Wrongful Death Suit filed Nov. 13, 2013 in California, #2

[kittychi]

Snipped and BBM.

I'd recommend reading all 55 pages. Lots of good stuff in there, including emails.

Fines aren't doled out over *minor* technicalities.

Neither are Orders of Protection.

The Judge's order says, no, plaintiffs, you don't have to respond to *this* from the defendant DS. The Judge basically threw out all 130 interrogatories submitted by DS. And admonished her and her attorneys to play by the rules next time. And then fined them $2580. That's a smack down, IMO.

ETA: And Dina has some very elite attorneys, in the Schumann/ Rosenberg firm. This isn't their first WDS, or their first dog and pony show. They knew exactly what they were doing. So did the Judge, and the Plaintiff's attorneys. And they were admonished and sanctioned by the Judge, and their first try at discovery questions thrown out.

My guess: obeying marching orders from their client. :facepalm:

 

[*Lash*]

I am stating my opinion that it was Rebecca and only Rebecca. I am allowed to have an opinion - even if it differs from yours or others here.

I respect your opinion and I agree 100% regarding everyone being allowed to have their opinion. In fact, an opposing opinion can be good and sometimes shed light in a case. Where I don't agree is stating something as if it was fact wherein the facts are totally absent. I believe it violates the rules here at WS. Not using the words 'opinion' or 'believe' a post can create misdirection in the case. It can create bickering and it doesn't help either side. The statement below concerning access to Rebecca's computer at only times she was in the mansion *at this time* is completely false. There is nothing to support this statement and it is not stated as an opinion. It doesn't help either side get to the truth. Hopefully one day we will know the truth and have the facts.

Thanks for posting Lash. Perfect example, Bremner brings up the , yet doesn't mention it was access on Rebecca Zahau's computer at times only she was in the mansion, and instead tries to make it sound like it was Adam.

 

[MaybeNotToday]

Looks to me like the fine is for a technicality over how many Special Interrogatories Dina's attorney sent in - nothing other than that.

IMO, Dina nor Nina nor Adam are going to settle this case. Not today, not ever. They will be asking for the Judge to dismiss the case in August when the three Motions to Dismiss are before the Judge.

If they settled it, they'd be saying they were responsible for Rebecca's death (and all the other, IMO, ridiculous allegations alleged within the complaint). Why wouldn't ANY innocent person fight with all they had against allegations such as those?

 

[screecher]

BBM It is also very possible that it was murder and being staged as murder.The violence and sexual aspect of the murder might have been intended to deflect suspicion. Perhaps onto a more sinister "hit mob" scenario (that was rumored for a while). In that case, it makes perfect sense that one of the accused googled and then mimicked the bondage scenario... as a red herring. I know this isn't what is laid out in the suit, but certainly a possibility for some of the "staged" items. IMO, they got "lucky" with LE jumping on the idea of suicide.

BBM

Yea, lucky for sure. With AS expounding on the suicide 'story' to 911. Followed with doing the same to Jonah. And then, on and on.

I bettcha the defendants aren't feeling so 'lucky' right about now !

 

[bourne]

If they settled it, they'd be saying they were responsible for Rebecca's death (and all the other, IMO, ridiculous allegations alleged within the complaint). Why wouldn't ANY innocent person fight with all they had against allegations such as those?

Huh? If Dina is innocent as you claim, and has this iron-clad alibi full of eyewitnesses who saw her sitting vigil during the time period Rebecca was murdered, why isn't she asking them to testify on her behalf? Isn't THIS the perfect juncture to do so before the cases proceed forward, likely with her being found GUILTY as SIN?!

GMAB

 

[bourne]

Here are the photos you are referring to, Bourne. The one with the woman's back to the camera and the man with the coffee. The one you say you believe 100% is Dina. Here are the photos, all side by side, and it is very easy to see they are most definitely Detective Tsuida, not Dina Shacknai.:

I'm referring to the first pic of your set of 4. However, your pic is TOO SMALL, UNFOCUSED, and UNPIXELATED to see the people and their clothes clearly. A larger, clear pic was put up on other threads by other posters here on WS before and they even compared her stooped-over posture to the stooped posture of Dina at Dina's town hall meeting in CA. And the two figures were identical in stooped posture and large frame size. Go search for it. I don't have the time or inclination. We'll agree to disagree.

