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

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Good points Betty P, Lash, KZ, waitaminute, etc.! The demurrers were all weak and point towards trivial technicalities of no import, such as the time the Zahau complaint said Dina and Nina were present at the Spreckels mansion; something easily cleared up by the times given as Tues pm to Wed am...

As with all murder cases, theory is based on the evidence provided by LE and the ME, however limited it may be but that is not the fault of the Zahaus, it's the fault of LE and ME for deficiencies in investigation, evidence collection and analyses.

Fortunately, in a WDS, a civil suit, the verdict/outcome of the case is dependent upon the *Preponderance* of evidence (slightly more than 50%), not beyond a reasonable doubt. In the Zahau case, there is significant preponderance of evidence that the *Three Elements of Murder* are present: 1) Motive; 2) Opportunity; and 3) Means for each of the three defendants, Dina, Nina and Adam.

Obviously the strongest motive for murder belongs to Dina who not only had a documented *History* of physical violence as evidenced by 5-6 years worth of police reports wherein she tried to strangle and choke her own husband Jonah, and also there are witnesses who saw Dina stalk, publicly harassed and assaulted Rebecca at a party. There is also evidence by Dina herself wherein she sought investigative reports on Rebecca's "criminal history" but all Dina discovered was one shoplifting charge. In addition, the bitter resentment, anger and wrath, is evident in Dina's continual pursuit of hatred towards Rebecca and the Zahau family since Rebecca came into the picture and through today and onward...This is clearly seen in Dina's own perpetration of media circus wherein she publicly accused Rebecca and Rebecca's teenage sis XZ of "torpedoeing" Max to his braindeath and caused his "homicide".

PLUS Dina hated and despised Rebecca with a vengeance because Dina believed that Rebecca, an "Asian golddigger" "stole" her husband Jonah from her (and in so doing, Dina believed Rebecca caused Dina to lose her $money bag wealth, prestige, status and social network), and the precipitating event which caused Dina to go over the edge to murder is that Rebecca critically injured and caused the braindeath of Dina's one and only son Max (which meant Dina lost her single biological attachment to Jonah after their divorce and could no longer reap the financial and other benefits for child custody).

Opportunity - Dina "vanished" for the entire day of Tuesday from 6am till Wednesday morning 7am from the hospital where her dying son lied in the bed. Plus Dina was physically seen by a family of "eyewitnesses" at the Spreckels mansion around time of 11pm Tuesday Rebecca was killed. Plus earwitnesses physically heard a woman yell out for help around that same time of 11pm Tuesday. Yet Dina continued to "lie" about "sitting vigil by Max's bedside"...A good juror would ask "Why did Dina lie"? And "Where is her ironclad alibi of eyewitnesses at the hospital during the critical time period when Rebecca was sadistically tortured and hung"? Also, even in Dina's own demurrer, her lawyers seem to tacitly agree that Dina was physically present at the Spreckels mansion Tuesday 11pm!!!!!

Means - Dina grew up with Navy dad who taught her and her fraternal twin sister how to sail. This means Dina and Nina were taught how to tie nautical knots. Also Dina's dad owned a moving company so Dina and Nina certainly learned how to bind things together, such as tying rope to bedleg and the noose around Rebecca's neck.

I can go on and on with the plentitude of physical evidence. But any reasonable juror and judge can easily put 2 and 2 together and see that there is more than a "preponderance" of evidence that Dina and Nina murdered Rebecca.
 
Good points Betty P, Lash, KZ, waitaminute, etc.! The demurrers were all weak and point towards trivial technicalities of no import, such as the time the Zahau complaint said Dina and Nina were present at the Spreckels mansion; something easily cleared up by the times given as Tues pm to Wed am...

As with all murder cases, theory is based on the evidence provided by LE and the ME, however limited it may be but that is not the fault of the Zahaus, it's the fault of LE and ME for deficiencies in investigation, evidence collection and analyses.

Fortunately, in a WDS, a civil suit, the verdict/outcome of the case is dependent upon the *Preponderance* of evidence (slightly more than 50%), not beyond a reasonable doubt. In the Zahau case, there is significant preponderance of evidence that the *Three Elements of Murder* are present: 1) Motive; 2) Opportunity; and 3) Means for each of the three defendants, Dina, Nina and Adam.

