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

[screecher]

Seriously? You have repeatedly stated that you believe Max died due to Rebecca's negligence. I'm pretty sure there is no bigger motive for murder than thinking someone is responsible for the death of your only son.

BBM

Absolutely motive. But imo, not the only one. And it all began before JS entered Rebecca's realm.

Remember, JS's marriage to dina was very contentious and only escalated as time went on. She was insanely furious JS didn't want/love her anymore. How dare he???? Who the hell did he think he was, not wanting/not loving her???? What was it she said to him? "YOU CAN'T LEAVE ME!!!" She was rejected, abandoned, thrown away, if you will. Never to have that family she felt she 'deserved'. And it just wasn't "fair" to dina. IMO, that's when the rage set in. No way in hell was JS ever gonna be free of her. No way would she ever let that happen. EVER. She would make it her life's mission to torment him because he didn't want nor love her.

Her rage owns her.

Enter sweet, intelligent, young and beautiful Rebecca. New love of JS's world and surrogate mother of Max. By all accounts, JS and Max adored Rebecca. They were a family, doing what loving families do. IMO, dina became obsessive with Rebecca, doing back-ground checks on her, insisting Rebecca not go to Max's school functions, insisting she stay away from his soccer matches and God only knows what else. These unreasonable, emotional, destructive behaviors dina demonstrated, certainly were not conducive to the healthy "blended family" dina went on and on about. The reason being...dina's psyche wouldn't allow her ex, her child and Rebecca to have that loving, healthy "blended family". Because it just wasn't "fair". To dina.

Her rage owns her.

Then the unimaginable happens. Max (the only person who loved her unconditionally and without judgment) has a fatal accident. She blames Rebecca and Jonah. In her overwhelming rage, she wants and plans a murderous revenge. Rebecca because she's Rebecca. Jonah because he loves Rebecca. All rational thinking, and impulse control is lost in her blinding rage. Rebecca is murdered, Jonah is experiencing devastation upon devastation. IMO, dina has two motives. Max's tragic and fatal accident, and an unrelenting, compulsive need to make Jonah pay for the injustices she perceives he laid on her. Because it just wasn't "fair".

Her rage owns her.

Just as Jonah was doomed the nano-second he laid eyes on dina, Rebecca was doomed the nano-second Jonah laid eyes on her. UGH.

Two motives.

Just my opinion, of course.

 

[kittychi]

Agreed!

 

[Inparadise]

BBM

Absolutely motive. But imo, not the only one. And it all began before JS entered Rebecca's realm.

Remember, JS's marriage to dina was very contentious and only escalated as time went on. She was insanely furious JS didn't want/love her anymore. How dare he???? Who the hell did he think he was, not wanting/not loving her???? What was it she said to him? "YOU CAN'T LEAVE ME!!!" She was rejected, abandoned, thrown away, if you will. Never to have that family she felt she 'deserved'. And it just wasn't "fair" to dina. IMO, that's when the rage set in. No way in hell was JS ever gonna be free of her. No way would she ever let that happen. EVER. She would make it her life's mission to torment him because he didn't want nor love her.

Her rage owns her.

Enter sweet, intelligent, young and beautiful Rebecca. New love of JS's world and surrogate mother of Max. By all accounts, JS and Max adored Rebecca. They were a family, doing what loving families do. IMO, dina became obsessive with Rebecca, doing back-ground checks on her, insisting Rebecca not go to Max's school functions, insisting she stay away from his soccer matches and God only knows what else. These unreasonable, emotional, destructive behaviors dina demonstrated, certainly were not conducive to the healthy "blended family" dina went on and on about. The reason being...dina's psyche wouldn't allow her ex, her child and Rebecca to have that loving, healthy "blended family". Because it just wasn't "fair". To dina.

Her rage owns her.

Then the unimaginable happens. Max (the only person who loved her unconditionally and without judgment) has a fatal accident. She blames Rebecca and Jonah. In her overwhelming rage, she wants and plans a murderous revenge. Rebecca because she's Rebecca. Jonah because he loves Rebecca. All rational thinking, and impulse control is lost in her blinding rage. Rebecca is murdered, Jonah is experiencing devastation upon devastation. IMO, dina has two motives. Max's tragic and fatal accident, and an unrelenting, compulsive need to make Jonah pay for the injustices she perceives he laid on her. Because it just wasn't "fair".

