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

[justice be served]

There's almost no doubt in my mind Jonah was instrumental in securing the too-quick suicide ruling and arranging for the general lack of interest on the part of all the many "investigators" to collect and test evidence at the scene, or to pursue evidence against a person or persons of interest.

I have no idea how he managed it, but money and influence talks. In any event, it was clear then and now that Jonah's primary motivation was to make the whole thing go away, and fast.

However, I don't believe he was involved in her murder. I do think he found out hours before the exceptionally odd text message sent to him by Adam. I've always thought the fact that he stayed away from the mansion that morning is meaningful. There's also some meaning behind the fact that RZ's body was allowed to lay exposed to the elements for 13 hours. Perhaps they were hoping for degradation of evidence (before deciding to simply ignore the condition of her body altogether except as it might bolster their suicide ruling).

The entire scenario of RZ's "suicide" ... from the improbability of anyone being able to kill themselves in such a fashion, to the odd behavior of Nina the day/evening before in attempting to confront Rebecca about Max's accident, to the bizarre message on the door and the scene in the bedroom leading out to the balcony, to Adam's odd behavior upon finding Rebecca's body, to the text message to Jonah announcing her death, to Jonah's no-show at the mansion after her body was found, to the wildly incompetent investigation into a possible murder, to the quickie renovation and faux sale of the mansion ... defies explanation.

I can't imagine any family of someone who died under such circumstances not trying to move heaven and earth to get to the truth. The Zahaus are doing what any (or at least most) of us would do if, God forbid, we found ourselves in a similar situation.

Imp, I am so right with you on everything! The entirety of the circumstances reek of wrongdoing and slight of hand. I am thrilled that the judge agrees.

 

[SweetT]

Imp, I am so right with you on everything! The entirety of the circumstances reek of wrongdoing and slight of hand. I am thrilled that the judge agrees.

I havent been keeping but what does the judge agree with?

 

[Imp]

I havent been keeping but what does the judge agree with?

If you go back a few pages to post #902 by *Lash* and read forward, you can get quickly caught up. The judge agrees the Zahaus' case can proceed to trial. She has set a trial date for March of next year.

 

[Ausgirl]

There is not going to be a trial.

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

 

[screecher]

Yes, PLEASE don't settle this! If the presumptions turn out to be true, there should be arrests of the defendants in the future. Does anyone know when Sheriff Gore's term is up? Ideally, the case should be looked at by a new administration - one without any alleged personal/political ties to Jonah Shacknai.

Yes, Justice be served-- Sheriff Gore deserves the lion's share of criticism on Rebecca's case, IMO.

Here's a good CNN ireport commentary about Gore's ineptness over decades of prominent cases:

http://ireport.cnn.com/docs/DOC-1029511

Gore isn't the only one, imo.

http://www.sandiegoreader.com/news/2016/mar/12/ticker-justice-sought-robert-branch/

"Harris accused Dumanis of selective prosecution intended to further her political ambitions beyond San Diego."

 

[screecher]

Another poster posted...(I'm not using the quote feature as some may have this poster on 'ignore')

"Even is Max's accident did not involve Rebecca or her sister, she still made herself look guilty by changing her story numerous times, boarding her dog, sending XZ home the very next day without notifying the detectives working Max's case, not answering the questions Jonah, Dina, and Nina had, ....

And whether or not Rebecca or her sister were responsible, she was the adult that was in charge at the time."

This ^ certainly sounds as an excuse, reason, justification for Rebecca's murder, to me at least.

Oh, and by the way, I'm pretty sure JS knew exactly what happened. And why in the world would Rebecca need to notify anyone her sister was going home? Did she need anyone's permission? I don't think so.

:crazy:

 

[screecher]

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

:happydance:

 

[LuckyLucy2]

Rebecca ' s story didn't change. There's nothing suspicious about boarding her dog and sending her sister home after the accident was a normal decision most people would have made during a serious medical crisis. It's also possible RZ was thinking of her own sister's safety.

Rebecca's story did change several times. If sending her sister home was so innocent, why did she not let the detective know that was investigating Maxie's case? He states in the search warrent that was looking for anything like a ligature that she did not clear that with him.
I do not believe Jonah covered up anything. Rebecca is the one that was in control of what happened after Max was fatally hurt. She is the one that would not talk about it and then hung herself.

 

[LuckyLucy2]

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

The case can still be thrown out on Summary Judgement in January, when the Judge will see the evidence - or in the Zahau's case, lack of it.

 

[LuckyLucy2]

01/13/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
01/13/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
01/13/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)

 

[Tssiemer]

Has her sister Mary explained Rebecca's demeanor on the phone that night? I mean, did anyone even ask how she was doing with all that? They just used her as a taxi that day it seems. Did she have time to process? Why kill herself if the boy was just in critical condition then?


