justice be served
The Angry Norwegian
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Document 130 posted by Zahau attorney Greer to San Diego Superior Court 4.20.15 in preparation for the 5.1.15 hearing.
https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805274952.pdf
Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Nina Romano's Motion to Strike Portions of the First Amended Complaint
This is in response to Nina Romano attorney moving to strike the punitive damages. Her attorney argues that only conclusory allegations are given that the defendants acted with oppression, fraud and malice, and does not allege sufficient facts to support this allegation.
Greer's memorandum indicates that ....'the complaint alleges specific actions taken by the defendants as a group, and individually, in furtherance of their conspiracy and common plan to batter and kill Rebecca Zahau. These acts include beating the decedent, tying her up, gagging her, strangling her and then hanging her naked body off the deck of the Spreckles Mansion for public display. Thus, the allegations contained with the FAC [First Amended Complaint] clearly plead sufficient facts to support a claim for punitive damages.' It concludes with '....Defendants acted with malice and oppression. such a finding would support an award of punitive or exemplary damages against the Defendant. For these reasons, the Motion to Strike should be denied. If the Court should find that the factual allegations are insufficient in any respect, Plaintiffs respectfully submit that leave should be granted to amend to address any deficiencies.'
These may not be new but I'll mention them anyway as this thread has brought up the clothing recently for instance:
On the issue of clothing: '....based on the fact that Rebecca was later found naked, hung and the clothing she was wearing on that date was not found at the residence'. That must mean that someone reported the clothing she had worn that day and it was never found at the residence.
On the issue of tape residue on her legs: 'Plaintiffs then allege that Defendants initially bound Rebecca using adhesive tape, based on the tape residue found on her legs, where no similar adhesive was found at the scene.'
Both of these last two issues speak to '....each of the Defendants also kept watch to avoid detection and removed evidence of the acts which they committed, including wiping down objects they had touched in order to remove DNA and finger prints'.
https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805274952.pdf
Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Nina Romano's Motion to Strike Portions of the First Amended Complaint
This is in response to Nina Romano attorney moving to strike the punitive damages. Her attorney argues that only conclusory allegations are given that the defendants acted with oppression, fraud and malice, and does not allege sufficient facts to support this allegation.
Greer's memorandum indicates that ....'the complaint alleges specific actions taken by the defendants as a group, and individually, in furtherance of their conspiracy and common plan to batter and kill Rebecca Zahau. These acts include beating the decedent, tying her up, gagging her, strangling her and then hanging her naked body off the deck of the Spreckles Mansion for public display. Thus, the allegations contained with the FAC [First Amended Complaint] clearly plead sufficient facts to support a claim for punitive damages.' It concludes with '....Defendants acted with malice and oppression. such a finding would support an award of punitive or exemplary damages against the Defendant. For these reasons, the Motion to Strike should be denied. If the Court should find that the factual allegations are insufficient in any respect, Plaintiffs respectfully submit that leave should be granted to amend to address any deficiencies.'
These may not be new but I'll mention them anyway as this thread has brought up the clothing recently for instance:
On the issue of clothing: '....based on the fact that Rebecca was later found naked, hung and the clothing she was wearing on that date was not found at the residence'. That must mean that someone reported the clothing she had worn that day and it was never found at the residence.
On the issue of tape residue on her legs: 'Plaintiffs then allege that Defendants initially bound Rebecca using adhesive tape, based on the tape residue found on her legs, where no similar adhesive was found at the scene.'
Both of these last two issues speak to '....each of the Defendants also kept watch to avoid detection and removed evidence of the acts which they committed, including wiping down objects they had touched in order to remove DNA and finger prints'.