Curiosity Never Kills the Cat: Legal Questions for VERIFIED LAWYERS- ~No Discussion~

[Mrs. Holmes]

AZ Lawyer,

Can AS, DS and NR file a counter suit against the Zahau estate?

Thanks!

 

[Mrs. Holmes]

Also,

I wonder whey DS did not sue JS for the loss of her son in his home and under his care? Is there any legal reason that would have prevented her? Is the time now officially run out?

 

[K_Z]

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

This complaint was filed in Federal court. A few questions about federal vs state suits. I'm assuming that the complaint was filed in federal court because of the different states of residence of the plaintiffs and defndants. I think this might be "diversity jurisdiction" as I posted in the laswuit thread.

1. Can you clarify that this is likely why the case was filed in federal court instead of California state court?

2. Is a case also filed in federal court if something such as "stalking and intimidation" occurred between 2 states?

3. Does the federal case follow the rules of the state in which the death or complaint occurred, or are there separate specific rules for federal cases? (Evidence rules, etc.)

4. In general, can you discuss any differences in how a federal wrongful death case will proceed, as opposed to one filed as a state case? Are potential penalties the same? Jury size and selection procedures, etc? I read somewhere that punitive damages are different than "real" damages in federal court, but now can't find the link where I read that.

Thanks in advance!

 

[*Lash*]

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

Page 4, lines 1-4

"Are liable, jointly, severally, for all damages and other relief or remedies sought by plaintiffs in this action"

The suit is for $10,000,000. Are the defendants each being sued for $10,000,000. or jointly? If jointly, how does this work, would each be responsible for say $3,333,333? What would happen if one defendant chooses to settle while another defendant may not?

TIA

 

[time]

(from Wiki)

The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in an action that meets two basic conditions:

• Complete diversity requirement. No defendant is a citizen of the same state as any plaintiff.
• Amount in controversy requirement. The matter in controversy exceeds $75,000.

 

[AZlawyer]

AZ Lawyer,

Can AS, DS and NR file a counter suit against the Zahau estate?

Thanks!

Sure, unless the time has expired for whatever they want to sue for.

Also,

I wonder whey DS did not sue JS for the loss of her son in his home and under his care? Is there any legal reason that would have prevented her? Is the time now officially run out?

The legal reason that would have prevented her would probably be that she had no evidence that he did anything to cause the death. There's no cause of action for having a child die by accident under your care. Has it been more than 2 years since his death? If so, I believe the time has expired under Cal. law.

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

This complaint was filed in Federal court. A few questions about federal vs state suits. I'm assuming that the complaint was filed in federal court because of the different states of residence of the plaintiffs and defndants. I think this might be "diversity jurisdiction" as I posted in the laswuit thread.

1. Can you clarify that this is likely why the case was filed in federal court instead of California state court?

2. Is a case also filed in federal court if something such as "stalking and intimidation" occurred between 2 states?

3. Does the federal case follow the rules of the state in which the death or complaint occurred, or are there separate specific rules for federal cases? (Evidence rules, etc.)

4. In general, can you discuss any differences in how a federal wrongful death case will proceed, as opposed to one filed as a state case? Are potential penalties the same? Jury size and selection procedures, etc? I read somewhere that punitive damages are different than "real" damages in federal court, but now can't find the link where I read that.

Thanks in advance!

1. Yes, the Complaint recites that jurisdiction is based on diversity.

2. No, not unless a federal law is involved.

3. Federal rules are followed for procedure, and state law is followed for matters of substance.

4. Damages should all be the same. The biggest difference is that the federal jury verdict must be unanimous, even in a civil case. And there are only 6 jurors.

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

Page 4, lines 1-4

"Are liable, jointly, severally, for all damages and other relief or remedies sought by plaintiffs in this action"

The suit is for $10,000,000. Are the defendants each being sued for $10,000,000. or jointly? If jointly, how does this work, would each be responsible for say $3,333,333? What would happen if one defendant chooses to settle while another defendant may not?

TIA

The $10,000,000 is just a made-up number having nothing whatsoever to do with the actual damages that will ultimately be claimed. People seem to do that in California; I don't know why.

But if it were a real number and the plaintiffs actually got a judgment in that amount, then the defendants would be responsible jointly for the entire amount. But of course the plaintiff can't collect on anything more than the total judgment.

What happens in the event of one defendant settling depends on the circumstances, including whether or not any of the defendants are more directly responsible than others, in which case some defendants might have claims against other defendants...basically, the question is way too hypothetical at this point.

 

[*Lash*]

Thank you AZlawyer

 

[K_Z]

If criminal evidence is uncovered during the discovery process and depositions in a civil trial, can this be used by authorities to bring criminal charges?

 

[AZlawyer]

If criminal evidence is uncovered during the discovery process and depositions in a civil trial, can this be used by authorities to bring criminal charges?