Her rage owns her.

Just as Jonah was doomed the nano-second he laid eyes on dina, Rebecca was doomed the nano-second Jonah laid eyes on her. UGH.

Two motives.

Just my opinion, of course.

IMO, Dina was not happy being displaced as "Mrs. Jonah Shacknai"........she had (and still does) a sense of entitlement.............how dare anyone take that away from her.

 

[*Lash*]

An attorney is now listed as representing Dina in Maxie's WDS.

Dina Marie Marie Shacknai - Plaintiff - Female - Franklyn Jeans

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

 

[Carioca]

hmm...wonder who is asking for the Ex Parte. Guess we learn on Wednesday. Thanks *Lash*.

IANAL, but I suspect the Ex Parte is for Jonah as per ROA #208 minutes heard on 07/09/15. (Apologies if this has already been uploaded. WS is running so slowly for me it's painstaking to review this thread. Arg... Thanks, Lash for ROA #210 )

209
07/08/2015
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)

208
07/09/2015
Minutes finalized for Ex Parte heard 07/09/2015 08:45:00 AM.

Overview of Minutes:

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. [Would anyone, AZlawyer maybe?, care to pipe in and explain what this means? Thanks!]

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 ex parte application is granted.

The Court informs Attorney Mathews [attorney for Dina] 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.

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 [attorney for Dina] 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.

BBM

View attachment ROA-208_07-09-15_Minute_Order_1437217175151.pdf

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

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

 

[AZlawyer]

IANAL, but I suspect the Ex Parte is for Jonah as per ROA #208 minutes heard on 07/09/15. (Apologies if this has already been uploaded. WS is running so slowly for me it's painstaking to review this thread. Arg... Thanks, Lash for ROA #210 )

209
07/08/2015
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)

208
07/09/2015
Minutes finalized for Ex Parte heard 07/09/2015 08:45:00 AM.

Overview of Minutes:

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. [Would anyone, AZlawyer maybe?, care to pipe in and explain what this means? Thanks!]

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 ex parte application is granted.

The Court informs Attorney Mathews [attorney for Dina] 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.

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 [attorney for Dina] 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.

BBM

View attachment 78495

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

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

The part you tagged in red means that Dina had asked the court to order Jonah to produce something (or to order a third party to produce something that affected Jonah). A hearing was set. In the meantime, Jonah filed a motion to modify what he (or the third party) was asked to produce. There was not going to be enough time for the parties to fully brief Jonah's motion before the hearing if the normal briefing schedule was followed, so Jonah asked the court to either (1) move the hearing to a later date or (2) speed up the briefing schedule. The court moved the hearing to a later date and told Dina's attorney that the motion to compel might be denied if Dina didn't have more to go on than whatever was in the motion.

 

[LuckyLucy2]

Seriously? You have repeatedly stated that you believe Max died due to Rebecca's negligence. I'm pretty sure there is no bigger motive for murder than thinking someone is responsible for the death of your only son.

And I am pretty sure that there is no bigger motive for suicde than having your boyfriend's (the one you desparately want to marry) son be fatally injured under your care. And this motive is backed up by EVIDENCE and was proven by the SDSO (no, not just a 'theory'), unlike yours.

JMO

 

[*Lash*]

The part you tagged in red means that Dina had asked the court to order Jonah to produce something (or to order a third party to produce something that affected Jonah). A hearing was set. In the meantime, Jonah filed a motion to modify what he (or the third party) was asked to produce. There was not going to be enough time for the parties to fully brief Jonah's motion before the hearing if the normal briefing schedule was followed, so Jonah asked the court to either (1) move the hearing to a later date or (2) speed up the briefing schedule. The court moved the hearing to a later date and told Dina's attorney that the motion to compel might be denied if Dina didn't have more to go on than whatever was in the motion.

Thanks AZlawyer

Dina recently subpoenaed and compelled SDSO to make available all the evidence. SDSO is agreeing to produce the evidence and not fight the motion. I'm wondering if SDSO could be the third party? SDSO has Jonah's phone records. As well as computers and cameras taken from the Spreckels property as evidence in the investigation. Could this be what is affecting Jonah? Maybe he is contesting his personal property and info being open and divulged to Dina? TIA

 

[LuckyLucy2]

On January 27, 2012, there was a three hour meeting between members of the Sheriff's homicide unit and crime lab, as well as members of the County Medical Examiners and the Coronado Police Department and then Zahau attorneys, Martin Rudoy and David Fleck...

