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

[bourne]

BBM- I am trying to understand if the assault by Adam can be alleged differently (as you mentioned) in the amended complaint? Will the Zahau's be able to amend this section to leave open the room for the possibility Rebecca regained consciousness?

ETA - Never mind, I reread AZlawyers post. The Zahau's can amend the assault allegation.

Hi Lash, the judge ruled that Adam's motion re: assault was granted "without leave". This means it cannot be refiled. Other motions re: Adam could be amended by Zahaus though...

 

[Carioca]

Catching up... Thanks K_Z and Lash for all the ROA entry updates!

Rebecca's journal: there is no entry date of when it was written. The dog and pony September 2, 2011 SDSO Press Conference mentions January, 6 or 7 months before she was murdered. Quoting Ann Rule (Fatal Friends, Deadly Neighbors @Ann Rule),

"Still, even though Rebecca Zahau was having a difficult time on that day so many months before she died […]"

BBM Much could have changed/improved in her relationship with Jonah over those months before she was murdered. Reportedly, Rebecca was a very private person. Therefore, her true feelings went with her to her grave. For SDSO to have used this as an indication of her state of mind so many months later was a sham, another cog in their wheel of biased investigation.

 

[*Lash*]

The Court confirms as modified the tentative ruling as follows:

The motion for judgment on the pleadings, filed by defendant Adam Shacknai, is granted without leave to amend the assault claim and with leave to amend the remaining claims.

https://roa.sdcourt.ca.gov/roa/face...A-163_05-01-15_Minute_Order_1430827515163.pdf

-respectfully snipped for context-

The judge's ruling on assault was correct. You can't commit an assault on an unconscious person, and the Z's said Rebecca was unconscious at the time of Adam's assault upon her. You can commit battery on an unconscious person, but not assault. The judge says the Z's can amend their complaint to address this issue.

Hi Lash, the judge ruled that Adam's motion re: assault was granted "without leave". This means it cannot be refiled. Other motions re: Adam could be amended by Zahaus though...

IANAL and all the motions, rulings, etc, can be hard to understand. I'm trying . I see where the court granted Adam's dismissal "without leave" to amend the assault claim and "with leave" to amend the remaining claims. AZlawyer wrote the Z's can amend their complaint to address this issue. Put it all together, I would interpret this to mean the assault is out. The Zahau's can amend the complaint but will have to remove the original assault claim. Since the judged ruled "without leave" no new assault claims can be alleged. Does this seem about right?

 

[IQuestion]

IANAL and all the motions, rulings, etc, can be hard to understand. I'm trying . I see where the court granted Adam's dismissal "without leave" to amend the assault claim and "with leave" to amend the remaining claims. AZlawyer wrote the Z's can amend their complaint to address this issue. Put it all together, I would interpret this to mean the assault is out. The Zahau's can amend the complaint but will have to remove the original assault claim. Since the judged ruled "without leave" no new assault claims can be alleged. Does this seem about right?

BBM & ENLARGED...
OH LASH, I think you are 5k times better than me at understanding "minutiae" of legal paper shuffling and courtroom two-step.
In my very SIMPLISTIC way of looking at it.....when someone is down to arguing whether a person's actions meet the level of "assault" or can't charge a person with "battery" IF THE VICTIM HAS ALREADY BEEN BATTERED UNCONSCIOUS!!!!!????? (Go figure) I feel as if our system of justice system (or at least the pursuit of justice) has been replaced by a bunch of suits who are billing their clients $500 an hour to slice and dice the actual definition of every single word!
But, you know what? When attorneys start arguing the "definition of words" instead of just claiming, "My client is totally innocent"....SOUNDS LIKE SOMEONE IS READY TO MAKE A DEAL.... In my very-humble-don't-understand-legaleeeze-opinion.:blushing:

 

[Gilgamesh]

Posted 19 minutes ago...http://dlvr.it/9l4mYt

 

[IQuestion]

Posted 19 minutes ago...http://dlvr.it/9l4mYt

EXCELLENT GILGAMESH!!! I find myself shaking my head (I CAN'T BELIEVE HOW STUPID J.Caldwell sounds) when I listened to Jan C. saying the screams of a woman heard crying for help "IS NOT RELEVANT."
Damn, damn, damn....it is relevant!!!! Not only were the contents/messages on Rebecca's phone not retrieved by SDSO, even though "last known contacts are always important information" in investigations. "H-E-L-P" is not relevant word if your boss has told you to make sure you throw out everything that doesn't look like suicide, huh? I was glad it was pointed out that the WDS does not have to meet the same level of proof as a criminal case....whew.

 

[Gilgamesh]

Yep. She sounds so lame on that recording! It was interesting to hear how the scream for help sounded. Power to the Zahaus!! Justice for Rebecca

 

[rachaellouise]

As an outsider of this case, it still baffles me that Jonah hasn't stood up for justice of Reebcca more. JMO


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[Gilgamesh]

The second part of Dina's response was odd. Disjointed.

