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

[K_Z]

Dina isn't going to be able to put off the court ordered $14,000 penalty payment to MaxinMotion for very long. She likely has only 30 days to make the payment, or risk being in contempt of court.

Many of the discovery requests Plaintiff issued on February 13, 2015 were aimed at determining what damages the Plaintiff was going to assert and, if those claims would be bolstered by expert testimony, who those experts were, what they would say and upon what they would base their opinions.

Plaintiff did not respond to those requests by the original March 30, 2015 deadline. She did not do so by the Court ordered deadline of June 15, 2015. She did not do so within the extra time she requested, by June 26, 2015. In fact, she did not really do so even in her July 24, 2015 responses.

As a sanction, Plaintiff is precluded from calling any witness (other than herself) on the subject of her damages. Neither may Plaintiff admit hearsay evidence related to her damages claim (e.g. “my doctor told me …”).

In addition, Plaintiff shall supplement her July 24, 2015 responses to the Defendant’s February 13, 2015 Uniform and Non-Uniform Interrogatories and Requests for Production by August 14, 2015. Those responses shall be complete, in no way resembling her July 24, 2015 responses.

Finally, Plaintiff shall pay all fees incurred by Defendant in his attempts to get responses to his February 13, 2015 discovery request (less those already awarded as part of the previous Court order). Counsel for Defendant shall file an affidavit in support of this amount by August 7, 2015.

Within 30 days of the order determining the amount of attorney’s fees as describedabove, 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.

To clearly guide the parties’ future decisions in complying with Court orders and their obligations under the rules, the Court has now twice imposed sanctions less than dismissal and has reviewed the Plaintiff’s inexcusable delay in detail. If either party ignores their obligations under the rules or any of this Court’s orders, all sanctions will be considered, including the complete dismissal of claims or defenses.

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

BBM. The above court order is from 07/27/2015. Which is ONE day after her missed deadline to pay the $3000 to Jonah. The court didn't wait long to issue this order, and I think we will likely see a dismissal of this case by October 18-19, with more sanctions as the court has warned. Anyway, it's pretty clear from the order posted today that she never paid the $3000 in the interim 8 weeks.

I'm thinking it is also pretty clear from the court that unless Dina pays the entire $14K penalty fees to MaxInMotion, as well as $14K Jonah's attorney fees, in full, in the next 30 days, the case WILL be dismissed.

So that's roughly October 18-19, 2015.

If she pays, her case has a small glimmer of a chance of continuing forward, albeit with sanctions on what she can present. If she doesn't make the payments in 30 days, it's done.

 

[K_Z]

Oh-- one other observation.

Judge Christopher Whitten again continues to demonstrate his patience and mercy toward uncooperative, defiant plaintiff Dina Shacknai.

He gave her a merciful $352.15 discount on his previous order, which matched her charitable penalty dollar for dollar with Jonah's attorney fees and costs.

He's been more than patient, and more than fair, IMO.

Hopefully Dina will take advantage of this opportunity to begin to make amends to Jonah and the court, by complying with the ordered payments. (But I doubt it.) Ignoring court orders is never a good plan, IMO.

 

[kittychi]

She will have to pay whether the case gets dismissed or not, too. It never ceases to amaze me the huge problems that people make for themselves (but its always someone else's fault).

 

[K_Z]

She will have to pay whether the case gets dismissed or not, too. It never ceases to amaze me the huge problems that people make for themselves (but its always someone else's fault).

Good point, kittychi. Dismissal of the case doesn't dismiss the standing court orders.

If I remember correctly, if someone doesn't comply with a court order to make payments, they can be ordered to appear for a "show cause" hearing (basically, tell the court why you haven't complied)--and that can lead to a contempt of court finding. That is usually more fines, or can include jail time. I doubt the court would seize assets from bank accounts without a "show cause" hearing.

This isn't the same as someone defaulting, for example, on a rental agreement. She will have to pay in full, or set up a payment plan the court approves. I don't think she will wiggle out of this one. Jonah's prompt filings on this show he isn't going to let it go, either.