Obviously the strongest motive for murder belongs to Dina who not only had a documented *History* of physical violence as evidenced by 5-6 years worth of police reports wherein she tried to strangle and choke her own husband Jonah, and also there are witnesses who saw Dina stalk, publicly harassed and assaulted Rebecca at a party. There is also evidence by Dina herself wherein she sought investigative reports on Rebecca's "criminal history" but all Dina discovered was one shoplifting charge. In addition, the bitter resentment, anger and wrath, is evident in Dina's continual pursuit of hatred towards Rebecca and the Zahau family since Rebecca came into the picture and through today and onward...This is clearly seen in Dina's own perpetration of media circus wherein she publicly accused Rebecca and Rebecca's teenage sis XZ of "torpedoeing" Max to his braindeath and caused his "homicide".

PLUS Dina hated and despised Rebecca with a vengeance because Dina believed that Rebecca, an "Asian golddigger" "stole" her husband Jonah from her (and in so doing, Dina believed Rebecca caused Dina to lose her $money bag wealth, prestige, status and social network), and the precipitating event which caused Dina to go over the edge to murder is that Rebecca critically injured and caused the braindeath of Dina's one and only son Max (which meant Dina lost her single biological attachment to Jonah after their divorce and could no longer reap the financial and other benefits for child custody).

Opportunity - Dina "vanished" for the entire day of Tuesday from 6am till Wednesday morning 7am from the hospital where her dying son lied in the bed. Plus Dina was physically seen by a family of "eyewitnesses" at the Spreckels mansion around time of 11pm Tuesday Rebecca was killed. Plus earwitnesses physically heard a woman yell out for help around that same time of 11pm Tuesday. Yet Dina continued to "lie" about "sitting vigil by Max's bedside"...A good juror would ask "Why did Dina lie"? And "Where is her ironclad alibi of eyewitnesses at the hospital during the critical time period when Rebecca was sadistically tortured and hung"? Also, even in Dina's own demurrer, her lawyers seem to tacitly agree that Dina was physically present at the Spreckels mansion Tuesday 11pm!!!!!

Means - Dina grew up with Navy dad who taught her and her fraternal twin sister how to sail. This means Dina and Nina were taught how to tie nautical knots. Also Dina's dad owned a moving company so Dina and Nina certainly learned how to bind things together, such as tying rope to bedleg and the noose around Rebecca's neck.

I can go on and on with the plentitude of physical evidence. But any reasonable juror and judge can easily put 2 and 2 together and see that there is more than a "preponderance" of evidence that Dina and Nina murdered Rebecca.

Wow, just wow, Bourne, an excellent post and one that, to me, seems to be cogent and rational. And there hasn't been much that I have found to be rational in all of law enforcement's investigation and findings to date. I believe that the house of cards that the defense has erected is about to collapse.
 
The thing that really concerns me about this case is the lack of collected and/or tested evidence. If it makes it to a jury, it could be a problem, because from everything I hear, these days juries want clear-cut forensics and a "smoking gun" before they're willing to judge against a defendant. I realize this is a civil vs. a criminal case, but it still concerns me.

I hope the Zahau lawyers are planning to call every "investigator" who worked the death scene, because they need to build a case against LE at the same time they're building one against the murderer(s).

I also hope the Zahau attorneys understand how easy it will be to bring the defendant(s) to the boiling point to demonstrate to the jury what Rebecca was facing on the night she was killed.

If anyone here has any thoughts on how this could play out in the Zahaus' favor in court, I'd love to hear it. I can't help but think LE's overt and complete cooperation with the cover up has ruined the Zahaus' opportunity to get justice for Rebecca.
 
I fear the same, I hope I am wrong

The thing that really concerns me about this case is the lack of collected and/or tested evidence. If it makes it to a jury, it could be a problem, because from everything I hear, these days juries want clear-cut forensics and a "smoking gun" before they're willing to judge against a defendant. I realize this is a civil vs. a criminal case, but it still concerns me.

I hope the Zahau lawyers are planning to call every "investigator" who worked the death scene, because they need to build a case against LE at the same time they're building one against the murderer(s).

