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

[justice be served]

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'.

 

[justice be served]

Document 131 posted by Zahau family attorney to San Diego Superior Court on 4.20.15 in preparation for the 5.1.15 hearing.

https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805276624.pdf

Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Adam Shacknai's Motion for Judgment on the Pleadings

Addresses:

The claims for wrongful death, assault and battery and negligence are not time barred.
Plaintiffs have pled sufficient facts to sustain their claim for conversion.
Plaintiffs pled sufficient facts for all other claims.
Plaintiffs' property plead a wrongful death claim.
Assault and battery is adequately pled.
Negligence is adequately pled.

 

[*Lash*]

KZ, I was thinking the same. How Dr. Melinek cited the LHK forum in her expert report. I didn't think about the closeness in the dates to the Wiki editing and the doctors report. Wow, the doctors report is dated 7/16/2012. The Wiki editing is 8/08/2012. A lot to ponder considering the forum sources were PROVIDED to the doctor as indicated in the report. The doctor did not just happen upon the forum. I wonder what the Zahau attorneys could uncover by examining this further? The Wiki editor could be deposed. I'm sure the IP address of the poster who made the disturbing unsourced edits could be recovered. I wonder if the Zahau attorneys know or knew about this Wiki editing? Interesting to say the least!

Dr. Melinek's complete report - source UTSanDiego, look at the source date in their link, 8/06/2012!

http://media.utsandiego.com/news/documents/2012/08/06/Dr.Melinek_Report.txt

 

[justice be served]

Document 132 posted by Zahau family attorney to San Diego Superior Court on 4.20.15 in preparation for the 5.1.15 hearing.

https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805280936.pdf

Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Nina Romano's Demurrer to the First Amended Complaint

This is very similar, to my layman's eyes, to 131.

I do want to point out again this item (bbm): 'Plaintiffs specifically allege that the unreasonably offensive and harmful touching occurred throughout the night of Rebecca's murder at 1040 Ocean Boulevard, where all Defendants were present (citing), which included stalking, attacking, choking, gagging, binding and hanging Rebecca Zahau, in an effort to silence her and keep her from disclosing matters embarrassing to the Shacknai and Romano family (citings). That inference IMO references the true facts about Max Shacknai's death that Rebecca knew but was silenced from speaking about. IMO.

 

[justice be served]

Does anyone here have proof that Dina is connected with this website, other that citing it as a source? NO? Didn't think so. Just more speculation to sully the reputation of an innocent mother who lost her child tragically. IMO, Dina would be much smarter than to not site sources.

The fact that the Zahaus tried to control the media and wiki, before the investigation was even finished and bearly begun, says so much about their intentions.

And now that we see in black and whilte in their last filing that they are willing to SETTLE FOR MONEY just proves this was NEVER about justice for their sister. These people are willing to do whatever it takes - no matter who they hurt - to make some CASH. Absolutly disgusting.

Funny how no one wants to discuss THAT!

BBM. I am happy to discuss that. If you are referencing the Zahau attorney Greer Case Management Statement, it is simply indicating that they are open to ADR (Alternative Dispute Resolution). Within ADR - and not exclusive of it - is that WITH ADR, Zahau attorneys are willing to participate in settlement conferences. This by no means indicates that they are looking for a settlement. This addresses only Alternative Dispute Resolution processes. That is a very prudent step to take unless you are willing to let the defendants drain you for 2-3 years (which is what Dina Shacknai attorney is presenting as the case duration).

 

[bourne]

K_Z, yes!!! I remember thinking Dina was none to bright in directing Melinek to that sight. Even worse was Melinek using it! It was jaw dropping a "Dr." would cite that racist site. OMG

bourne...thank you soooo much for finding the changes on WiKi!!!!

I see a clear pattern of narcissism involved in someone who would boldly author their “murderous work" (e.g., writing in 3rd person on a bedroom door, "SHE SAVED HIM CAN YOU SAVE HER" -- this is evidently meant as a warning slap to Jonah who had informed Dina Rebecca had saved Max by giving him CPR, which to this day, Dina and her twin Nina have continuously called the CPR into question in the media…

And we have seen and continue to see the incessant narcissism of someone posting deranged, unsourced comments on public websites such as WS, LHK and even on WIKIPEDIA!

Way back when this case was first brought to light, we had a discussion about the HUBRIS the murderer must have to BOLDLY go to such ELABORATE, DETAILED, STEP-BY-STEP, LUDICROUS LENGTHS of TYING, BINDING Rebecca's hands and feet, GAGGING, to not only torture but HANG Rebecca in a publicly visible courtyard and in the nude too, but to STRETCH THE ROPE from a bed leg over a balcony railing, setting up crime scene with multiple knives/paintbrushes, AND BLACK BOLD PAINTING on the bedroom door in the 3rd person taunting Jonah, etc.

