Wrongful Death Suit filed Nov. 13, 2013 in California, #4

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Thanks, K_Z for providing the link above. :)

Also reported on NBC San Diego

The court is expected to issue a tentative ruling for Friday's hearing in the Zahau case, denying the defendants' motions to dismiss the case, and ordering them to answer the complaint within 20 days, said Keith Greer, the Zahau Family Attorney.

"They want closure. They really want closure. they want all the facts...they really want to know what happened to their sister," Greer told NBC 7. The judge is expected to overrule all requests to dismiss the case and set a trial date Friday, he said.

http://www.nbcsandiego.com/news/loc...eath-Lawsuit-Will-Go-to-Trial--371756572.html
 
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN DIEGOHALL OF JUSTICE
TENTATIVE RULINGS - March 10, 2016

CASE NO.: 37-2013-00075418-CU-PO-CTL
CASE TITLE: ESTATE OF REBECCA ZAHAU VS. SHACKNAI [IMAGED]

CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Demurrer / Motion to Strike

CASE TYPE: PI/PD/WD - Other

CAUSAL DOCUMENT/DATE FILED: Demurrer, 06/25/2015

The demurrers to the second amended complaint ("SAC"), filed by defendants Adam Shacknai, Dina Shacknai, and Nina Romano are overruled. Defendants have 20 days to file their answers.

http://www.sandiego.courts.ca.gov/v...CU-PO-CTL&SelDates=03/11/2016&EventId=1547587
 
Snipped paragraph from Tentative Ruling 3/10/2016 -

While the SAC does concede that there is no direct, physical evidence (SAC ¶ 32), it does not say thatthere is no evidence at all. Further, allegations on information and belief are appropriate where the factsare not necessarily within the plaintiff's personal knowledge. See, e.g., Pridonoff v. Balokovich (1951) 36Cal.2d 788, 792 (overruling order sustaining a demurrer where plaintiff alleged on information and beliefthat he lost employment due to defamatory statements). Assuming the allegations here are true, merelyfor purpose of weighing the sufficiency of the SAC, it is evident that defendants alone would knowwhether the events transpired as alleged. Under these circumstances, plaintiffs have to rely oncircumstantial evidence. Among other things, plaintiffs allege that defendants were at the house aroundthe time of Rebecca's death, Dina and Nina had a reason to be upset with Rebecca, the manner ofdeath was more consistent with strangulation than hanging, and someone of Adam's height painted amessage on a door. Again for pleading purposes alone, Plaintiffs have adequately alleged factual basesfor their allegations.
 
So if they are (hopefully) setting a trial date, would this be the appropriate time for Dina to file a motion for summary judgment?
 
well then I guess their demurrer wasn't so "fascinatingly brilliant" after all then, was it? Or do we blame the judge now for not recognizing obvious genious? *cough cough*
 
Can't help but notice that left-handed lucy has not been here...the silence is deafening. Planning a move out of the country perhaps? (To a non-extraditing country, of course, perhaps Burma :laughing:)

I always find it interesting to read the comments at the end of news articles. ;)
 
This is happening in the courthouse on W Broadway?

And the public can attend?
 
Elated for the Zahau family - Keep on fighting for justice!

:yourock:

Rebecca's birthday is Tuesday, the 15th, Happy early birthday Rebecca!
 
Another long year for the Zahau family! The worst part being how many more times will Dina take them to court for nothing? I hope the judge is fed up with her tactics and can put a stop to it.

The Zahau's do not deserve the expense, the worry, or the nuisance that Dina causes! I bet we have seen nothing compared to what she will pull now that a trial is in her future.

This will never go to trial, she will settle at the last second because she will not give a jury the chance to control her life. Or, put another way, tell her what to do!

My opinions only.
 
More media picking up the story, and updates to earlier stories:

Rebecca Zahau wrongful death lawsuit heads to trial

A wrongful death lawsuit filed by the family of Rebecca Zahau will head to trial, a judge ruled Friday afternoon.

Judge Katherine Bacal set trial for March 10, 2017.

http://www.10news.com/news/judge-zahau-wrongful-death-case-can-go-forward-031016
Ruling in Coronado Mansion Wrongful Death Lawsuit

A wrongful death lawsuit brought by the family of a woman found bound, naked and hanging from the balcony of Coronado's Spreckles Mansion will proceed to a jury trial. NBC 7's Wendy Fry reports.

San Diego Judge Katherine Bacal ruled Friday to allow a civil lawsuit filed by the family of Rebecca Zahau to proceed to trial.

Bacal said the lawsuit was "a difficult case, a very difficult case for the court."


Source: http://www.nbcsandiego.com/news/local/Coronado-Wrongful-Death-Lawsuit-Will-Go-to-

http://www.10news.com/news/judge-zahau-wrongful-death-case-can-go-forward-031016

**2-3 min video of court proceedings in this ^article.

Rebecca Zahau wrongful death lawsuit will go to trial

SAN DIEGO (CNS) - A wrongful death lawsuit filed by the family of Rebecca Zahau, who was found naked and hanging from a second-story balcony of a Coronado mansion on July 13, 2011, can proceed to trial, a San Diego Superior Court judge ruled Friday.

http://www.cbs8.com/story/31451134/rebecca-zahau-wrongful-death-lawsuit-will-go-to-trial

Judge Says Zahau Wrongful Death Case Can Go Forward

Read more: http://www.kogo.com/articles/kogo-l...u-wrongful-death-case-14483424/#ixzz42eX1qaRO

Judge: Lawsuit in Spreckels mansion death can proceed
A jury trial has been scheduled for next year

http://www.sandiegouniontribune.com/news/2016/mar/11/judge-coronado-mansion-death-ruling/

Judge rules lawsuit about Coronado mansion hanging can go to trial

http://fox5sandiego.com/2016/03/11/...out-coronado-mansion-hanging-can-go-to-trial/

Hopefully, the case is picked up by national media again. (Usually takes 24-48 hours for the web crawlers to pick it up.)