I also hope the Zahau attorneys understand how easy it will be to bring the defendant(s) to the boiling point to demonstrate to the jury what Rebecca was facing on the night she was killed.

If anyone here has any thoughts on how this could play out in the Zahaus' favor in court, I'd love to hear it. I can't help but think LE's overt and complete cooperation with the cover up has ruined the Zahaus' opportunity to get justice for Rebecca.
 
New entry #274 on the San Diego ROA (but no document to read).

Seems Neil Nalepa has a few more things to let the court know about, ahead of his hearing Feb 26 for a Protective Order, and to quash a deposition subpoena.

274 02/10/2016 Notice - Other (AMENDED NOTICE OF MOTION FOR PROTECTIVE ORDER AND TO QUASH DEPOSITION SUBPOENA OF THIRD PARTY WITNESS) filed by Nalepa, Neil. Nalepa, Neil (Interested Party)

I think he will get both from Judge Bacal-- the Protective Order, and an order to quash the deposition subpoena, which is almost certainly from Dina. He just isn't relevant to any of the defendants defending themselves, IMO. This is just pure spite and harassment, IMO-- just like the subpoena for Lisa Luber from Dina. That one was easily quashed, too.

The witty poster upthread is right-- the dog, Ocean, will probably be subpoenaed by Dina next, lol! (But he'd be a "hostile" witness, KWIM?!)
 
Thank you, bessie! Those open for me just fine.

Very much appreciate your help putting together a library thread that will eventually hold all of the documents we have available. That way, anyone who is interested can read the source documents. It will be great to have that all in one spot!

:tyou:
 
Six new entries on the San Diego ROA, #274-279.

279 02/10/2016 Proof of Service by Mail (of Reply in Support of Demurrer and Supporting Documents; Case Management Statement) filed by Shacknai, Adam. Shacknai, Adam (Defendant) of Reply in Support of Demurrer and Supporting Documents; Case Management Statement

278 02/10/2016 Notice of Change of Address / Telephone Number filed by Shacknai, Adam. Shacknai, Adam (Defendant) Notice of Change of Address

277 02/10/2016 Case Management Statement filed by Shacknai, Adam. Shacknai, Adam (Defendant) Case Management Statement

276 02/10/2016 Declaration - Other (of Krista M Enns in Support of Defendant Adam Shacknais Reply in Support of His Demurrer to Plaintiffs Second Amended Complaint) filed by Shacknai, Adam. Shacknai, Adam (Defendant) of Krista M Enns in Support of Defendant Adam Shacknais Reply in Support of His Demurrer to Plaintiffs Second Amended Complaint

275 02/10/2016 Reply (Defendant Adam Shacknais Reply in Support of His Demurrer to Plaintiffs Second Amended Complaint) filed by Shacknai, Adam. Shacknai, Adam (Defendant) Defendant Adam Shacknais Reply in Support of His Demurrer to Plaintiffs Second Amended Complaint

274 02/10/2016 Notice - Other (AMENDED NOTICE OF MOTION FOR PROTECTIVE ORDER AND TO QUASH DEPOSITION SUBPOENA OF THIRD PARTY WITNESS) filed by Nalepa, Neil. Nalepa, Neil (Interested Party) Notice - Other

KZ note: These links to follow to the documents are only hosted/active for a short time, like 1-2 days now, so save if you want them. (San Diego ROA used to be active for 30 days, but no longer.) Moderators are working to have all the documents available as clickable pdfs.

274- 5 pages:

https://roa.sdcourt.ca.gov/roa/face...A-274_02-10-16_Notice_Other_1455236830120.pdf

275 - 8 pages:

https://roa.sdcourt.ca.gov/roa/face...s_Reply_in_Support_of_His_D_1455236830276.pdf

276 - 17 pages:

https://roa.sdcourt.ca.gov/roa/face...port_of_Defendant_Adam_Shac_1455236830386.pdf

277 - 5 pages

file:///C:/Users/Owner/Documents/37-2013-00075418-CU-PO-CTL_ROA-277_02-10-16_Case_Management_Statement_1455236830667.pdf

