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

[justice be served]

In reference to Jonah’s request for Dina’s medical records in the Maricopa Cty suit, I can’t help but think about the potential for Dina having alcohol-induced blackouts with regard to Rebecca’s death. A person has short-term memory only over an interval of time – and no long term memory of the time period in alcohol-induced blackouts.

http://pubs.niaaa.nih.gov/publications/arh27-2/186-196.htm

From the scholarly paper noted above from the National Institute of Alcohol Abuse and Alcoholism:

“People experiencing en bloc blackouts are unable to recall any details whatsoever from events that occurred while they were intoxicated, despite all efforts by the drinkers or others to cue recall. Referring back to our general model of memory formation, it is as if the process of transferring information from short–term to long–term storage has been completely blocked. En bloc memory impairments tend to have a distinct onset. It is usually less clear when these blackouts end because people typically fall asleep before they are over. Interestingly, people appear able to keep information active in short–term memory for at least a few seconds. As a result, they can often carry on conversations, drive automobiles, and engage in other complicated behaviors. Information pertaining to these events is simply not transferred into long–term storage. Ryback (1970) wrote that intoxicated subjects in one of his studies “could carry on conversations during the amnesic state, but could not remember what they said or did 5 minutes earlier. Their immediate and remote memory were intact” (p. 1003). Similarly, in their study of memory impairments in intoxicated alcoholics, Goodwin and colleagues (1970) reported that subjects who experienced blackouts for testing sessions showed intact memory for up to 2 minutes while the sessions were taking place.”

 

[K_Z]

Within 30 days of the order determining the amount of attorney’s fees as described above, Plaintiff shall also pay an amount equal to the amount of attorney fees awarded to a charity to be determined by Defendant. Defendant shall notify Plaintiff of the chosen charity in writing within ten days of this order. Evidence of Plaintiff’s payment to this charity shall be provided to defense counsel within the 30 day period described above.

BBM. (Plaintiff is Dina Shacknai, defendant is Jonah Shacknai.)

http://www.courtminutes.maricopa.gov/docs/Civil/072015/m6938464.pdf

I wonder which charity Jonah will choose for Dina to make her court-ordered contribution to?

I hope Jonah chooses Max in Motion. That would be a very kind, generous gesture on Jonah's part, to direct Dina to contribute to such a successful foundation that is doing great amounts of good work for needy children in Max's memory. It would give Dina an opportunity to formally apologize to the court and Jonah, cleanse herself, and seek some atonement for all of the court-specified bad faith defiance she has shown in her wrongful death lawsuit against Jonah, IMO.

Max in Motion has grown to become quite successful, and provides sports equipment and opportunities for many kids. Their financials continue to improve every year, so I think this memorial foundation in Max's honor will continue to have a service presence for a long time. I'm confident any contributions are quite welcome and useful.

http://www.maxinmotion.org/

MaxInMotion® Scholarships Benefitted Nearly 4,000 Children During First Three Years.

That said, I sincerely doubt Dina will ever voluntarily pay the court ordered fees to either Jonah or the charity of his choosing. I predict she will "dare" the court to find her in contempt for non-payment, then file a bunch of whiny motions claiming the courts are unfair to her. She has developed quite a talent for filing delay motion after delay motion, ignoring deadlines, and doing everything she can to drag out the cases she is involved in. She must be a difficult and frustrating client to work with, IMO.

If she had nothing to hide, and wanted so badly to clear her name, she would have volunteered to have her deposition taken months ago. Adam did. Mary did. 23 other interested parties have. Why not Dina and Nina?

And if Dina had completed her deposition months ago, she could have filed the "all important" request for summary judgment by now, showing her innocence of the Zahau allegations, right?

And if she had completed her deposition, and filed her request for summary judgment, she could have potentially saved herself (and her sister) thousands upon thousands of dollars in attorney fees. (IF the court found in her favor, which I personally think is unlikely at this point in the case.)

I have to conclude Dina (and Nina) are doing everything they possibly can to delay and avoid submitting to their depositions in the Zahau case. They both have a lot to hide, IMO.

 

[LuckyLucy2]

I can't wait to see what the Judge writes in the Zahau case about Mary not responding to the Special Interrogatories that Dina sent. As far as I have seen, Mary still has not responded to them, and the date for the hearing to compel her to answer is coming up soon.

 

[K_Z]

I can't wait to see what the Judge writes in the Zahau case about Mary not responding to the Special Interrogatories that Dina sent. As far as I have seen, Mary still has not responded to them, and the date for the hearing to compel her to answer is coming up soon.