I hope the Zahau lawyer at the depo shows this picture to the investigator in the picture and ask him if that is Dina entering the Spreckels mansion the morning Rebecca was reported dead.

 

[bourne]

All I can say is, it's no surprise to me that defendant Dina Shacknai was unwilling to settle at yesterday's ENE conference in the Federal suit, in light of the "smack down" in the State case from December 5. A one/ two punch, granting the Order of Protection in the State case, as well as the $2580 fine, and now a stay in the Federal case. Not a particularly good week for defendant Dina Shacknai, IMO.

And, IMO, the documents filed indicate to me a signal that the 3 defendants are not particularly in alliance on how to proceed. Perhaps they have begun to "throw one another under the bus".

Happy holidays to the Zahaus!

Looking forward to Rebecca finally getting justice.

 

[LuckyLucy2]

I respect your opinion and I agree 100% regarding everyone being allowed to have their opinion. In fact, an opposing opinion can be good and sometimes shed light in a case. Where I don't agree is stating something as if it was fact wherein the facts are totally absent. I believe it violates the rules here at WS. Not using the words 'opinion' or 'believe' a post can create misdirection in the case. It can create bickering and it doesn't help either side. The statement below concerning access to Rebecca's computer at only times she was in the mansion *at this time* is completely false. There is nothing to support this statement and it is not stated as an opinion. It doesn't help either side get to the truth. Hopefully one day we will know the truth and have the facts.

Please do note that I have "All above is my opinion only" below every post I make.

 

[inthedark14]

Please do note that I have "All above is my opinion" below every post I make.

FWIW--I think that shows up in your signature line which isn't viewable to people using Tapatalk. I can see signatures if I log in via a browser but not when viewing on my devices.

ALWAYS MOO

Sent from my SCH-I545 using Tapatalk

 

[K_Z]

Bumping this post, as 2 comments within documents in the now-stayed Federal WDS case give information as to the pace of depositions and discovery in the currently proceeding State WDS case.

We know from the responses to the Second Amended Complaint that depositions are scheduled to begin Dec 16, 2014, and that Adam Shacknai has a deposition scheduled for January 30, 2015.

In that case, counsel for Defendant Dina Shacknai has noticed Mr. Shacknai’s deposition for January 30, 2015.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 51 Filed 12/02/14 Page 3 of 4

Thousands of pages of documents have already been produced in the state-court matter, and depositions are starting on December 16th.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 52 Filed 12/03/14 Page 2 of 2

 

[LuckyLucy2]

Huh? If Dina is innocent as you claim, and has this iron-clad alibi full of eyewitnesses who saw her sitting vigil during the time period Rebecca was murdered, why isn't she asking them to testify on her behalf? Isn't THIS the perfect juncture to do so before the cases proceed forward, likely with her being found GUILTY as SIN?!

GMAB

As I have stated many, many times before - who woud these witnesses talk to at this point? The Judge? It appears you don't understand the legal process and how things work - there is no one to present witnesses to at this time.

 

[K_Z]

Some history on the back and forth motions on the Motion for Order of Protection related to the 130 discovery interrogatories, taken from the San Diego Superior Court Register of Actions. I can't post the entire documents here, as they are in excess of 160 pages. I'm still working out the best way to link them so all can see. Otherwise, folks are free to go and look them up individually (there is a fee.)