278 -Was only a change of address, so I didn't get
279 -Was only a proof of service, so I didn't get
 
Many thanks to bessie, K_Z and *Lash* for organizing and putting this together!!
K_Z, the link to ROA 277 not working. Can you link again please? Super thanks for making these files available for all of us!!
Am wondering, should we add the Federal case files and also the SDSO evidence case files as well? If you need my help, let me know
 
Many thanks to bessie, K_Z and *Lash* for organizing and putting this together!!
K_Z, the link to ROA 277 not working. Can you link again please? Super thanks for making these files available for all of us!!
Am wondering, should we add the Federal case files and also the SDSO evidence case files as well? If you need my help, let me know

Hi Carioca :wave:

Unfortunately, the links to the ROA are lasting less than 24 hours. After the link expires it has to be uploaded as an attachment. The links used to last 30 days. Bessie is working on posting the remaining docs to the new thread :).
 

Attachments

  • 277- 37-2013-00075418-CU-PO-CTL_ROA-277_02-10-16_Case_Management_Statement_1455236830667.pdf
    50 KB · Views: 8
Adding my thanks to all for putting up the new documents thread and uploading the files. This will be very helpful and I appreciate your work.
 
I've added another batch. We should be done except for two, and we'll have those up later today or tomorrow.

Have fun :findinglink: ! :)
 
Hi Carioca :wave:

Unfortunately, the links to the ROA are lasting less than 24 hours. After the link expires it has to be uploaded as an attachment. The links used to last 30 days. Bessie is working on posting the remaining docs to the new thread :).

Thanks Lash for providing this file! Just read it.


  1. Several things from Adam's Case Management statement:
    1) Adam completed his deposition (unlike Dina and Nina who have yet to submit to one);
    2) Adam is willing to participate in *mediation*;
    3) Adam's lawyer claims Adam
    "anticipates filing a motion for summary judgment" (whereas Dina and Nina have chosen NOT to file this motion at all...Why?) and that "Shortly, he [Adam] will be filing a motion for early expert discovery, which is noticed for August 5, 2016" and that they are willing to expedite the Aug 5th date sooner;
    4) Adam's requesting "Jury Trial"; and

    5) Dina for some peculiar reason is appealing the voluntary dismissal of the WDS against her and her sister and Adam which the Zahaus chose to have voluntarily dismissed without prejudice in the federal court...Question: Why?

Appears that Adam is unafraid of going forward with WDS and jury trial. To me that indicates he might have been innocent or simply used as a "stooge" and "scapegoat" for Dina's murderous scheme. The only defendants in the WDS who appear deathly afraid of a trial are Dina and Nina...who again have yet to undergo depositions and neither requested mediation and/or jury trials and definitely are refusing to file the "motion for summary judgment"...To me, Dina and Nina's abject fears are justified because they know they are absolutely guilty of murdering Rebecca and will be convicted by a jury of their peers. Hence all their demurrers and manipulative stalling and deflection techniques.

Go directly to :jail: Dina and Nina.
 
Bringing this over from Legal Thread so we can discuss AZLawyer's points.

Oh yes, absolutely the judge will take into account the facts alleged as a whole.

ETA: The question will be, if every fact the Zs allege is true, is that enough circumstantial evidence to justify the conclusion that the defendants killed RZ?

I'm going to take an educated stab at this and say yes. What the Zahaus need to do is bring expert testimonies in, such as Dr. Cyril Wecht's conclusion that Rebecca sustained FOUR head contusions that were IGNORED by LE and not noted by ME; biomechanical engineers who will state that no way no how Rebecca magically leaped over entire balcony while hands and feet bound behind her back and with noose and t-shirt stuffed down her throat and now leave any prints or DNA on balcony floor or railing; forensic psychologist/psychiatrist state that Rebecca was not in a depressed or suicidal mood the night she was heinously murdered and hanged in effigy nor was she a physically violent or masochistic person; have same or another forensic psychologist state unequivocally that Dina had *history* and pattern of physical domestic violence and stalking of both Rebecca and Jonah, as well as alcohol abuse which exacerbates her uncontrollable rage to physical violence including strangulations and choking of Jonah (and perhaps other victims we haven't heard of yet), analogous to how Rebecca was choked/strangled/suffocated and hanged with noose around neck as simulation for the type of violent rage Dina exhibited in the past.