We agree on this. I can't wait to see what the judge orders, too. I personally think the court order will not be in favor of the frivolous and excessive hundreds of interrogatories Dina submitted. I don't think she has come close to making her case for why they should be allowed. I think the judge will see Dina's excessive and redundant interrogatories for what they are-- harassment, retaliation, and intimidation.

Mary's deposition is done. I doubt the hundreds of frivolous and harassing interrogatories Dina initially submitted are going to be seen as relevant to discovery. Because Dina and her attorneys could have simply ASKED Mary any of those hundreds of interrogatories AT MARY's DEPOSITION.

 

[LuckyLucy2]

We agree on this. I can't wait to see what the judge orders, too. I personally think the court order will not be in favor of the frivolous and excessive hundreds of interrogatories Dina submitted. I don't think she has come close to making her case for why they should be allowed. I think the judge will see Dina's excessive and redundant interrogatories for what they are-- harassment, retaliation, and intimidation.

Mary's deposition is done. I doubt the hundreds of frivolous and harassing interrogatories Dina initially submitted are going to be seen as relevant to discovery. Because Dina and her attorneys could have simply ASKED Mary any of those hundreds of interrogatories AT MARY's DEPOSITION.

Why would Dina's lawyers do that? Why doesn't Mary think she has to follow the rules like everyone else?

Dina's quetions are not "frivolous', they are asking for the details for the false accusations that Mary Zahau has brought against her. That is information she needs in order to prepare for her deposition. I would imagine that is why she has not been deposed yet. She has not yet gotten the details of the charges from Mary Zahau, because it seems Mary thinks she can just accuse someone of murder without backing it up with FACTS.

 

[K_Z]

XZ must have nothing to hide, as she has completed her deposition pretty early on in the discovery process.

I hope they asked:

Is there currently, or was there in the past, a child order of protection/ restraining order on your behalf against Dina Shacknai? How did that come to be?

How many times has Dina Shacknai contacted you, emailed, texted, or spoken to you since Rebecca and Jonah began dating? What did she say to you?

Have you felt harassed or intimidated by Dina Shacknai?

What was your relationship like with Jonah Shacknai? Did you like spending time with him and Rebecca?

Has Dina Shacknai ever accused you of being jealous of her? Jealous of Max? Why do you think she would say things like that?

Why do you think Dina Shacknai was so jealous of Rebecca? Why do you think Dina hates Rebecca so much?

Has Dina Shacknai ever physically touched you? Raised her voice at you?

What did your sister Rebecca say to you about her relationship with Dina Shacknai?

Did Rebecca tell you she was afraid of Dina? Did you ever see Dina be rude, unpleasant, or nasty to Rebecca? Did you ever see Dina physically touch Rebecca?

What did Max say to you about Rebecca? About his mother? Father? Half siblings?

Do you think Max liked or loved Rebecca? Did he like spending time with Rebecca and Jonah? What was Rebecca and Max's relationship like?

What kinds of things did you and Max talk about? Did you play games together? Hang out together? Tell me more about how Max showed you he could ride his scooter upstairs indoors? Did you think scooter riding indoors near stairs was a good or safe thing for him to do? Did his parents know he was riding his scooter indoors near stairs?

Why do you think Rebecca died? Do you think Dina Shacknai hurt or killed Rebecca?

 

[BBL]

For Jonah - who handled the ropes when docking your boat? Would Rebecca be able to tie these knots?
For Dina - what were you wearing at the hospital when you were "sitting vigil"? What happened to those clothes?

I'd also like to see Dina (and Nina's) credit card statements for this period....

 

[screecher]

More questions for JS

Why did you ask someone at Rebecca's funeral if they knew of anyone who might want to do harm to Rebecca?

Do you know someone who wanted to cause harm to Rebecca and her family?

Do you believe that person to be ms. ex-shacknai #2?

Do you believe ms. ex-shacknai #2 physically capable of killing Rebecca?

 

[K_Z]

For Jonah:

Do you believe Dina is a vindictive person?

In your opinion, did Dina have a drinking problem at the time of Max and Rebecca’s deaths? Do you think she has, or had, a substance abuse problem at the time of Max and Rebecca's deaths? In your experience, did she often drink while taking prescription medications?

Have you known Dina to experience blackouts while drinking, and/ or taking prescription medications?

Describe situations where you have observed or experienced violent or erratic behavior from Dina. Was Max present, or nearby?

What is your opinion of Dina’s attitude and behavior toward Rebecca while you and Rebecca were dating and living together? What did she say to you about Rebecca?

Do you think Dina was jealous of Rebecca? Do you think Dina felt replaced by Rebecca? Do you think Dina was obsessed with Rebecca? Was Rebecca a target for Dina’s anger toward you?

Do you think Dina respected your time with Rebecca? Did Dina have boundary issues?