And then for Dina to show up at the crime scene the next morning (half covering her face as she entered the Spreckels mansion door but the hunchback posture is distinctive of Dina), hobnobbing with the cops, cutting through the crime scene tape to so-call "identify" Rebecca the murdered victim for the police (and potentially plant more "suicide" evidence/supplant "suicide" theory to the cops -- likely crying pity for herself at the crime scene -- "poor me, Max's mom, my child is near death due to Rebecca, that is why Rebecca did this to herself"...Can there be more narcissistic behavior than that?

Oh yes, there can because this same woman with the prominent hunch back then wears a bowtie behind her vest as if to call attention to her signature wrist- and leg- binding of Rebecca at the murder scene. (It might have been a Freudian slip on her part, but given all that we know of her, I think Dina did it INTENTIONALLY just as murderers with "MO" do and the narcissistic ones also revisit their crime scene in order to "savor" their kills and taunt and jeer at the police and victim's family and friends -- in this case, Rebecca's lover, Jonah).

I believe it is self-evident who that narcissistic, attention-seeking murderer is, and her perpetual pattern of narcissistic, illogical, convoluted behavior continues to today as she apparently is not done screaming loudly to the world what she apparently believed was a "brilliant" murder because she was able to FOOL/MANIPULATE/DECEIVE Sheriff Gore and the SD ME into believing Rebecca's "violent, suspicious death" was a 'suicide'.

Let's not forget that Dina went through the "pretentious circus" of the media circuit, including publicly accusing a minor, Rebecca's teen sis, of "causing the homicide of Max" without any proof and getting a so-called bogus NONSCIENTIFIC "expert report" slanting information given by her biomechanics expert to confirm her bogus claims about Rebecca and XZ, and then alleging time and time again that XZ is Rebecca's "daughter", and now we also find Dina in her convoluted logic asking the courts to force Rebecca's mother, Mrs. Zahau to prove “maternity” of XZ...Wow. That just takes an inordinate amount of absurd gumption and narcissism, correct?

I can go on and on, but I think we all get the picture about the narcissistic MURDERER who still is roaming the world FREE and REMORSELESSLY to strike again at other innocent victims.

 

[bourne]

Document 131 posted by Zahau family attorney to San Diego Superior Court on 4.20.15 in preparation for the 5.1.15 hearing.

https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805276624.pdf

Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Adam Shacknai's Motion for Judgment on the Pleadings

Addresses:

The claims for wrongful death, assault and battery and negligence are not time barred.
Plaintiffs have pled sufficient facts to sustain their claim for conversion.
Plaintiffs pled sufficient facts for all other claims.
Plaintiffs' property plead a wrongful death claim.
Assault and battery is adequately pled.
Negligence is adequately pled.

Thanks Justice Be Served. Excellent job again!

I want to highlight the issue about tolling. The document clearly and cogently argues for the validity of tolling in the Zahau WDS:

"The Complaint sufficiently pleads the basis for eguitable tolling.
Equitable tolling stops the statute of limitations from expiring when a plaintiff has remedies in addition to state court. (Mojica v. 4311 Wilshire, LLC (2005) 131 Cal.App.4th 1069, 1073). Equitable tolling has three elements. (Id.) First, timely notice to the defendant of the claim within the statutory period; ordinarily, such notice occurs when the plaintiff files in the other forum. Second, lack ofprejudice to the defendant in gathering and preserving evidence for its defense. And, third, the plaintiffs reasonableness and good faith in pursuing the claim in the other forum. "

Great job, Atty Greer! I'm truly liking this lawyer who evidently not only understands the letter of the law, but also the underlying nature and premise of the law and the concept of JUSTICE. THANK YOU Atty Greer!

 

[screecher]

Snipped

...These people are willing to do whatever it takes - no matter who they hurt - to make some CASH. Absolutly disgusting.

Funny how no one wants to discuss THAT!

Zahau’s family insists she was murdered, but detectives refute such claims, as do Rebecca's haters and IMO, her murderers.

Dina believes there’s more to Max’s death, too, as do many posters including posters who believe Rebecca was murdered.

“It’s still my job to find out what really happened to him. Isn’t it?” she said.

Dina has an ongoing wrongful death suit against Maxie's Dad. One might state she is willing to do whatever it takes - no matter how much she hurts him - to make some CASH. Absolutely disgusting.

Why is it Rebecca and her family are called gold diggers? Why are they not deserving of the same answers as Dina? Why is it acceptable to question what happened to Max but not Rebecca without being called names or accused of being envious of wealthy people?