I think Judge Whitten has just given Dina enough rope to see if she will hang herself.

 

[screecher]

Yep. Whitten has had more than enough of that one. Wasn't he the one who told her attorney to take a blue edit pencil to the numerous pages that were submitted to him? lol.

Ya know, I do understand a mother doing exactly what DS did, filing a WDS.

What I don't understand is DS doing it. She had to know she would get no where. No more information than she already has, and certainly he is immune to her blackmail and extortion at this point. She has to know, with their child dead, for all intent and purposes, she no longer exists in Jonah's world. IMO, she is/was crazy with rage and a hateful heart. Thus bringing the WDS. IMO

Thanks again for keeping abreast of the court calendars.

Always thinking of justice for Rebecca Zahau and peace for her family.

 

[LuckyLucy2]

She will have to pay whether the case gets dismissed or not, too. It never ceases to amaze me the huge problems that people make for themselves (but its always someone else's fault).

Always someone's else's fault...just like to the Zahaus it is someone else's fault that Rebecca killed herself. The self--professed Christians are so ashamed of Rebecca's defiant, nude suicide that they prefer to try to fame three innocent people for murder rather than face the truth.

I am not surprised that Dina will not win the case against Jonah. Even though we know that Max told someone he was scared of being alone with Rebecca, and that Dina asked Jonah that Max never be alone with Rebecca and XZ, since both had violent tendencies, and Rebecca had recently been arrested for shop lifting $1000 worth of jewelry from Macy's, and the only living witness to the accident has been whisked away again - this time to Germany - it was still a long shot that a case could be made since the adult responsible for Max's death hung herself rather than face the questions of Child Protective Services and a court of law.

All cases that don't have evidence will eventually be thrown out - just like the Zahaus fradulent case will be thrown out in February.

Judge Bacall already harshly admonished the Zahaus for having no evidence in their seventh try at a complaint, and we see that they defied her order and submitted the eight iteration of the complaints no evidence included. that is because they have none.

The Judge will not think trying to frame innocent people for murder in order to save their Christain reputation and (very unChristianly) make $10 million dollars is amusing, and I predict she will fine them heavily and also require them to pay all the defendants court costs.

The Zahaus will never have evidence because they made up their claims from internet rumors. The police, however, have plenty of evidence - physical and circumstantial - that proves Rebecca Zahau took her own life and that no one else was involved.

Can't wait to see how much the Zahaus are fined and how much they have to pay Dina and Adam Shacknai and Dina Romano for filing a false court case and wasting the Courts time for over two years.

:judge:

Always wishing for justice and peace for the falsely accused Shacknai family.

 

[LuckyLucy2]

I think Judge Whitten has just given Dina enough rope to see if she will hang herself.

Hang herself nude from a balcony while a little boy is in the ICU because of her? Doubtful. That was Rebecca Zahau.

 

[screecher]

"...defied 'his' order....", "...predict 'she' will....", "...Dina and Adam Shacknai

 

[screecher]

Oops lol

and Dina Romano...."

So lulu, just what gender is the judge, a 'he' or a 'she'? And did Nina Romano change her name to Dina?

It'd be wise to put the wine down.

 

[justice be served]

Always someone's else's fault...just like to the Zahaus it is someone else's fault that Rebecca killed herself. The self--professed Christians are so ashamed of Rebecca's defiant, nude suicide that they prefer to try to fame three innocent people for murder rather than face the truth.

I am not surprised that Dina will not win the case against Jonah. Even though we know that Max told someone he was scared of being alone with Rebecca, and that Dina asked Jonah that Max never be alone with Rebecca and XZ, since both had violent tendencies, and Rebecca had recently been arrested for shop lifting $1000 worth of jewelry from Macy's, and the only living witness to the accident has been whisked away again - this time to Germany - it was still a long shot that a case could be made since the adult responsible for Max's death hung herself rather than face the questions of Child Protective Services and a court of law.