BBM

Page 270 - On Feb. 21, 2012, Sheriff Bill Gore's special assistant and chief attorney, Robert Faigin, sent a letter to one of the Zahau family attorneys, Martin Rudoy.

"At the beginning of the meeting, you and your partner, Mr. Fleck, were advised that the investigation into Rebecca Zahau's death was closed, and that the manner of death was listed as a suicide...The purpose of the meeting was to provide you and your partner an opportunity to provide all evidence that you had. The meeting lasted three hours, with all but a few minutes of the time being utilized by you and your PowerPoint presentation."

Faigin criticized that presentation because he considered it to consist of numerous theories on things that "could" or "might" have happened, but felt there was no actual evidence.

Page 271. "[Your] theories included a "confidential informant" who befriended Adam Shacknai after the incident in question...who allegedly told your investigation in an unrecorded statement that Adam Shacknai confessed to her that he was returning home when he discovered Ms. Zahau's body, as opposed to finding her after he woke up. Without even going into the evidentiary value of the unrecorded, hearsay statement, it does not impact the conclusions in the case. If in fact true, it would exonerate Mr. Shacknai, as he would not have been home at the time of Ms. Zahau's death.

Based on the above, nothing has been brought to light that necessitates reopening the investigation into the suicide of Rebecca Zahau

."

Excerpt from Ann Rule's Fatal Friends, Deadly Neighbors
Ann Rule's Crime Files Volume 18


Maybe Adam should get this "confidential informant" to testify on his behalf in the WDS?

:laughing:

Now, just like then, the Zahaus have NO EVIDENCE and are grasping at straws to try and make a big payout off of their dead sister. Shameful, IMO.

JMO

 

[screecher]

The part you tagged in red means that Dina had asked the court to order Jonah to produce something (or to order a third party to produce something that affected Jonah). A hearing was set. In the meantime, Jonah filed a motion to modify what he (or the third party) was asked to produce. There was not going to be enough time for the parties to fully brief Jonah's motion before the hearing if the normal briefing schedule was followed, so Jonah asked the court to either (1) move the hearing to a later date or (2) speed up the briefing schedule. The court moved the hearing to a later date and told Dina's attorney that the motion to compel might be denied if Dina didn't have more to go on than whatever was in the motion.

Thanks AZlawyer

Dina recently subpoenaed and compelled SDSO to make available all the evidence. SDSO is agreeing to produce the evidence and not fight the motion. I'm wondering if SDSO could be the third party? SDSO has Jonah's phone records. As well as computers and cameras taken from the Spreckels property as evidence in the investigation. Could this be what is affecting Jonah? Maybe he is contesting his personal property and info being open and divulged to Dina? TIA

Reads like dina is wanting to dig in the dirt hoping to find something, anything to aid her WDS against JS.

 

[LuckyLucy2]

Reads like dina is wanting to dig in the dirt hoping to find something, anything to aid her WDS against JS.

Reads to me like Jonah does not want Dina to know how involved Rebecca was in Max's death.

If Rebecca had only given him CPR, like she said she did, instead of staging the scene, he would have lived.

Maybe that is why she felt so guilty that she took her own life while nude - that means feelings of guilt, according to those that study sucide. And Dr. Phil.

JMO

 

[AZlawyer]

Thanks AZlawyer

Dina recently subpoenaed and compelled SDSO to make available all the evidence. SDSO is agreeing to produce the evidence and not fight the motion. I'm wondering if SDSO could be the third party? SDSO has Jonah's phone records. As well as computers and cameras taken from the Spreckels property as evidence in the investigation. Could this be what is affecting Jonah? Maybe he is contesting his personal property and info being open and divulged to Dina? TIA

Jonah's motion was related to Dina's Motion to Compel. As far as I know, her only Motion to Compel was re: the SDSO, so it seems that Jonah is seeking to limit what the SDSO turns over to Dina. I haven't looked at the list of what Dina wants from the SDSO. But just as an example, if she were seeking a copy of Jonah's computer hard drive I would expect him to object as it might contain, e.g., passwords, banking information, and other personal/private information not related to the case.

 

[LuckyLucy2]

Hello AZLawyer! Thanks for your expertise here. This is what Dina is asking for, and the SDSO said they would give it to her but needed the supeona.