 

[screecher]

I see a clear pattern of narcissism involved in someone who would boldly author their “murderous work" (e.g., writing in 3rd person on a bedroom door, "SHE SAVED HIM CAN YOU SAVE HER" -- this is evidently meant as a warning slap to Jonah who had informed Dina Rebecca had saved Max by giving him CPR, which to this day, Dina and her twin Nina have continuously called the CPR into question in the media…

And we have seen and continue to see the incessant narcissism of someone posting deranged, unsourced comments on public websites such as WS, LHK and even on WIKIPEDIA!

Way back when this case was first brought to light, we had a discussion about the HUBRIS the murderer must have to BOLDLY go to such ELABORATE, DETAILED, STEP-BY-STEP, LUDICROUS LENGTHS of TYING, BINDING Rebecca's hands and feet, GAGGING, to not only torture but HANG Rebecca in a publicly visible courtyard and in the nude too, but to STRETCH THE ROPE from a bed leg over a balcony railing, setting up crime scene with multiple knives/paintbrushes, AND BLACK BOLD PAINTING on the bedroom door in the 3rd person taunting Jonah, etc.

And then for Dina to show up at the crime scene the next morning (half covering her face as she entered the Spreckels mansion door but the hunchback posture is distinctive of Dina), hobnobbing with the cops, cutting through the crime scene tape to so-call "identify" Rebecca the murdered victim for the police (and potentially plant more "suicide" evidence/supplant "suicide" theory to the cops -- likely crying pity for herself at the crime scene -- "poor me, Max's mom, my child is near death due to Rebecca, that is why Rebecca did this to herself"...Can there be more narcissistic behavior than that?

Oh yes, there can because this same woman with the prominent hunch back then wears a bowtie behind her vest as if to call attention to her signature wrist- and leg- binding of Rebecca at the murder scene. (It might have been a Freudian slip on her part, but given all that we know of her, I think Dina did it INTENTIONALLY just as murderers with "MO" do and the narcissistic ones also revisit their crime scene in order to "savor" their kills and taunt and jeer at the police and victim's family and friends -- in this case, Rebecca's lover, Jonah).

I believe it is self-evident who that narcissistic, attention-seeking murderer is, and her perpetual pattern of narcissistic, illogical, convoluted behavior continues to today as she apparently is not done screaming loudly to the world what she apparently believed was a "brilliant" murder because she was able to FOOL/MANIPULATE/DECEIVE Sheriff Gore and the SD ME into believing Rebecca's "violent, suspicious death" was a 'suicide'.

Let's not forget that Dina went through the "pretentious circus" of the media circuit, including publicly accusing a minor, Rebecca's teen sis, of "causing the homicide of Max" without any proof and getting a so-called bogus NONSCIENTIFIC "expert report" slanting information given by her biomechanics expert to confirm her bogus claims about Rebecca and XZ, and then alleging time and time again that XZ is Rebecca's "daughter", and now we also find Dina in her convoluted logic asking the courts to force Rebecca's mother, Mrs. Zahau to prove “maternity” of XZ...Wow. That just takes an inordinate amount of absurd gumption and narcissism, correct?

I can go on and on, but I think we all get the picture about the narcissistic MURDERER who still is roaming the world FREE and REMORSELESSLY to strike again at other innocent victims.

Yeah, and don't forget the lying, while pleading her case, to the Coronado board for Maxie's case to be reopened. Remember now, she was a homeowner, a doctor and a scientist ! Oh! And the blood-red heart formed from a tube of paint used as a place holder for her 'foundation' to honor her little Maxie? Yep. Might just as well used blood-red ski-tow rope!

 

[bourne]

Yeah, and don't forget the lying, while pleading her case, to the Coronado board for Maxie's case to be reopened. Remember now, she was a homeowner, a doctor and a scientist ! Oh! And the blood-red heart formed from a tube of paint used as a place holder for her 'foundation' to honor her little Maxie? Yep. Might just as well used blood-red ski-tow rope!

Does anyone have a pic of that placeholder? You are so right! I recall the heart being outlined by what looked like a twisting red tow boat rope and a paint tube in pic too! The narcissistic arrogance of a killer taunting the victim's family and the victim's lover/killer's ex-husband Jonah.

All this physical evidence can be brought up during the trial to show the pattern of narcissistic, heartless behaviors of the remorseless killer.

 

[inthedark14]

Does anyone have a pic of that placeholder? You are so right! I recall the heart being outlined by what looked like a twisting red tow boat rope and a paint tube in pic too! The narcissistic arrogance of a killer taunting the victim's family and the victim's lover/killer's ex-husband Jonah.

All this physical evidence can be brought up during the trial to show the pattern of narcissistic, heartless behaviors of the remorseless killer.

I have it on my desktop at home. It should be around here somewhere too.

I'll check after work.

Thanks for all the updates everyone!