After your divorce from Dina, did she let herself into the Spreckles property when you were not home? Did you do anything to secure the Spreckles property after your divorce from her, such as changing the locks and codes?

Did Nina know how to get into the Spreckles property?

Why did Nina borrow your car?

Why did you call Paul Pfingst after you heard about Rebecca's death? What did you tell PP? Did you pay him for his services?

What part do you think your brother Adam played in Rebecca's death?

Do you think Dina was at Max's bedside the entire night that Rebecca was killed?

Why do you think Dina wanted to control or restrict Rebecca’s interaction with Max? Do you think her demands about Max were vindictive behavior intended to hurt, inconvenience, or upset you?

Do you think Dina used Max to increase the amount of money she got from you after the divorce?

Was Dina reliable about picking up and dropping off Max for his custodial time with you?

Do you think Dina was obsessed with your wealth?

In your opinion, does Dina have mental health problems, or a personality disorder? Do you think Dina is an arrogant, condescending person?

Do you trust Dina? Why or why not?

Do you consider Dina to be a friend? Why or why not?

What did Dina have to say about Rebecca and her sister XZ in the hours after Max’s accident?

At the time of Max’s death, were you considering, or pursuing, sole custody of Max?

Do you think Dina killed Rebecca?

 

[BBL]

I get what you are doing LL2, but at least try and keep it relevant to the WDS

 

[K_Z]

These last 2 days or so have been so interesting! More info than I expected.

Thank you, all-- and special thanks to LuckyLucy2 for your help with the proposed questions. You've helped tremendously. :tyou:

 

[*Lash*]

Another pertinent piece of info from the recent minute order in Max's WDS. Dina's previous attorney filed a motion to withdraw on 4/8/2015 (approved by the court on 5/13/2015). Her new counsel, Franklyn Jeans, first appeared on 7/17/2015. 2 months, almost 3 with no counsel. So when Dina filed the motion for an extension on 6/17 (see my post below) she did not have representation. She was representing herself. It appears she did not retain her new attorney until the judge granted Jonah's request to award attorney fees. In my opinion, this strongly suggests Dina is having complications with keeping and/or retaining legal counsel.

BBM-

Who Committed the Violation

The Court’s docket shows that on April 8, 2015, Plaintiff’s previous counsel filed a motion to withdraw, with her consent evidenced by her signature. The relevant Court order was issued May 13, 2015 and sent directly to her. Current counsel first appeared on July 17, 2015, ten days ago.

In this case, the Plaintiff herself is responsible for not complying with the order. When the order was issued, she represented herself. When the deadline passed, she represented herself. When the extra time she requested passed, she represented herself.

http://www.courtminutes.maricopa.gov/docs/Civil/072015/m6938464.pdf

Jonah has been busy. The day before Jonah requested an Ex Parte hearing in the Zahau WDS, an order was granted in Max's WDS awarding Jonah $3,301.73 in attorney fees. Plaintiff, Dina, is ordered to pay the sum by 7/26/2015. It appears Jonah is prepared to battle Dina in both suits. The sanctions are a result of Dina's non response regarding Jonah's motion to compel discovery responses. Isn't Dina doing the same thing to the Zahau's in the state suit in her motion to compel? Dina wants to compel the Zahau's to respond further yet she did not respond to Jonah's motion in a suit she brought against him. Dina is still not showing any legal representation in this suit.

Case Information
Case Number: CV2013-009289
Judge: Whitten, Christopher
File Date: 7/16/2013

Case Documents
ORD - Order - 7/7/2015

NOTE: IT IS HEREBY ORDERED granting Jonah Shacknai’s Request and awarding him attorneys’ fees in the amount of $3,280.00, and reasonable costs in the amount of $21.73, for a total award of $3,301.73. Plaintiff is ordered to pay this sum no later than July 26, 2015.

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

ETA - Dina did file a motion for extension of time to respond. Jonah responded immediately on 6/18/2015 with a motion in opposition to the extension. The outcome is unclear.

MOT - Motion - 6/17/2015

NOTE: Plaintiff's motion for extension of time to respond to order compelling discovery responses, and plaintiff's motion to grant an evidentiary hearing.

 

[K_Z]

Yes Lash, I agree Dina is signaling she is having attorney issues, IMO.

There is a typo in that document—the attorney is Franklyn David Jeans (not "Frankly"). He has been in practice nearly 40 years (graduated law school 1976). No website. It appears that he’s licensed in AZ as well as CA, so I have to wonder if Dina may be preparing to “pare down” her very expensive team of California attorneys and use Attorney Jeans for both cases.

 

[screecher]

Thanks for bringing that here, *Lash*.