 

[screecher]

I wonder if this is the same lady who called the cops not once, but twice, to report a female screaming or is this female in addition to the lady who called twice.

So, Rebecca's family have two witnesses, thus far.

Justice for Rebecca.

 

[screecher]

I see Defendant D. Shacknai is still using her canned statement of being with Maxie that night. It really bothers me she continues to exploit Maxie's horrific and tragic accident to her own ends.

 

[MzOpinion8d]

K_Z, is it even possible for Max to have been trying to breathe on his own while on a ventilator? I

 

[K_Z]

I find it very interesting that Dina Shacknai continues to speak for herself AND her sister, as if they are of one mind (and maybe they are?). However, not a single mention of the third defendant, Adam Shacknai, in the news coverage, nor from Dina's statement.

Dina has her story, that she was at Rady PICU, and she's sticking to it. That's okay. I have no problem with that, because I think if the case comes to trial next year, as Atty Greer predicts in the interview, that her claims will be put to a test of the evidence-- that she was not captured on any security video, and likely has no witnesses, as investigators had to resort to the cell phone triangulation to try to establish where she might have been. We all know that if there were solid evidence that she was in PICU the whole time, and was witnessed in PICU by workers, or in the hospital common areas by cameras, there would have been no need to triangulate her phone. That's a last resort effort to establish someone's location. Add to that the witness who identified her at the mansion front door and driveway that night.

I note that Jonah and his brother continue to be VERY good at remaining silent, and out of the media.

I commend NBC San Diego and Danya Baccus for covering this story angle from Attorney Greer and the Zahau point of view, as a counterbalance to the last story focusing on Dina Shacknai proclaiming her innocence of the WDS accusations.

http://www.nbcsandiego.com/news/loc...u-Spreckels-Mansion-2011-Death-303178091.html

 

[K_Z]

K_Z, is it even possible for Max to have been trying to breathe on his own while on a ventilator? I

Extraordinarily unlikely in the first days to weeks for a devastating injury and medical course like Max's, for many reasons I won't go into here. (Please reference the EMS thread, now closed-- but open for reading, for more information.)

The short answer is that he suffered, in addition to the massive head injury and spinal cord contusion, a secondary global brain swelling event from the very prolonged (greater than 30 min) complete cardiac arrest, and eventual heart resuscitation sequelae.

During the first days and weeks of a hypoxic ischemic encephalopathy, the patient is kept "deep" on meds (in addition to other meds and strategies to decrease intracranial pressure), to prevent them from breathing and bucking the ventilator. Breathing and "bucking" severely increases intracranial pressure to the point that the brain can acutely herniate (bulges thru the big hole in the bottom of the skull, compressing the brainstem and cord, and dying).

After a period of time, the drugs are withdrawn to see what kind of neurological status the patient has left. I believe Max herniated before he got to that point, and I also believe he was being evaluated for brain death within a day or two of admission. I believe there is no possibility that docs ever held out hope to Max's parents for a recovery, so severe were his injuries, and the sequelae from prolonged cardiac arrest. (Look at the Bobbi Kristina Brown scenario for another example of sequelae from prolonged cardiac arrest.)

So, no, I think there is zero chance Max was able to breathe on his own in the days after admission to Rady PICU. I have opined much more on this in the old EMS thread, if anyone wants to read there. I'd like to endeavor to keep this thread focused on the Wrongful Death lawsuit for the death of Rebecca Zahau.

Here's a shortcut to the Max S. EMS report thread:

http://www.websleuths.com/forums/showthread.php?185699-Max-Shacknai-EMS-Report

 

[kimi_SFC]

I find it very interesting that Dina Shacknai continues to speak for herself AND her sister, as if they are of one mind (and maybe they are?). However, not a single mention of the third defendant, Adam Shacknai, in the news coverage, nor from Dina's statement.

Dina has her story, that she was at Rady PICU, and she's sticking to it. That's okay. I have no problem with that, because I think if the case comes to trial next year, as Atty Greer predicts in the interview, that her claims will be put to a test of the evidence-- that she was not captured on any security video, and likely has no witnesses, as investigators had to resort to the cell phone triangulation to try to establish where she might have been. We all know that if there were solid evidence that she was in PICU the whole time, and was witnessed in PICU by workers, or in the hospital common areas by cameras, there would have been no need to triangulate her phone. That's a last resort effort to establish someone's location. Add to that the witness who identified her at the mansion front door and driveway that night.

I note that Jonah and his brother continue to be VERY good at remaining silent, and out of the media.

I commend NBC San Diego and Danya Baccus for covering this story angle from Attorney Greer and the Zahau point of view, as a counterbalance to the last story focusing on Dina Shacknai proclaiming her innocence of the WDS accusations.

http://www.nbcsandiego.com/news/loc...u-Spreckels-Mansion-2011-Death-303178091.html

Having worked as an RPSGT at Rady's Children's Hospital in my career, performing bedside PSG studies as a contractor in the PICU, I can guarantee you that the surveillance video will confirm or deny her presence there (down to the literal second).