All cases that don't have evidence will eventually be thrown out - just like the Zahaus fradulent case will be thrown out in February.

Judge Bacall already harshly admonished the Zahaus for having no evidence in their seventh try at a complaint, and we see that they defied her order and submitted the eight iteration of the complaints no evidence included. that is because they have none.

The Judge will not think trying to frame innocent people for murder in order to save their Christain reputation and (very unChristianly) make $10 million dollars is amusing, and I predict she will fine them heavily and also require them to pay all the defendants court costs.

The Zahaus will never have evidence because they made up their claims from internet rumors. The police, however, have plenty of evidence - physical and circumstantial - that proves Rebecca Zahau took her own life and that no one else was involved.

Can't wait to see how much the Zahaus are fined and how much they have to pay Dina and Adam Shacknai and Dina Romano for filing a false court case and wasting the Courts time for over two years.

:judge:

Always wishing for justice and peace for the falsely accused Shacknai family.

Kindly provide links including and in particular for "we know that Max told someone he was scared of being alone with Rebecca" and "that the only living witness to the accident has been whisked away again - this time to Germany". It is obvious and appreciated your passion for your beliefs, however, statements with no proof of fact are simply opinions that then give the reader a false sense of what is true.

 

[justice be served]

Dina isn't going to be able to put off the court ordered $14,000 penalty payment to MaxinMotion for very long. She likely has only 30 days to make the payment, or risk being in contempt of court.



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

BBM. The above court order is from 07/27/2015. Which is ONE day after her missed deadline to pay the $3000 to Jonah. The court didn't wait long to issue this order, and I think we will likely see a dismissal of this case by October 18-19, with more sanctions as the court has warned. Anyway, it's pretty clear from the order posted today that she never paid the $3000 in the interim 8 weeks.

I'm thinking it is also pretty clear from the court that unless Dina pays the entire $14K penalty fees to MaxInMotion, as well as $14K Jonah's attorney fees, in full, in the next 30 days, the case WILL be dismissed.

So that's roughly October 18-19, 2015.

If she pays, her case has a small glimmer of a chance of continuing forward, albeit with sanctions on what she can present. If she doesn't make the payments in 30 days, it's done.

The irony to me is that Dina's refusal to pay the monies due to Max in Motion speaks VOLUMES. To purposely refuse the judge's smartly ordered tribute to her son is so counter to what she is (supposedly) seeking in the WDS lawsuit.

Just amazing the corner she has painted herself into and I doubt the judge has missed Dina's self-displayed true colors for all to see and judge. Pretty sad stuff.

 

[LuckyLucy2]

Oops lol

and Dina Romano...."

So lulu, just what gender is the judge, a 'he' or a 'she'? And did Nina Romano change her name to Dina?

It'd be wise to put the wine down.

I don't drink, my dear. But funny, I thought you were a pimple nurse, not a school teacher.

 

[MissUnderstood]

I don't drink, my dear. But funny, I thought you were a pimple nurse, not a school teacher.

Just wondering if you know the people involved in this? I've noticed your responses are very one sided and sometimes a little venomous to others differing opinions like you are privy to info others here don't know.


MOO!!

 

[K_Z]

The irony to me is that Dina's refusal to pay the monies due to Max in Motion speaks VOLUMES. To purposely refuse the judge's smartly ordered tribute to her son is so counter to what she is (supposedly) seeking in the WDS lawsuit.

Just amazing the corner she has painted herself into and I doubt the judge has missed Dina's self-displayed true colors for all to see and judge. Pretty sad stuff.

Actually, Dina has until roughly Oct 18 or 19 (the 18th is a Sunday) to comply with the latest court order, which is $28K ($14K each to Jonah and MaxInMotion).

What she failed to pay so far was a court order for $3,000 in attorney fees and costs to Jonah by July 26, which came about because of her continuous noncompliance (over 6 months!) with court ordered discovery requests on behalf of the defendant (Jonah). So, because of the repeated noncompliance, Jonah incurred more attorney fees and costs related to that specific issue, and the court ordered penalty fees in matching amounts to be paid to a charity of the defendant's choosing.