Yes, and I'm sure the plaintiffs would forward anything like that to the police.

 

[bourne]

Yes, and I'm sure the plaintiffs would forward anything like that to the police.

But aren't the plaintiffs limited by the actual terms of the settlement? For instance, if there's a gag order or some type of injunction, can the plaintiffs still disclose info re: Rebecca's murderer(s) to the police?

 

[AZlawyer]

But aren't the plaintiffs limited by the actual terms of the settlement? For instance, if there's a gag order or some type of injunction, can the plaintiffs still disclose info re: Rebecca's murderer(s) to the police?

I thought the question was about information discovered during the lawsuit, which IMO is unlikely to settle.

But in any event, no, parties cannot withhold information from law enforcement just because they agreed to do so in a contract. And even if they produce such information voluntarily to law enforcement without being asked, in violation of a contract, the contract would almost certainly be held unenforceable as a violation of public policy. People are not allowed to agree to hide information from the police.

 

[justice be served]

I thought the question was about information discovered during the lawsuit, which IMO is unlikely to settle.

But in any event, no, parties cannot withhold information from law enforcement just because they agreed to do so in a contract. And even if they produce such information voluntarily to law enforcement without being asked, in violation of a contract, the contract would almost certainly be held unenforceable as a violation of public policy. People are not allowed to agree to hide information from the police.

It is lovely hearing your opinion on not having a settlement. I think you are right as I believe if the overriding purpose of the civil lawsuit was monetary - it would have been filed much sooner. The Zahaus appear most genuine in seeking the truth in all of their statements and if I were in their shoes I would be adamant in seeking justice in her case as well.

 

[K_Z]

Thank you, AZLawyer!

To recap:

Evidence of criminal activity uncovered in a civil deposition/ discovery CAN be forwarded to police/ LE.

I really hope the Zahaus know this! Perhaps it will give them hope and fortitude to continue to press on with their lawsuit, and not settle. I'd love to see their lawsuit make it to court, with a jury.

The possibility of criminal activity coming out in the discovery process is VERY encouraging! That makes me feel optimistic!

Bring on the discovery and depositions process!!

 

[screecher]

I'm wondering if the feds can investigate this case as a "hate crime".

 

[justice be served]

I'm wondering if the feds can investigate this case as a "hate crime".

The feds have an excellent resource for delving into the hate crime evidence. The kitty litter box and Coronado Patch. Just shocking examples are prevalent there.

 

[screecher]

The feds have an excellent resource for delving into the hate crime evidence. The kitty litter box and Coronado Patch. Just shocking examples are prevalent there.

God, I know right :jail:

 

[*Lash*]

Question from Peaceful - moved here for AZlawyer.

Dear AZLawyer,

What is the likeliness this case will be dismissed by the courts without us ever seeing anyone interviewed, etc. My fear remains that something could prevent this civil case from progressing. Would you please tell us what the factors are that could cause this and what you think the likeliness of that happening is? Thanks so much for your time and knowledge to help get justice in this case!

 

[Peaceful]

Question from Peaceful - moved here for AZlawyer.

Thanks so much Lash!

 

[AZlawyer]

I'm wondering if the feds can investigate this case as a "hate crime".

I don't think there's any evidence of that, but I'm not up on all the details of this case. Was there some specific evidence you had in mind?

Question from Peaceful - moved here for AZlawyer.

Quote:
Originally Posted by Peaceful View Post
Dear AZLawyer,

What is the likeliness this case will be dismissed by the courts without us ever seeing anyone interviewed, etc. My fear remains that something could prevent this civil case from progressing. Would you please tell us what the factors are that could cause this and what you think the likeliness of that happening is? Thanks so much for your time and knowledge to help get justice in this case!

It could be dismissed for lack of evidence early on, since the courts aren't supposed to be used for "fishing expeditions"--you're supposed to have some basis for your claims before you file them. But if a judge is sympathetic, he may let them do some discovery first to see if there's anything to go on.

 

[Serpico]

Hey AZ Lawyer -

Greg Thompson, was promoted to Sheriff's advisor in 2010 .....prior to that position he was SDSO Forensic Director and in charge of the SDSO Crime Lab for about 6 or so years. Thompson's employment prior to SDSO was Assistant DA under SD DA Paul Pfingst for about 8 years.

Paul Pfingst was retained by Jonah Shacknai the same day his girlfriend was found dead at his Coronado property.

My question = did Greg Thompson have a LEGAL OBLIGATION to recuse himself from the RZ Investigation? If he does have a legal responsibility and it is later proven (cell phone records,depositions,etc.) that he violated law(s) in that regard.....what may be the consequences for that prejudicial behavior as it relates to the RZ Case and the consequence of a possible independent investigation based on his inappropriate actions. Thanks.