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

Case Number: 37-2013-00075418-CU-PO-CTL Date Filed: 11/13/2013
Case Title: Estate of Rebecca Zahau vs. Shacknai

10/02/2014 Motion for Protective Order filed by Zahau-Loehner, Mary; Zahau, Pari Z; Estate of Rebecca Zahau; Estate of Robert (55 pages)

11/19/2014 Opposition - Other (to Motion for Protective Order) filed by Shacknai, Dina. (38 pages)

11/26/2014 Reply to Opposition of Noticed Motion and Supporting Declarations filed by Zahau-Loehner, Mary; Zahau, Pari Z; Estate of Rebecca Zahau; Estate of Robert Zahau. (9 pages)

12/01/2014 Ex Parte Application - Other and Supporting Documents (to Compel Responoses to Special Interrogatories Set One) filed by Shacknai, Dina. (49 pages)

12/01/2014 Order - Other ([Proposed] Order RE Ex Parte to Compel Response to Special Interrogatories) submitted by Shacknai, Dina received but not filed on 12/01/2014. (2 pages)

12/02/2014 Opposition - Other (Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant Dina Shacknai's Ex Pare Application to Compel Discovery) filed by Estate of Rebecca Zahau; Estate of Robert Zahau; Zahau-Loehner, Mary. (11 pages)

 

[LuckyLucy2]

$2580 is a long cry from $10 million, but I'm sure Mary is thrilled she got that. Maybe it can go towards Dina, Nina, and Adam's legal fees when the Judge dismissed the case due to no evidence and has the plantiffs pay the defendant's court costs.

 

[K_Z]

$2580 is a long cry from $10 million, but I'm sure Mary is thrilled she got that. Maybe it can go towards Dina, Nina, and Adam's legal fees when the Judge dismissed the case due to no evidence and has the plantiffs pay the defendant's court costs.

For comparison, Jose Baez, in the Casey Anthony murder case, was only fined $600 for his egregious departures. This seems like a fairly substantial fine, IMO, especially for a civil case. But maybe not. Maybe they hand down $2500 fines regularly? IDK. Maybe AZlawyer will comment.

And the case goes forward. None of us know how it will resolve yet. And there is so much to discuss related to the current case/s, that it's a waste of our collective energy re-hashing and bickering about old things, IMO. None of us commenting are likely to change our minds, at this point.

 

[BBL]

As I have stated many, many times before - who would these witnesses talk to at this point? The Judge? It appears you don't understand the legal process and how things work - there is no one to present witnesses to at this time.

I guess my thought isn't so much that she would talk to a judge. She would take a witness statement to the public or, at the very least, the Zahau's. If she had definitive proof (e.g. objective witnesses from the hospital) that showed, without a doubt, that she was at Max's bedside... then she would share it. Why wouldn't she? Sure, she doesn't have to. But, wouldn't she WANT to? If she had that proof, then I think most people would agree that she wasn't physically partaking of murder. Good Lord, it would save her both time & money if she cleared herself. Since she doesn't, then I only assume she can't. Which means that I believe that she was part of the violence at the mansion.

 

[bourne]

$2580 is a long cry from $10 million, but I'm sure Mary is thrilled she got that. Maybe it can go towards Dina, Nina, and Adam's legal fees when the Judge dismissed the case due to no evidence and has the plantiffs pay the defendant's court costs.

Seems clear that to you, money is very important. What's the difference between being fined a little or a lot? The case has barely begun and Dina was already *fined* for misconduct in a legal proceeding! Let's wait and see what happens, and how many more fines are doled out, shall we? I personally can see the Zahaus winning the WDS and they will not only win the money, but the court of public opinion as well. I believe strongly that as more evidence is revealed, the case will go to trial. Jurors will find the Zahaus' side believable with the innumerable evidence they already have, and the defendants will be left out in the dust trying to gain favor with the public and their friends again. AND the courts will find a way to have Rebecca's case reopened and a criminal case will proceed against the defendants. In the end, justice will be served with the defendants sitting heavy in prison and/or capital punishment in CA. Yes, that is my informed opinion.

Moreover, how are you so certain that the Judge will "dismissed the case due to no evidence"? Where is YOUR evidence of this? Thus far, the Judge appears to clearly side with the Zahaus as Dina has already LOST several motions to dismiss the suit, and also now LOST motion for protective order. It certainly appears that the Judge sees Dina as a "harasser" to the Zahaus and this is posthumous to Rebecca's death, so I don't think it takes a genius to extend Dina's vindictive, arrogant, intimidation, volatile, harassing, assaultive behavior towards how Dina treated Rebecca prior to her death.