Also have eyewitnesses stating what they saw Dina at the Spreckels mansion night Rebecca was violently tortured and murdered, and earwitnesses stating they heard a woman screaming for "HELP" around same time Dina was seen at the mansion.

Means: Ask Dina's mom to verify that Dina's navy dad taught Dina and Nina how to sail and tie knots.

In summary as I mentioned in prior post, show Dina's: a) Motive; b) Opportunity; c) Means in committing Rebecca's murder.
 

Thanks Lash for providing this file! Just read it.


  1. Several things from Adam's Case Management statement:
    1) Adam completed his deposition (unlike Dina and Nina who have yet to submit to one);
    2) Adam is willing to participate in *mediation*;
    3) Adam's lawyer claims Adam
    "anticipates filing a motion for summary judgment" (whereas Dina and Nina have chosen NOT to file this motion at all...Why?) and that "Shortly, he [Adam] will be filing a motion for early expert discovery, which is noticed for August 5, 2016" and that they are willing to expedite the Aug 5th date sooner;
    4) Adam's requesting "Jury Trial"; and

    5) Dina for some peculiar reason is appealing the voluntary dismissal of the WDS against her and her sister and Adam which the Zahaus chose to have voluntarily dismissed without prejudice in the federal court...Question: Why?

Appears that Adam is unafraid of going forward with WDS and jury trial. To me that indicates he might have been innocent or simply used as a "stooge" and "scapegoat" for Dina's murderous scheme. The only defendants in the WDS who appear deathly afraid of a trial are Dina and Nina...who again have yet to undergo depositions and neither requested mediation and/or jury trials and definitely are refusing to file the "motion for summary judgment"...To me, Dina and Nina's abject fears are justified because they know they are absolutely guilty of murdering Rebecca and will be convicted by a jury of their peers. Hence all their demurrers and manipulative stalling and deflection techniques.

Go directly to :jail: Dina and Nina.

Also noted: Adam's case management statement does list an insurance carrier under question #11.

11. Insurance

a.
Insurance carrier, if any, for party filing this statement (name):

Travelers Commercial Insurance Company

b. Reservation of rights:

Yes
 
Adam's liability claim for the WDS with Traveler's may or may not be covered under his policy. The insurance company is reserving their rights to deny coverage. Imo, I would at least say Traveler's is likely not paying for Adam's counsel.

reservation of rights

An insurer's notification to an insured that coverage for a claim may not apply. Such notification allows an insurer to investigate (or even defend) a claim to determine whether coverage applies (in whole or in part) without waiving its right to later deny coverage based on information revealed by the investigation.

Insurers use a reservation of rights letter because in many claim situations, all the insurer has at the inception of the claim are various unsubstantiated allegations and, at best, a few confirmed facts. In reserving its rights to later deny coverage, the insurer is merely telling the insured of its concerns that the claim, in whole or in part, may not be covered under the policy, pending further investigation.

Although a reservation of rights protects an insurer's interests, it also alerts an insured to the fact that some elements of a claim may not be covered, thereby allowing the insured to take necessary steps to protect its potentially uninsured interests.

https://www.irmi.com/online/insurance-glossary/terms/r/reservation-of-rights.aspx
 
-respectfully snipped for context-

5) Dina for some peculiar reason is appealing the voluntary dismissal of the WDS against her and her sister and Adam which the Zahaus chose to have voluntarily dismissed without prejudice in the federal court...Question: Why?

BBM-

Dina's reason for appealing the federal case - Per the mediation questionnaire attached below, Appellant Dina Shacknai is alleging she suffers legal prejudice as a result.


Federal Appeal Case: 15-56805, 12/03/15

Briefly describe the result below and the main issues on appeal.

The District Court granted Plaintiffs' motion to voluntarily dismiss the action without prejudice pursuant to Rule 41(a)(2). Defendant-Appellant Dina Shacknai suffers legal prejudice as a result, rendering the order of dismissal improper.

https://www.pacer.gov
 

Attachments

  • AF15-56805_Documents 1.pdf
    74.8 KB · Views: 3

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