Basically, for her complete refusal to pay the court ordered $3,000, she now has to pay $28,000. And that is ordered to be paid within 30 days from the court's order, or the judge has strongly warned that the case could be (and probably will be) dismissed.

But as kittychi pointed out above, whether the case is dismissed or not, she still owes the money the court has ordered her to pay. That doesn't go away even if she "chooses" not to pay, and "lets" Judge Whitten dismiss the case for her noncompliance.

Nonpayment might be a rather dysfunctional (manipulative) psychological way for her to save face, as she can then blame the dismissal on the judge.

I think Judge Whitten will also order her to pay ALL of Jonah's attorney fees and filing costs, as well, for filing a nuisance lawsuit in bad faith-- it's clear to everyone she never intended to cooperate with the civil process as a plaintiff, IMO.

So, all indications are that Dina has until October 18th or so to make the $28,000 payments to Jonah and MaxInMotion. My guess is she will continue to be defiant, and won't pay it, since she refused to make the substantially smaller $3,000 payment.

And if she doesn't pay it, I think Judge Whitten is going to order her to appear for a show cause hearing, and find her in contempt. His language in the order above shows he is very unhappy with her behavior-- both the noncompliance, as well as not responding to the interrogatories with sufficient effort and good faith.

Pretty strongly worded rebuke from the Judge. Yikes. Astonishing to me that anyone would so willfully defy, over and over, the orders of the court! Especially in a case they filed as a plaintiff! To me that just shows a very vindictive person with no conscience, no integrity, and no good faith who is trying to manipulate a lot of people using the court system. This seems to be a pattern of behavior for Dina, over and over. IMO.

 

[justice be served]

K_Z thank you for the clarity on the due dates. I do hope she pays the MIM money. I would think any advisor of hers would convey the importance of doing so if only to save face relative to her wish to show a tribute for her son's memory.

BTW, seems her own charity for Max appears to be dormant.

 

[LuckyLucy2]

Just wondering if you know the people involved in this? I've noticed your responses are very one sided and sometimes a little venomous to others differing opinions like you are privy to info others here don't know.


MOO!!

But I see you thought the response asking me to "put down the wine" was not "a little venomous". Very telling. Easy to see which side of the debate you are on - I certainly haven't seen you speaking up about any of the unbelievealby sick and cruel comments that have been made about the innocent Shacknais and Nina Romano. Again, very telling.

 

[K_Z]

K_Z thank you for the clarity on the due dates. I do hope she pays the MIM money. I would think any advisor of hers would convey the importance of doing so if only to save face relative to her wish to show a tribute for her son's memory.

BTW, seems her own charity for Max appears to be dormant.

No kidding-- it will look very bad for her if Dina refuses to contribute the penalty fees to her OWN SON's memorial charity. Yeesh.

And yes, Jonah's charitable foundation is thriving and growing; hers is essentially "dead", but I suppose she can resuscitate it if there is some money that presents an opportunity. The only thing of substance her nonprofit has done in the past 2 years is add a reporter as a board member. Their tax filings will be interesting this year. But she will keep it open, IMO, for a while longer in case some potential personal income needs to be funneled thru the NP-- as CEO, she is entitled to draw a salary, even if the nonprofit produces nothing, helps no one, and does nothing at all. (She wouldn't be the first person to do that, lol.) Many new nonprofits only last a few years.

I still strongly believe she formed "her" nonprofit as a tit for tat vindictive poke at Jonah, for setting up his MaxinMotion. The 2 organizations are vast polar opposites-- Jonah's is set up to honor the little boy, and what he was passionate about (sports). Dina's, IMO, is based entirely on lies and her own delusional ideas about how Max died, to further her own agenda. On her website, she compares Max's accidental fall to the horrific kidnappings and murders of kids like Megan Kanka. Talk about delusional and exploitative-- good lord, that takes the prize. No wonder her nonprofit has failed to do anything of substance. She really should just close it up and take the website down. It's an embarrassment to Max's memory, IMO, and exploits his death for her benefit.