I agree, she is finding it extremely difficult retaining/finding new attorneys. IMO, it's because she's not listening to them, following their directives and fighting with them...who wants to work for a client who refuses to be co-operative? Nevermind, probably not keeping up with the fees they charge. I believe it took her almost 3 months to find a new attorney to work for her, because her name has been bantered around in the lawyers circles.

At this point, it has become quite evident (to me, at least) her sole intent is to dog and harass JS, make his life as miserable as she can, with her suit, using any mechanism she can think of, for as long as she's able. I think Whitten realizes this also. Her suit has nothing to do with the child, imo. Once again, she is exploiting Max, imo.

Also, I think her intent is to do the same with the Zahaus WDS, delay, delay, delay, refuse to follow the judge's orders, calendar and rulings. It is pretty obvious she has no alibi for that evening into the morning hours, but she really could care less about that, imo. Her goal is try to make others miserable. Even in death, Rebecca will continue to be stalked and harassed via her surviving family by dina.

The thing is, just as lawyers banter clients names around in the circles, judges are not immune to doing the same.

Dina Shacknai is building herself quite the reputation. And not for philanthropy.

 

[*Lash*]

Yes Lash, I agree Dina is signaling she is having attorney issues, IMO.

There is a typo in that document—the attorney is Franklyn David Jeans (not "Frankly"). He has been in practice nearly 40 years (graduated law school 1976). No website. It appears that he’s licensed in AZ as well as CA, so I have to wonder if Dina may be preparing to “pare down” her very expensive team of California attorneys and use Attorney Jeans for both cases.

LOL...I'm unsure if the document has a typo, but I defintely did. Auto correct changed the name on me.

 

[screecher]

For JS

Tell us why you felt there was a need to hire Paul Pfingst, when your brother texted you Rebecca committed suicide?

Why was Paul Pfingst needed?

Exactly when was Paul Pfingst called? Or texted? :lol:

 

[justice be served]

Deposition questions for Jonah Shacknai:

Do you personally know Sheriff William Gore?

How would you describe your relationship?

Have you ever met Sheriff Gore for dinner or cocktails?

Has Sheriff Gore visited your home or you visit his?

Have you or any company you control donated monies to Sheriff Gore election campaigns?

Have you or any company you are associated with donated monies to any associated causes of San Diego Sheriff's office?

What individuals do you personally know at the San Diego Sheriff office, Coronado Police Department, District Attorney office, state's attorney general or Medical Examiner office?

What public officials did you communicate with on the first and following days that Rebecca's body was found?

Did you suggest that the medical examiner delay responding to the scene of Rebecca's body?

When Adam texted you that Rebecca had hung herself, why was your next communication with Dina? (IIRC that occurred but not sure.)

Did you go to the scene the day that Rebecca was found? If not, why?

What happened to the car that Nina borrowed the night before Rebecca was found? Was it involved in an accident shortly thereafter?

 

[Zinn]

Questions for JS:

- When you relayed to DS what Rebecca told you about the events surrounding Max's injury, did you either characterize or quote Rebecca as attempting to save Max following the accident? If so, did DS share an opinion with you regarding that characterization of events?

- Do you believe Rebecca painted the message on your bedroom door? If so, what is your interpretation of her message?

- Has the message on the door been painted over? If so, why, and at whose direction?

- Did you and DS share a room at RMH?

- Did you and DS take shifts in sitting with Max during his hospitalization, or did you come and go without regard to the others availability? If you took shifts, were these in prearranged blocks of times?

 

[LuckyLucy2]

I get what you are doing LL2, but at least try and keep it relevant to the WDS

My questions are relevant to the WDS case, BBL. And I am doing what those on the Zahau side are doing <modsnip>.

 

[Inparadise]

Deposition questions for Jonah Shacknai:

Do you personally know Sheriff William Gore?

How would you describe your relationship?

Have you ever met Sheriff Gore for dinner or cocktails?

Has Sheriff Gore visited your home or you visit his?

Have you or any company you control donated monies to Sheriff Gore election campaigns?

Have you or any company you are associated with donated monies to any associated causes of San Diego Sheriff's office?

What individuals do you personally know at the San Diego Sheriff office, Coronado Police Department, District Attorney office, state's attorney general or Medical Examiner office?

What public officials did you communicate with on the first and following days that Rebecca's body was found?

Did you suggest that the medical examiner delay responding to the scene of Rebecca's body?

When Adam texted you that Rebecca had hung herself, why was your next communication with Dina? (IIRC that occurred but not sure.)

Did you go to the scene the day that Rebecca was found? If not, why?

What happened to the car that Nina borrowed the night before Rebecca was found? Was it involved in an accident shortly thereafter?

I would also want to know if Gore has been on Jonah's yacht.........or if they have played golf together.