 

[AZlawyer]

Hello AZLawyer! Thanks for your expertise here. This is what Dina is asking for, and the SDSO said they would give it to her but needed the supeona.

View attachment 78518

View attachment 78519

View attachment 78522

View attachment 78523

Thanks. That's pretty comprehensive. Without seeing Jonah's motion, I can't know what he's asking to modify, but I could imagine that the SDSO might have picked up something as potential evidence (e.g., computer history, phone records, etc.) that Jonah thinks is none of Dina's business and irrelevant to the case. Jonah's motion isn't available for purchase on the court website, so we'll have to wait and see.

 

[justice be served]

Thanks. That's pretty comprehensive. Without seeing Jonah's motion, I can't know what he's asking to modify, but I could imagine that the SDSO might have picked up something as potential evidence (e.g., computer history, phone records, etc.) that Jonah thinks is none of Dina's business and irrelevant to the case. Jonah's motion isn't available for purchase on the court website, so we'll have to wait and see.

Thanks AZ Lawyer. So I believe every other motion has been available to purchase IIRC. How is it that Jonah's motion isn't available if you know? Did he manage to get the court to seal it? If so, on what grounds can he seal his motions, versus the other parties? And, if so, I guess the question would be - why?

 

[LuckyLucy2]

^^^ I know I'm not AZLawyer, but I am guessing the motion is not available, because the hearing for Jonah's motion isn't until tomorrow.

210 07/17/2015 Ex Parte scheduled for 07/22/2015 at 08:45:00 AM at Central in C-69 Katherine Bacal.

 

[justice be served]

^^^ I know I'm not AZLawyer, but I am guessing the motion is not available, because the hearing for Jonah's motion isn't until tomorrow.

210 07/17/2015 Ex Parte scheduled for 07/22/2015 at 08:45:00 AM at Central in C-69 Katherine Bacal.

I get that, but #209 indicates "Ex Parte Application - Other and Supporting Documents (Ex Parte Application of Nonparty Jonah Shacknai for Order Continuing Hearing) filed by Shacknai, Jonah." BBM: Where are the supporting documents and why can't they be viewed?

And also #211 (filed today and also not available) indicates also "Ex Parte Application - Other and Supporting Documents (for order setting hearing on Motion to Quash or Modify Subpoena and or Protective Order) filed by Shacknai, Jonah. Also BBM: Again, where are the supporting documents and why can't they be viewed?

Seems strange as, I believe, all other documents can be viewed except for these. This doesn't breed confidence in the proceedings. But, yes, I'll wait for the hearing.

And I'll have to support Dina on this one. Jonah obviously doesn't want to be transparent for some reason by denying the request and I've got several guesses why.

 

[*Lash*]

Thanks AZ Lawyer. So I believe every other motion has been available to purchase IIRC. How is it that Jonah's motion isn't available if you know? Did he manage to get the court to seal it? If so, on what grounds can he seal his motions, versus the other parties? And, if so, I guess the question would be - why?

Hi JBS :wave:

From a previous question I had for AZlawyer, to seal something a motion to seal would need to be filed and would be recorded on the state record. I think Jonah's motion(s) will soon be available for purchase. Unless he files a motion to seal at today's Ex Parte. Just my two cents.

 

[DeDee]

Most respectfully snipped by me

.

Enter sweet, intelligent, young and beautiful Rebecca. New love of JS's world and surrogate mother of Max. By all accounts, JS and Max adored Rebecca. They were a family, doing what loving families do.

Just my opinion, of course.

Incorrect. An intelligent woman does not shoplift thousands of dollars worth of items. Instead she needed intervention.

Incorrect. A sweet woman would not allow her lover's young child, a son, to become fatally harmed while in her care while at her lover's mansion.

Correct. She was young when compared to Jonah's age.

Beauty is in the eye of the beholder.

 

[LuckyLucy2]

Most respectfully snipped by me



Incorrect. An intelligent woman does not shoplift thousands of dollars worth of items. Instead she needed intervention.

Incorrect. A sweet woman would not allow her lover's young child, a son, to become fatally harmed while in her care while at her lover's mansion.

Correct. She was young when compared to Jonah's age.

Beauty is in the eye of the beholder.

Thank you for posting that photo, DeDee. IMO, that is the face of the woman who wanted to tramatize the Shacknai family even further by taking her life in such a dramatic fashion while little Max lay in the ICU.