MIM, by the way, is a foundation, not just a non-profit, so has different reporting obligations. Jonah fronted all of the money to get it up and running.

A foundation (also a charitable foundation) is a legal categorization of nonprofit organizations that will typically either donate funds and support to other organizations, or provide the source of funding for its own charitable purposes.

This type of non-profit organization differs from a private foundation which is typically endowed by an individual or family.

In the United States, many philanthropic and charitable organizations (such as the Bill & Melinda Gates Foundation) are considered to be foundations. However, the Internal Revenue Code distinguishes between private foundations (usually funded by an individual, family, or corporation) and public charities (community foundations or other nonprofit groups that raise money from the general public). While they offer donors more control over their charitable giving, private foundations have more restrictions and fewer tax benefits than public charities.

https://en.wikipedia.org/wiki/Foundation_(nonprofit)

 

[LuckyLucy2]

<snipped>
I think Judge Whitten will also order her to pay ALL of Jonah's attorney fees and filing costs, as well, for filing a nuisance lawsuit in bad faith-- it's clear to everyone she never intended to cooperate with the civil process as a plaintiff, IMO

And if she doesn't pay it, I think Judge Whitten is going to order her to appear for a show cause hearing, and find her in contempt. His language in the order above shows he is very unhappy with her behavior-- both the noncompliance, as well as not responding to the interrogatories with sufficient effort and good faith.

Pretty strongly worded rebuke from the Judge. Yikes. Astonishing to me that anyone would so willfully defy, over and over, the orders of the court! Especially in a case they filed as a plaintiff! To me that just shows a very vindictive person with no conscience, no integrity, and no good faith who is trying to manipulate a lot of people using the court system. This seems to be a pattern of behavior for Dina, over and over. IMO.

I think we will be writing the very same things about Judge Bacall and the Zahaus in February.

After all, Mary Zahau refuses to respond to the interrogatories that Dina Shacknai submitted and a hearing to compel had to be called. Judge Bacall also harshly admonished the Zahuas after their seventh attempt at an amended complaint failed to include any facts that would place any three of the defendents in the room where Rebecca prepared for her suicide. Then the defiant Zahaus filed an eight iteration that was exactly the same as the seventh iteration, with just a few words moved around. That is going to tick the Judge off greatly.

I think Judge Bacall will be furious that the Zahaus filed a false lawsuit and tried to frame three innocent people for murder. I wonder what she will say or do when she finds out that a key supporter of the Zahaus just happens to know Mr. Haager - the "witness" that claimed to see Dina (when she was miles away at Rady's.). Bet that won't be a pretty day in court for the Zahaus.

I think Judge Bacall will also order the Zahaus to pay ALL of Adam, Dina, and Nina's attorney fees and filing costs, as well, for filing a nuisance lawsuit in bad faith.

And if they don't pay it, I think Judge Bacall will order Mary to appear for a show cause hearing, and find her in contempt.

The Zahaus know February is coming and it won't be a very good month for them....but a great one for proving the innocence of the defendents.

:judge:

 

[BBL]

... a key supporter of the Zahaus just happens to know Mr. Haager - the "witness" that claimed to see Dina (when she was miles away at Rady's.).

:judge:

SBM: can you clarify exactly what you mean here? You've alluded to this before. Surely you aren't suggesting that the judge will care who a poster on a website knows? Do you even have proof that "key supporter" knows the witness (hah, I just have to ask)? I live in Coronado, maybe I know him too? So, who is this supporter and why are they "key"? Why would this have any implication on this case at all?

 

[kittychi]

But I see you thought the response asking me to "put down the wine" was not "a little venomous". Very telling. Easy to see which side of the debate you are on - I certainly haven't seen you speaking up about any of the unbelievealby sick and cruel comments that have been made about the innocent Shacknais and Nina Romano. Again, very telling.

It is also telling that you did not answer MissUnderstood's question if you know the people involved in this.