Sent from my iPhone using Tapatalk

 

[justice be served]

Has her sister Mary explained Rebecca's demeanor on the phone that night? I mean, did anyone even ask how she was doing with all that? They just used her as a taxi that day it seems. Did she have time to process? Why kill herself if the boy was just in critical condition then?


Sent from my iPhone using Tapatalk

From my hazy memory of the last conversation Rebecca had with her sister that night, they spoke of future plans I believe maybe with their parents? and Rebecca was sad but holding up okay considering the tragedy that had taken place with Max. She had planned to take a change of clothing to the hospital for Jonah the next morning and, as you mentioned, she was being supportive of other family members as well. There was no indication that she was suicidal.

 

[justice be served]

Rebecca's story did change several times. If sending her sister home was so innocent, why did she not let the detective know that was investigating Maxie's case? He states in the search warrent that was looking for anything like a ligature that she did not clear that with him.
I do not believe Jonah covered up anything. Rebecca is the one that was in control of what happened after Max was fatally hurt. She is the one that would not talk about it and then hung herself.

I cannot even attempt to make sense of your first paragraph. Perhaps a rewrite with more clarity would help? Maybe just a link would help.

 

[Waitaminute]

the cbs8 video says "zahau was the girlfriend of homeowner adam shacknai...." and then shows adam's picture as well!

 

[screecher]

the cbs8 video says "zahau was the girlfriend of homeowner adam shacknai...." and then shows adam's picture as well!

Subtle media manipulation. Of course, imo.

 

[justice be served]

Subtle media manipulation. Of course, imo.

Yes and the manipulation is IMO paid for by the silent one. Throwing family to the wolves perhaps while protecting other family?

 

[screecher]

Yes and the manipulation is IMO paid for by the silent one. Throwing family to the wolves perhaps while protecting other family?

Yeppers.

 

[kittychi]

The silent one knows ALL, imo.

 

[K_Z]

Well, I certainly expect the 3 defendants to ask for summary judgement-- that's pretty common and expected. That's why it's automatically scheduled on the calendar.

We should know for sure if the defendants individually, or together, will formally ask for SJ by October 31, (Halloween!) if I've done the math correctly.

The really interesting thing is that the SJ process for state civil cases in California is some of the strictest in the country, and closely mirrors federal procedure.

MSJ relies on the strength of the evidence, and has to address EACH actionable part of the case. (ie, one can't cherry pick).

Code of Civil Procedure section 437c, subdivision (a) provides that a party moving for summary judgment or summary adjudication “shall” serve notice of the motion and supporting papers “on all other parties to the action at least 75 days before the time appointed for hearing.” (Ibid., italics added.) This language is mandatory and the court has no discretion to shorten the time.

Cuff v. Grossmont Union High School District, 221 Cal.App.4th 582, 595-596 (Nov. 18, 2013).

So, for example, if a party serves a motion for summary judgment with only 72 days (rather than 75 days) notice, a court is not allowed to grant them relief from that mistake. Rather, the party would have to re-file and re-serve the motion for summary judgment, allowing for 75 days service. Of course, under Section 437c, the motion must still be heard at least 30 days before trial, unless the moving party can establish good cause for why the hearing date would be within 30 days of trial.

https://californialawblog.wordpress...judgment-or-motions-for-summary-adjudication/

Summary-judgment practice in most states is similar to federal practice, though with minor differences. For example, the U.S. state of California requires the moving party to actually present evidence rather than merely refer to evidence.

To defeat a summary-judgment motion, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence. For example, even if the moving side can produce the testimony of "a dozen bishops", and the non-moving side only has the testimony of a known liar, then summary judgment is not appropriate. Deciding on the relative credibility of witnesses is a question for the factfinder at trial.

It is not uncommon for summary judgments of lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.

https://en.wikipedia.org/wiki/Summary_judgment

Either way, it will be exceedingly interesting to see what's in a potential MSJ from any of the defendants filed by October 31, 2016-- which is exactly 75 calendar days away from January 13, 2017.

That also means ALL the depositions and discovery, and any oppositions or objections, or re-scheduling, etc. will have to be COMPLETED far enough in advance of Oct 31 to allow preparation time to write, and file, the very lengthy MSJ requirements by the attorneys. IMO.

Most judges don't like being overturned on appeal. Whenever there is any disputed issue of the evidence, IMO, judges are more likely to punt the case on down to the trial jury. In a case like this, a WDS, I think it's highly likely the judge will want to have a jury make the determination.

 

[bourne]

This Facebook post by a grown woman whom Rebecca used to babysit in her home country speaks VOLUME as to Rebecca's character, and that of her family. Rebecca was certainly loved.

Look forward to the case going to trial.

https://www.facebook.com/promisetamangphan/posts/252638211440393