Wrongful Death Suit filed Nov. 13, 2013 in California, #3

[*Lash*]

Aww...Congrats Inthedark :loveyou: How exciting, I am so happy for you !

 

[*Lash*]

Hi Lash - Since the hearing dates have been changed as per below, the nearest date before a hearing would now be next Thursday, May 7, before the May 8 Discovery Hearing.

05/08/2015 01:30 PM C-69 Discovery Hearing - Motion to Compel Discovery
09/04/2015 01:30 PM C-69 Motion Hearing (Civil)
10/09/2015 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing

From the ROA list that K_Z posted recently, the Motion to Dismiss was vacated. IMO this is indicative that the Tentative Ruling is in favor of the Plaintiffs. IOW, Case NOT Dismissed:

149 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal.

148 04/27/2015 The Discovery Hearing was rescheduled to 05/08/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

147 04/27/2015 Motion to Dismiss scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

Thank you Carioca! I think you may be right Both, the Motion to Dismiss and the Discovery hearings scheduled for yesterday were vacated. The Motion to Dismiss has NOT been rescheduled, yet the discovery hearing has been rescheduled for 5/8. I'm still not understanding why entry 157 Tentative Ruling cannot be viewed on the website provided by the court? Hopefully by Thursday the ruling will be available for viewing!

 

[*Lash*]

Bringing forward KZ's post with the entries dated 4/27 showing the vacated hearings.

147 04/27/2015 Motion to Dismiss scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

146 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

145 04/27/2015 Discovery Hearing date was restored to 05/01/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

144 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

143 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

142 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

141 04/27/2015 Discovery Hearing scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

140 04/27/2015 Discovery Hearing scheduled for 07/17/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

139 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

138 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

137 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

Listed under scheduling Entries -

https://roa.sdcourt.ca.gov/roa/

 

[K_Z]

IMO if this case were dismissed I would expect a press conference or another way to announce it by DS.

Most definitely there would be press conferences and press releases if the case were dismissed! Remember when Attorney Kim Schumann released this statement and had the press conference?

"Dina Shacknai's reputation has been irreparably damaged by these allegations," Costa Mesa, Claif., attorney Kim Schumann said in a statement. "We intend to swiftly and aggressively put an end to this matter by every legal means necessary, and will be taking appropriate steps to remedy Ms. Shacknai's reputational damages."

"The court's ruling is not a statement as to whether or not the allegations are truthful, or proper, or even have any basis in fact," Schumann said. "The complaint only contains allegations, and no evidence has been presented to the court to support these allegations."

http://www.azcentral.com/story/mone...rs-lambast-lawsuit-coronado-hanging/17803753/

http://www.10news.com/news/dina-sha...g-on-lawsuit-filed-by-family-of-rebecca-zahau

http://www.nbcsandiego.com/news/loc...nai-Jonah-Max-Adam-Nina-Rameno-280137602.html

http://www.kpho.com/story/22858292/family-of-rebecca-zahau-files-wrongful-death-lawsuit

And Dina Shacknai's own media statements? (more than this one link)

http://www.10news.com/news/dina-sha...lawsuit-filed-by-rebecca-zahaus-family-071613

I think things are not going well in the case and depositions for DS, in particular, of the 3 defendants. I think that's why we have not heard a single thing from her in the media for quite some time. We have never heard from Adam Shacknai, so that's not surprising, and NR only popped up in the beginning months a few times, to reinforce her sister's media appearances. So, not surprising we haven't heard from NR, IMO. And we haven't heard much at all from the Zahau family since the beginning moths, so again, not surprising that they are staying out of the media and letting the process wind thru the courts.

If Dina has something to say, she swiftly takes to the media airwaves to get camera time. No question.

 

[K_Z]

The only thing I can figure about the tentative ruling not being available on the website, is that there is a lag, or delay, from the court decisions, to when documents are posted and available on the website for the public to view.

So, the motion to dismiss was vacated on the 27th, and the tentative ruling perhaps was already done, listed in the computer system, and awaiting posting for the day before the scheduled hearing, at that point. When the hearing for May 1 was pulled out of the system, the notice was still there, but the document was never posted. So that would make sense to me that the notice could get posted, but not the document, KWIM?

For example, our surgical scheduling systems sometimes do the same thing-- the patient is put on the schedule, triggering lots of other notices in electronic records. Then the surgery might get cancelled, but it takes a while to delete out the other cascade of notices.

Anyway, I don't know for sure if this is what happened, but I'm speculating, using knowledge of other scheduling systems.

 

[Zinn]

IMO Jonah holds the key in this entire case. He knows what Rebecca knew, he knows if DS was sitting vigil by her son that night, he probably knows that her phone was still in the hospital room, he knows why Nina needed to use his car and he knows Adam's capabilities (and vulnerabilities). He knows exactly who made those tugboat hitch knots. Most of all, he knows DS well.

I had another thought...i always wondered why Adam would just do what he was told and take orders from DS. Perhaps he actually had a reason besides "she killed your nephew."