This was a good day for justice!
 
This video is from yesterday. Linking it for those who may have missed it.

[video=youtube;HamwcKaWhtI]https://www.youtube.com/watch?v=HamwcKaWhtI[/video]
 
This is an old news report, but it's a nice summary of the case, and it also includes WS member Cynic's computer drawings of the blows to Rebecca's head. (Good job, cynic!)

[video=youtube;w2trjX7Irc8]https://www.youtube.com/watch?v=w2trjX7Irc8[/video]
 
Trial date and pre-trial conference added to case docket on SD ROA, along with new entries #318-325: (somewhat out of order-- last entry was 311)

01/27/2017 10:30 AM C-69 Trial Readiness Conference (Civil)
03/10/2017 08:40 AM C-69 Civil Jury Trial
325 03/11/2016 Minutes finalized for Multiple Events heard 03/11/2016 01:30:00 PM.

324 03/11/2016 Summary Judgment / Summary Adjudication (Civil) scheduled for 01/13/2017 at 01:30PM before Judge Katherine Bacal.

323 03/11/2016 Summary Judgment / Summary Adjudication (Civil) scheduled for 01/13/2017 at 01:30PM before Judge Katherine Bacal.

322 03/11/2016 Summary Judgment / Summary Adjudication (Civil) continued pursuant to Court's motion to 01/13/2017 at 01:30PM before Judge Katherine Bacal.

321 03/11/2016 Jury demanded by all parties.

320 03/11/2016 Civil Jury Trial scheduled for 03/10/2017 at 08:40AM before Judge Katherine Bacal.

319 03/11/2016 Trial Readiness Conference (Civil) scheduled for 01/27/2017 at 10:30AM before Judge Katherine Bacal.

318 03/11/2016 Pursuant to California Rules of Court 3.714, the Court, after having met and conferred with counsel, deems this case as 'exceptional' and orders the case exempt from the case disposition time goals and a case progression plan is set forth, with the goal of disposing the case within 3 years
.

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
Case Number: 37-2013-00075418-CU-PO-CTL

BBM-- #318 is particularly interesting!

I expect the trial date to be rescheduled several times, but now we have a trial date set, so it won't be "un-set", just re-scheduled.

** No documents to read yet with the new entries. Maybe in a day or so.
 
318 03/11/2016 Pursuant to California Rules of Court 3.714, the Court, after having met and conferred with counsel, deems this case as 'exceptional' and orders the case exempt from the case disposition time goals and a case progression plan is set forth, with the goal of disposing the case within 3 years.

From the SD ROA-- definition of an "exceptional case", and statute:

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_714

2016 California Rules of Court
Rule 3.714. Differentiation of cases to achieve goals

(c) Exemption of exceptional cases

(1)The court may in the interest of justice exempt a general civil case from the case disposition time goals under rule 3.713(b) if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court is guided by rules 3.715 and 3.400.

(2) If the court exempts the case from the case disposition time goals, the court must establish a case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with the goal of disposing of the case within three years.

(Subd (c) amended effective January 1, 2007; adopted as subd (d); previously amended effective January 1, 2000, and July 1, 2002; previously amended and relettered as subd (c) effective January 1, 2004.)
 
More media picking up the story, and updates to earlier stories:




http://www.sandiegouniontribune.com/news/2016/mar/11/judge-coronado-mansion-death-ruling/



http://fox5sandiego.com/2016/03/11/...out-coronado-mansion-hanging-can-go-to-trial/

Hopefully, the case is picked up by national media again. (Usually takes 24-48 hours for the web crawlers to pick it up.)

This was a good day for justice!



Interestingly enough, there has been nothing picked up by Phoenix area news groups as of yet. Imagine that - after all, this is where Dina lives. I guess her cast of characters (think Maxies House board of directors) are using their powers of protection to continue with the thinly veiled portrayal of Dina as the former charity maven of Paradise Valley. Soon to be.......well, I will leave that unsaid.

Very, very happy that the judge in San Diego wasn't swayed by the gymnastics put out by the defendants. An open note to Dina, simply offer up your rock solid alibi or be ready for what's coming your way.
 
Another long year for the Zahau family! The worst part being how many more times will Dina take them to court for nothing? I hope the judge is fed up with her tactics and can put a stop to it.

The Zahau's do not deserve the expense, the worry, or the nuisance that Dina causes! I bet we have seen nothing compared to what she will pull now that a trial is in her future.

This will never go to trial, she will settle at the last second because she will not give a jury the chance to control her life. Or, put another way, tell her what to do!

My opinions only.
I personally believe she (or shall I say Chubb) will settle prior to the SDSO deciding to reopen Rebecca's case. I will ask anyone who might know again, should Dina be charged and convicted of murder, can Chubb claw back from Dina any potential settlement funds paid on her behalf?
 

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