 

[screecher]

And you know, Dina picked the color RED for a reason...an in your face statement. Not only was the rope red, there was the cup, blanket, dog-bone, all red.

 

[time]

It appears to me that a similar wiki 'editor' using only their IP address as an ID has been working on Anne Bremner's Wiki page concerning the Zahau case as recently as yesterday.

 

[time]

KZ, I was thinking the same. How Dr. Melinek cited the LHK forum in her expert report. I didn't think about the closeness in the dates to the Wiki editing and the doctors report. Wow, the doctors report is dated 7/16/2012. The Wiki editing is 8/08/2012. A lot to ponder considering the forum sources were PROVIDED to the doctor as indicated in the report. The doctor did not just happen upon the forum. I wonder what the Zahau attorneys could uncover by examining this further? The Wiki editor could be deposed. I'm sure the IP address of the poster who made the disturbing unsourced edits could be recovered. I wonder if the Zahau attorneys know or knew about this Wiki editing? Interesting to say the least!

Dr. Melinek's complete report - source UTSanDiego, look at the source date in their link, 8/06/2012!

http://media.utsandiego.com/news/documents/2012/08/06/Dr.Melinek_Report.txt

Thank you *Lash* for laying out the dates. I would think if a connection can be proven further with identification of who is using the moniker LHK that would be powerful evidence for the attorneys of manipulation and possibly speak to motive... as you state, they would already have a big part of it since Dina referred Melinek to the LHK page, Melinek cites LHK, and the moniker LHK is used to influence a public page around the same dates. It's also interesting to see what was added or deleted. I think it's enough to call the person as a witness.

 

[justice be served]

Does anyone have a pic of that placeholder? You are so right! I recall the heart being outlined by what looked like a twisting red tow boat rope and a paint tube in pic too! The narcissistic arrogance of a killer taunting the victim's family and the victim's lover/killer's ex-husband Jonah.

All this physical evidence can be brought up during the trial to show the pattern of narcissistic, heartless behaviors of the remorseless killer.

http://www.websleuths.com/forums/attachment.php?attachmentid=26101&stc=1&d=1346076772

This is the original Maxies House page. Creepy huh?

 

[screecher]

It appears to me that a similar wiki 'editor' using only their IP address as an ID has been working on Anne Bremner's Wiki page concerning the Zahau case as recently as yesterday.

Holy Hell.

 

[time]

Holy Hell.

I just noticed that wiki "editor" also edited the Zahau page under the same IP/Moniker

 

[BBL]

Wow is right on that Wiki page. I find it very telling that "someone" is still trying to manipulate the facts.

http://en.wikipedia.org/wiki/User_talk:12.180.133.18

They got slapped for it too. A few comments from the wiki editor:

" Please stop adding unreferenced or poorly referenced biographical content, especially if controversial, to articles or any other Wikipedia page, as you did at Anne Bremner. Content of this nature could be regarded as defamatory and is in violation of Wikipedia policy. If you continue, you may be blocked from editing Wikipedia. Bbb23 (talk) 04:40, 23 April 2015 (UTC)"

"If this is a shared IP address, and you did not make the edits, consider creating an account for yourself so you can avoid further irrelevant notices.
Be specific in what you claim is unreferenced. 12.180.133.18 (talk) 04:41, 23 April 2015 (UTC)"

"Stop icon You may be blocked from editing without further warning the next time you violate Wikipedia's biographies of living persons policy by inserting unsourced or poorly sourced defamatory or otherwise controversial content into an article or any other Wikipedia page, as you did at Anne Bremner. Bbb23 (talk) 04:54, 23 April 2015 (UTC)

If this is a shared IP address, and you did not make the edits, consider creating an account for yourself so you can avoid further irrelevant notices.
Stop icon"

"Your recent editing history at Anne Bremner shows that you are currently engaged in an edit war. To resolve the content dispute, please do not revert or change the edits of others when you get reverted. Instead of reverting, please use the article's talk page to work toward making a version that represents consensus among editors. The best practice at this stage is to discuss, not edit-war. See BRD for how this is done. If discussions reach an impasse, you can then post a request for help at a relevant noticeboard or seek dispute resolution. In some cases, you may wish to request temporary page protection."

 

[K_Z]

Even more interesting, regarding the edit war on the Zahau wiki page, is that there was no activity on the page from Dec 22, 2014, until yesterday (23 Apr 2015).

 

[K_Z]

It appears to me that a similar wiki 'editor' using only their IP address as an ID has been working on Anne Bremner's Wiki page concerning the Zahau case as recently as yesterday.

Wow. AB hasn't been involved with this case in years. Now that's quite a vendetta, IMO! It always impresses me (though not in a good way, lol!), when someone can carry a spiteful grudge for years over pretty much nothing.