This line of thinking that Rebecca knew something makes the sign on the door look more and more like a message to JS, which many of us thought from the beginning.

It also provides a motive for JS to quickly move on as quietly as possible and paper over anything he possibly could (fake house sale, not allowing access to the Zahaus).

Probably unrealistic of me to think that, when this is over, the collusion of Gore, Phingst, et al to cover up the murder comes to light and something gets done about it. But that is my hope.

BBM.

Do I recall correctly that NR stated in her lengthy interview that DS and JS were sharing a room at RMH, as sort of a home base and a place to rest? If so, and if NR was being truthful, that's another possible location for DS's phone that would be "in the vicinity" of Rady.

All of the above is just my opinion.

 

[K_Z]

I think kittychi is correct that Jonah knows a LOT about Dina's mood, demeanor, actions, plans, etc., as well as Nina's actions and why. I also think his attorneys will fight to the death to keep Jonah from being deposed in this lawsuit. They will fight to let his original interviews stand as his only comments about what he knew.

Jonah is in a no win situation, IMO. All he can do is stay silent and invisible. He can't talk about Dina or Nina in a depo, without also implicating his brother further. And he may know what Rebecca knew that the plaintiffs believe she had to be silenced for. Involving Adam put Jonah in a helluva pickle, and I believe that was intentional. Jonah had to be silenced, too, maybe. I think he knows more about both deaths than has been made public.

I still can't get over how fast he dialed up Paul Pfingst to "help" Adam. PP was on Jonah's speed dial, for sure. And PP promptly dropped whatever he was doing to get to the crime scene, as soon as JS sent out the bat signal. IMO.

 

[Morag]

Mention of the bicycle-riding Dina-sighting private investigator reminds me (I think) that Ocean the dog was handed over to a PI at some point- I guess he adopted Ocean? Anybody else remember this? I've been trying to think of a way to find the information- any search up too many Oceans.

 

[Carioca]

Mention of the bicycle-riding Dina-sighting private investigator reminds me (I think) that Ocean the dog was handed over to a PI at some point- I guess he adopted Ocean? Anybody else remember this? I've been trying to think of a way to find the information- any search up too many Oceans.

Hi Morag - Here you go. Radar On Line not the most reliable of sources... But can't see any point in making up the story as IMO it has little bearing on Rebecca's murder one way or the other:

Denis Love, a private investigator from Elite Services picked up the dog from the facility days later, multiple sources tell RadarOnline.com.

Ted Greenberg, owner of Camp Diggity Dog tells us, “Jonah called me and said a private investigator, Denis Love was going to pick-up the dog. Jonah said Denis was a good guy and an ex-cop. The private investigator didn’t ask me any questions.”

http://radaronline.com/exclusives/2...-investigator-after-max-rebecca-zahau-deaths/

I believe JS' daughter kept Ocean, at least for a while, according to something she published online, and for obvious reasons am not going to link it. Therefore, can put this in the "for-whatever-its-worth factoid" file. Mods, please feel free to delete...

 

[Morag]

Thanks, Carioca- I would not have liked that coincidence!

 

[*Lash*]

The Rake firm is no longer listed as the attorney for Jonah aka 1043 Ocean Blvd LLC. It appears the firm has withdrawn from ALL 3 suits. Early last week I posted a screenshot showing the firm was still representing 1043 Ocean Blvd LLC. The change occurred in the the past week.

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/index.asp

 

[*Lash*]

Updated list of scheduled entries for the Zahau WDS.
Case #37-00075418-CU-PO-CTL

https://roa.sdcourt.ca.gov/roa/

 

[LuckyLucy2]

Exactly. Attorney Greer has been referring to this for a long time. This is from November, 2014.

http://www.10news.com/news/dina-sha...g-on-lawsuit-filed-by-family-of-rebecca-zahau

I don't think Atty Greer was referring only to the Defendants knowledge of their alleged violent confrontation, and assault of Rebecca. JMO. I think he is referring to something else Rebecca knew about the Defendants, and had to be silenced for it.

I've often wondered if Rebecca knew about some very serious things that compromised Max's safety when not in Jonah's custody. IDK. Maybe Jonah was contemplating going for sole legal and physical custody of Max? Maybe there was an imminent custody battle? That could be embarrassing to both the Shacknais and the Romanos, and result in loss of $$ (child support) if Dina were to lose custody of Max.

The ONLY reason that Greer is going around telling this LIE is because:

1. The SDSO told Anne Bremner and the Zahau family that he would release the entire investigative file, which contained some unflattering things about Rebecca, if Anne Bremenr did not keep releasing things "piecemeal".

2. They need a REASON that Adam Shacknai would alledgely help Dina Shacknai, and they had NONE.

It is so stupid to even suggest that Adam Shacknai would help his brother's ex-wife that he probably had not seen in YEARS "kill" Rebecca Zahau. It just doesn't make sense at all. They had to come up with SOMETHING.

