESERVED for supplying current info and actually having the computer skills to attach it!
It also seems as the "split" between the east(A) and the west (D&N) has finally occurred???

 

[LuckyLucy2]

This sentence in the document says it all:

Rebecca Zahau’s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs’ counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her.

There was no missing clothing at the scene. Just another made up lie by the Zahaus. Her clothes were folded and on the bed.

 

[justice be served]

This sentence in the document says it all:

Rebecca Zahau’s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs’ counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her.

There was no missing clothing at the scene. Just another made up lie by the Zahaus. Her clothes were folded and on the bed.

"The document" is simply Adam's feeble response to the Zahau complaint and nothing more. It is absolutely rife with legalese and its primary if not only defense is that it was filed too late. Nothing more. To which I would say, "is that all you've got?" HAHAHA

 

[justice be served]

The Zahau family attorney, Keith Greer, filed on 4.16.15 in the Superior Court action a Case Management Statement for a conference to take place on 5.1.15. It indicates that Mr. Greer will participate telephonically and states:

“Plaintiffs allege that on or around the morning of July 13, 2011, Defendants, and each of them, conspired to plan, and did in fact, murder Rebecca Zahau in Coronado, California. Rebecca Zahau was found dead, naked, bound and gagged, with a rope noose around her neck. Each of the Defendants actively participated in the planning, implementation, execution and subsequent concealment of the scheme to murder Rebecca Zahau.”

“I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required.”

Also “The party or parties expect to file the following motions before trial: Motion for Summary Judgment: 10/9/15; Discovery Hearing re: Select Depositions – 11/6/15.”

“The following discovery will be completed by the date specified: Plaintiffs – Deposition of Parties – July 2015; Plaintiffs – Third Party Depositions – September 2015; and Plaintiffs – Expert Depositions – December 2015.”

It states dates that the parties will not be available for trial on certain dates indicated and that it expects the days at trial to be between 12-15 days.

37-2013-00075418-CU-PO-CTL_ROA-127_04-16-15_Case_Management_Statement_1429541981780.pdf

I don't see the Zahau attorneys backing off anything. Looks to me like they intend to push for justice.

Definition of justice: .
"Just behavior or treatment.
A concern for justice, peace, and genuine respect for people.
Synonyms: fairness, justness, fair play, fair-mindedness, equity, evenhandedness, impartiality, objectivity, neutrality, disinterestedness, honesty, righteousness, morals, morality."

In other words, to pursue an investigation into Rebecca's death with impartiality and objectivity. Something that LE did not achieve.

 

[LuckyLucy2]

Right, justice....that's why the Zahau's lawyer has checked the box indicating they are willing to settle. All about money. Has been from the beginning. Money, money, money.

That is all this ever was and the Zahaus should be prosecuted for trying to extort money from innocent people, IMO.

 

[time]

Hey Time:thinking: I'm thinking the missing clothing is very, very important. WHAT IF THE CLOTHING HAD ADAM'S DNA ALL OVER IT?....in whatever "form" the Romeo-Tugboat- Captain-of-the-unsalted-water-ways left on Rebecca's clothing. THAT WOULD BE A MAJOR (almost explosive) SCENARIO, wouldn't it? If Adam did indeed find Rebecca naked and hanging from the balcony, it would be pretty darned difficult to explain what Adam's DNA was doing on Rebecca's clothing, huh? Oh well, I am just asking out loud....and that is the only reason I can see for the "clothes" to be an issue for these costly attorneys to cite.
BTW....Big thanks to JUSTICEBESERVED for supplying current info and actually having the computer skills to attach it!
It also seems as the "split" between the east(A) and the west (D&N) has finally occurred???

Yeah, I think it is important also. Why is Rebecca's clothing (what she was wearing that day, right?) missing at all? That's pretty much impossible in a suicide scenario, huh!!

 

[justice be served]

Dina Shacknai attorneys, Schumann Rosenberg, filed today on 4.20.15 in the Superior Court action a Case Management Statement for the same case management conference to take place on 5.1.15 at 1:30 pm. It is confusing whether or not Bradley Mathews, her attorney, will be present by telephone or in person because the Notice of Intent to Appear by Telephone lists his name but they didn’t check the intended box. It appears it is by telephone because that is the intent of the question. Seems like the typical sloppy work by Dina's attorneys.

“The lawsuit arose out of the death of Rebecca Zahau, which was ruled a suicide.”

“The party or parties expect to file the following motions before trial: Defendant, Dina Shacknai may file a motion to stay; motions for bond; motion for judgment on the pleading; motion for summary judgment; motion for summary adjudication; motions in limine; and any necessary discovery motions before trial.