[modsnip]

 

[bourne]

I guess my thought isn't so much that she would talk to a judge. She would take a witness statement to the public or, at the very least, the Zahau's. If she had definitive proof (e.g. objective witnesses from the hospital) that showed, without a doubt, that she was at Max's bedside... then she would share it. Why wouldn't she? Sure, she doesn't have to. But, wouldn't she WANT to? If she had that proof, then I think most people would agree that she wasn't physically partaking of murder. Good Lord, it would save her both time & money if she cleared herself. Since she doesn't, then I only assume she can't. Which means that I believe that she was part of the violence at the mansion.

I think amidst Dina's multiple filings of "motions to dismiss" in court if she even has any witnesses to vouch that she was physically present at the hospital during the critical timeframe in which Rebecca was murdered, Dina could and would surely have brought it up, correct?

To me, this screams out Dina has *no* alibi. [modsnip]

 

[LuckyLucy2]

I guess my thought isn't so much that she would talk to a judge. She would take a witness statement to the public or, at the very least, the Zahau's. If she had definitive proof (e.g. objective witnesses from the hospital) that showed, without a doubt, that she was at Max's bedside... then she would share it. Why wouldn't she? Sure, she doesn't have to. But, wouldn't she WANT to? If she had that proof, then I think most people would agree that she wasn't physically partaking of murder. Good Lord, it would save her both time & money if she cleared herself. Since she doesn't, then I only assume she can't. Which means that I believe that she was part of the violence at the mansion.

She spoke to Detectives from the Department of Justice on July 13, the day of the Rebecca's suicide. See attached. IMO, they would have then talked to witnesses, and it is in the files. The Zahaus have the files, so they already know what is there. If they don't believe the Detectives, they why would they believe Dina? I really think they believe the Shacknais will settle at some point, because there is no way they can win this. There are too many facts that prove Rebecca took her own life.

 

[LuckyLucy2]

Seems clear that to you, money is very important. What's the difference between being fined a little or a lot? The case has barely begun and Dina was already *fined* for misconduct in a legal proceeding! Let's wait and see what happens, and how many more fines are doled out, shall we? I personally can see the Zahaus winning the WDS and they will not only win the money, but the court of public opinion as well. I believe strongly that as more evidence is revealed, the case will go to trial. Jurors will find the Zahaus' side believable with the innumerable evidence they already have, and the defendants will be left out in the dust trying to gain favor with the public and their friends again. AND the courts will find a way to have Rebecca's case reopened and a criminal case will proceed against the defendants. In the end, justice will be served with the defendants sitting heavy in prison and/or capital punishment in CA. Yes, that is my informed opinion.

Moreover, how are you so certain that the Judge will "dismissed the case due to no evidence"? Where is YOUR evidence of this? Thus far, the Judge appears to clearly side with the Zahaus as Dina has already LOST several motions to dismiss the suit, and also now LOST motion for protective order. It certainly appears that the Judge sees Dina as a "harasser" to the Zahaus and this is posthumous to Rebecca's death, so I don't think it takes a genius to extend Dina's vindictive, arrogant, intimidation, volatile, harassing, assaultive behavior towards how Dina treated Rebecca prior to her death.

Keep it up Dina! Can't wait to see what you have up your sleeve next.

And just how can you tell by my post that money is very important to me? Ha! Seems its the Zahaus that money is important to, seeing as they are taking this to civil court for 10 Million…instead of criminal court.

LMAO

 

[*Lash*]

I respect your opinion and I agree 100% regarding everyone being allowed to have their opinion. In fact, an opposing opinion can be good and sometimes shed light in a case. Where I don't agree is stating something as if it was fact wherein the facts are totally absent. I believe it violates the rules here at WS. Not using the words 'opinion' or 'believe' a post can create misdirection in the case. It can create bickering and it doesn't help either side. The statement below concerning access to Rebecca's computer at only times she was in the mansion *at this time* is completely false. There is nothing to support this statement and it is not stated as an opinion. It doesn't help either side get to the truth. Hopeful

Please do note that I have "All above is my opinion only" below every post I make.

It is not the same. We will have to agree to disagree.