What better way than to flip what the SDSO said? They work sort of like Jodi Arias' family does, and tell LIES that bash the victim and have NO TRUTH TO THEM WHATSOEVER.

IMO, Rebecca DID KNOW about some very serious things that compromised dear little Max's safety when not in Jonah's custody. It was called Rebecca Zahau.

That is why Max was afraid of her. And that is why little six year old Max is now deceased.

 

[screecher]

Also wanted to mention that in several of the recent documents, Attorney Greer has made specific mention that RZ was murdered to prevent her from disclosing information that was embarrassing or unfavorable to the Shacknai and Romano families.

Now, that is interesting to speculate about, and elevates wrongful death action (and motive) beyond ordinary vindictiveness/ retribution. It also potentially implies a monetary value connected to the "prevention from disclosure", IMO. Interesting.



https://roa.sdcourt.ca.gov/roa/face...otion_and_Supporting_Declar_1430441570121.pdf

BBM

"prevent her from disclosing information that was embarrassing or unfavorable to the Shacknai and Romano families. "

Early on it was stated Dina was to pick up Maxie at noon. As we all know, that never happened. Nor was she anywhere to be found. Speculation only ...

.I think perhaps Dina showed at the mansion earlier than expected, reeking of alcohol, slurring her speech and walking a bit wobbly (due to alcohol and clonazepam. She was denied access to Maxie, as she should have been. Chaos ensued, Jonah told Dina to leave, go home, and sleep it off, Dina got even more wacked, while Rebecca was the only one who maintained a level head.

I absolutely can see Jonah was in the early stages of collecting and documenting 'evidence' of Dina's 'negligence' of Maxie. So yeah, maybe a custody battle in the works.

 

[screecher]

Or it could be something as simple as 'someone' hiding a certain lifestyle (sex) preference?

Whatever was going on, got Rebecca killed. IMO.

 

[LuckyLucy2]

Such an imagination you have there, Screechie! :happydance:

 

[K_Z]

There are a lot of things that Rebecca could have known that she would have to be silenced by the defendants, to keep from revealing. I do think it's very possible a massive custody war was brewing.

It's possible that there were aspects of Dina's overnight dating relationship with the new BF that were inappropriate for Max to be exposed to. (Remember Mark something or other? The one that finally answered the door to police on the day of Max's accident, when Dina did not answer the door to police for hours. The same one whose daughter posted on social media the first day that Max was brain dead?) The story Dina has publicly told that she was sleeping with "ear plugs in" is just so ridiculous-- nobody ever bought that story except Dina, IMO. I've always suspected she and her BF were sleeping off a bender all day from the night before. Massive hangover. That makes the most sense to me. JMO.

Add that to other behaviors we know about DS, the stalking, the impulsiveness, vindictiveness, violence with Jonah, etc. and it makes perfect sense to me that Jonah may have been in the early stages of seeking full custody of Max, which would have been embarrassing and infuriating to Dina, IMO-- as well as costing her income by way of child support. He has always struck me as very devoted to his children, and very protective of them. JMO.

We also know Rebecca and Jonah had a long-term live in relationship of 2+ years, and Jonah's best friend Howard Luber has publicly said they were very happy together, Jonah loved how peaceful their relationship was, and they were planning to be married. Jonah may have viewed his home as a more stable and safe environment for Max. Add to that, the idea of the "next" Mrs. Jonah Shacknai being this woman Dina hated and had such a grudge against, could have only added to Dina's rage when Max had his fatal fall. Max was taken from her, and Rebecca was then taken from Jonah to punish him further. IMO.

 

[LuckyLucy2]

More speculation and a such vivid imagination!

Rebecca and Jonah were not "planning on getting married." Jonah never proposed to Rebecca. That was one of the things she was so upset about in her diary. The one that, along with DNA and fingerprints, helped to prove she killed herself.

And after Max's "accident", not only would they not be married, they would no longer be together at all, IMO.

 

[kittychi]

More speculation and a such vivid imagination!

Rebecca and Jonah were not "planning on getting married." Jonah never proposed to Rebecca. That was one of the things she was so upset about in her diary. The one that, along with DNA and fingerprints, helped to prove she killed herself.

And after Max's "accident", not only would they not be married, they would no longer be together at all, IMO.

If people with issues about their partner's children killed themselves over that, there would be a LOT more suicides in the world. I personally can relate to Rebecca's experience there, always in a no-win situation, especially regarding the older kids from the first marriage.

I thought you said she killed herself because you thought she felt guilty that she killed Max and was upset that CPS contacted her. A preposterous thought, IMO, but it is one you have put forth.

IMO, K_Z is exactly right about Dina's jealousy, whether there was a marriage plan or not.

 

[time]

More speculation and a such vivid imagination!

Rebecca and Jonah were not "planning on getting married." Jonah never proposed to Rebecca. That was one of the things she was so upset about in her diary. The one that, along with DNA and fingerprints, helped to prove she killed herself.

And after Max's "accident", not only would they not be married, they would no longer be together at all, IMO.

PURPLE: Can I ask where you are getting this from?