“The following discovery will be completed by the date specified: Defendant, Dina Shacknai – Form and Special Interrogatories, Requests for Admissions, Demand for Production of Documents, Depositions and numerous third-party subpoenas, etc. – 2-3 years. (Note the Zahaus will be ready as early as December 2015 – so who’s really wanting a jury trial? The Zahaus.)

It states dates that the parties will not be available for trial and that it expects the days at trial to be 20 days. It indicates that Chubb & Sons Insurance filed the case management statement. It states they have not agreed to any Alternative Dispute Resolution participation. I would imagine that will come later as the case continues to unfold and not in their favor.

If you look at the conflicts from the Zahaus attorney trial calendar against Dina’s attorney trial calendar, the first 20 day slot is 2.2.16 through 2.25.16 and that’s without looking at Nina’s or Adam’s attorney calendars. But then, of course, Dina states she won’t be ready for trial for another 2-3 years. Ya, betcha you won’t be ready ever. Maybe in the meantime SDSO will reopen the investigation so it will be a moot point.

https://roa.sdcourt.ca.gov/roa/face...5_Case_Management_Statement_1429565778905.pdf

 

[bourne]

"The document" is simply Adam's feeble response to the Zahau complaint and nothing more. It is absolutely rife with legalese and its primary if not only defense is that it was filed too late. Nothing more. To which I would say, "is that all you've got?" HAHAHA

Good deciphering of the legalese!

I skimmed it and agree. All it says is that the filing of docs were past statute of limitations (SOL) and presumably there was no "tolling" in other federal WDS case, which to me, is most evidently bogus. It that were the case, wouldn't BOTH the state and federal WDS cases have been dismissed by now? The fact that the federal case is proceeding indicates the Judge was de facto "Tolling" the federal suit and that he allowed the WDS case to go forward...

I otherwise do not see any legitimate reason why the Judge didn't already dismiss the federal case because why waste money, effort, time, resources on a case that allegedly violated SOL?

 

[bourne]

"The document" is simply Adam's feeble response to the Zahau complaint and nothing more. It is absolutely rife with legalese and its primary if not only defense is that it was filed too late. Nothing more. To which I would say, "is that all you've got?" HAHAHA

Good deciphering of the legalese!

I skimmed it and agree. All it says is that the filing of docs were past statute of limitations (SOL) and presumably there was no "tolling" in other federal WDS case, which to me, is most evidently bogus. It that were the case, wouldn't BOTH the state and federal WDS cases have been dismissed by now? The fact that the federal case is proceeding indicates the Judge was de facto "Tolling" the federal suit and that he allowed the WDS case to go forward...

I otherwise do not see any legitimate reason why the Judge didn't already dismiss the federal case because why waste money, effort, time, resources on a case that allegedly violated SOL?

Furthermore, the Zahau lawyers, I believe could still argue "IN THE INTEREST OF JUSTICE" particularly in cases of MURDER wherein the decedent was KILLED VICIOUSLY and the ruling by police/ME was WRONG, the Zahaus have an INHERENT HUMAN/CIVIL RIGHT to pursue the case in court against the parties who committed the wrong. I would think that is what courts were designed to do -- correct the wrong that parties outside of the legal system were unable to address appropriately and fairly. Isn't that the original "design" and "nature" of a legal system? To speak for those who cannot speak for themselves, particularly those such as Rebecca who was VICIOUSLY, SADISTICALLY TORTURED AND MURDERED and FOREVER SILENT by MURDERERS who are still running free and remorselessly in society and who likely will commit another crime and/or who are able to take the lives of other innocent parties without compunction? Who wants murderers roaming in their communities, free to strike out at anybody, child, male, female, adult, senior citizen?

 

[justice be served]

Good deciphering of the legalese!

I skimmed it and agree. All it says is that the filing of docs were past statute of limitations (SOL) and presumably there was no "tolling" in other federal WDS case, which to me, is most evidently bogus. It that were the case, wouldn't BOTH the state and federal WDS cases have been dismissed by now? The fact that the federal case is proceeding indicates the Judge was de facto "Tolling" the federal suit and that he allowed the WDS case to go forward...

I otherwise do not see any legitimate reason why the Judge didn't already dismiss the federal case because why waste money, effort, time, resources on a case that allegedly violated SOL?

With my extremely limited knowledge of the law, I just can't imagine there will be any dismissals of this case at this point in time (or on May 1). Nor do I think there will be any settlements. Since discovery is in full swing to the extent it can be, it makes sense to allow it to go forth at least for now. And, isn't that the purpose for the Zahaus? To find out what is asserted by the defendants (unless they simply perjure themselves which is a strong possibility)?

I really hope that they depose Detective Angela Tsuida, former DA Pfingst, and the lovely Sheriff Gore. Maybe even his spokesperson, Jan whatshername - she's a beauty.