Even at that juncture in our healthcare system, the security systems were top-notch, and the PICU was a restricted access area. I simply don't believe her comings and going weren't documented on multiple cameras within the unit, wing, floors, exits, parking structure(s), if not until she left the surveilled premises.

RCH had the ability to archive footage back then (I'll be highly surprised if they didn't). I truly hope it brings to light the undeniable truth of what happened.

FWIW, the triangulation of her cell phone only tells me where her phone was, not where she was. They aren't "surgically attached" - IYKWIM?

:twocents:

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[K_Z]

Absolutely agree, Kimi_SFC. Every pediatric hospital in this country has every public area covered with security surveillance, due to concerns about child abduction (and including non-custodial parental abduction/ interference).

If DS was not recorded in and around the common areas of the PICU, and entering the hospital, then quite simply, she wasn't there. No matter what she says. Security monitoring at a place like Rady is quite extensive and thorough. And that's not an "opinion"-- it's fact. We're not talking about only *one* camera here-- but multiple views, multiple locations, multiple cameras. And you know they looked at all of it.

And apparently it's all preserved as evidence. We discussed this a while back.

 

[kittychi]

I find it very interesting that Dina Shacknai continues to speak for herself AND her sister, as if they are of one mind (and maybe they are?). However, not a single mention of the third defendant, Adam Shacknai, in the news coverage, nor from Dina's statement.

Dina has her story, that she was at Rady PICU, and she's sticking to it. That's okay. I have no problem with that, because I think if the case comes to trial next year, as Atty Greer predicts in the interview, that her claims will be put to a test of the evidence-- that she was not captured on any security video, and likely has no witnesses, as investigators had to resort to the cell phone triangulation to try to establish where she might have been. We all know that if there were solid evidence that she was in PICU the whole time, and was witnessed in PICU by workers, or in the hospital common areas by cameras, there would have been no need to triangulate her phone. That's a last resort effort to establish someone's location. Add to that the witness who identified her at the mansion front door and driveway that night.

I note that Jonah and his brother continue to be VERY good at remaining silent, and out of the media.

I commend NBC San Diego and Danya Baccus for covering this story angle from Attorney Greer and the Zahau point of view, as a counterbalance to the last story focusing on Dina Shacknai proclaiming her innocence of the WDS accusations.

http://www.nbcsandiego.com/news/loc...u-Spreckels-Mansion-2011-Death-303178091.html

BBM: We also all know that if there were solid evidence that she was at Rady, we would not be questioning this case and demanding justice to this day.

 

[Waitaminute]

My sister and I would again publicly like to extend, for the fourth time since 2012, our offer to share all of the information we have with the Zahau’s and ask that they reciprocate. Perhaps an exchange of accurate data could help both families find answers, healing, and resolution.” huh? did I miss something along the way?

 

[K_Z]

My sister and I would again publicly like to extend, for the fourth time since 2012, our offer to share all of the information we have with the Zahau’s and ask that they reciprocate. Perhaps an exchange of accurate data could help both families find answers, healing, and resolution.” huh? did I miss something along the way?

Possibly an obtuse reference to Dina Shacknai's motion to compel responses to the 100+ special interrogatories?

Again, DS signaling that she and NR are united, and not a single mention of Adam Shacknai. Seems there is no cooperation or unity at all among the 3 defendants.

 

[IQuestion]

My sister and I would again publicly like to extend, for the fourth time since 2012, our offer to share all of the information we have with the Zahau’s and ask that they reciprocate. Perhaps an exchange of accurate data could help both families find answers, healing, and resolution.” huh? did I miss something along the way? (post by WAITAMINUTE...I forgot to include your quote, sorry.)

Hey WAITAMINUTE.....We have a B-I-N-G-O for the poster on Aisle 20!!! You indeed spotted something very, very strange in the comment Dina made: "for the fourth time since 2012, our offer to share all of the information we have with the Zahau's and ask that they reciprocate."
As a long time reader of comments made in the news, I tend to "dissect" what is said, versus what was actually asked. Lots of "double talk and parallel meanings" to confuse the public without providing real answers. Dina may indeed have provided "all the information" in "her possession" (unusual choice of words, maybe an accomplice "has other possessions"???) and that doesn't mean she has been cooperative during the depositions
or forthcoming on other types of information. For instance, who has Rebecca's jewelry? Where are Rebecca's clothes? Did Dina wear a black and white top on July 12, 13th 2011? Why has Dina stated in 2 recent televised news stories,
that Nina and she were not at the mansion.....Uh, that is CLEARLY the ultimate HALF-TRUTH, in my opinion!
After all, the fashion maven in new yoga outfit with a PINK W-R-I-S-T-L-E-T has already said she was at the mansion that night.....go figure.