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

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  • #701
San Diego Superior Court posting #167.

Just the Notice of Rescheduled Hearing advanced from 6.26.15 to 6.19.15 at 9:30 a.m. That means Case Management Statements must be filed no later than 6.5.15.

'Hearing advanced per court-plaintiff's counsel to notice parties not noticed.'

Does that means there are new attorneys maybe? I haven't been following the attorneys.

https://roa.sdcourt.ca.gov/roa/face...e_of_Rescheduled_Hearing_SD_1432053193094.pdf

I see attorneys listed for all the parties except Nina? As well, Daniel Benchoff is listed? Benchoff and Rake withdrew from the case? Maybe Nina requested the ROH?

Image below is a list of attorneys from ROA doc #153 dated 4/17/15-

image.jpg
 
  • #702
I see attorneys listed for all the parties except Nina? As well, Daniel Benchoff is listed? Benchoff and Rake withdrew from the case?

Image below is a list of attorneys from ROA doc #153.

View attachment 74953

Nina's attorney is listed........just under Dina's.
 
  • #703
Nina's attorney is listed........just under Dina's.

Yes, on the doc #153 from 4/17, but not on the new document Justice be served posted today. Doc #167. The image I posted was just for comparison. Sorry for any confusion.

Today's new doc #167, page 2

image.jpg
 
  • #704
San Diego Superior Court posting #167.

Just the Notice of Rescheduled Hearing advanced from 6.26.15 to 6.19.15 at 9:30 a.m. That means Case Management Statements must be filed no later than 6.5.15.

'Hearing advanced per court-plaintiff's counsel to notice parties not noticed.'

Does that means there are new attorneys maybe? I haven't been following the attorneys.

https://roa.sdcourt.ca.gov/roa/face...e_of_Rescheduled_Hearing_SD_1432053193094.pdf


This is just a rescheduling by the Court. It mentions nothing at all about a change of lawyers, so IMO, it could be anything - even the Zahaus withdrawing the case since the Court ordered the Zahaus' counsel to "notice parties not noticed."
 
  • #705
Two new entries on the San Diego ROA today: #169 (17 pages), and 170 (2 pages)

170 05/18/2015 Order - Other ([Proposed] Order Re Motion to Compel Responses to Request for Production of Documents Set Two) submitted by Shacknai, Dina received but not filed on 05/18/2015. Shacknai, Dina (Defendant) [Proposed] Order Re Motion to Compel Responses to Request for Production of Documents Set Two

169 05/18/2015 Motion to Compel Discovery (RE Responses to Request for Production of Documents Set Two) filed by Shacknai, Dina. Shacknai, Dina (Defendant) RE Responses to Request for Production of Documents Set Two

https://roa.sdcourt.ca.gov/roa/face..._for_Production_of_Document_1432066476922.pdf

https://roa.sdcourt.ca.gov/roa/face...ion_to_Compel_Responses_to__1432066477234.pdf

** Note the date of the PROPOSED order in #170: February 19, 2016.
 
  • #706
Two new entries on the San Diego ROA today: #169 (17 pages), and 170 (2 pages)



https://roa.sdcourt.ca.gov/roa/face..._for_Production_of_Document_1432066476922.pdf

https://roa.sdcourt.ca.gov/roa/face...ion_to_Compel_Responses_to__1432066477234.pdf

** Note the date of the PROPOSED order in #170: February 19, 2016.

BBM. What??? Why are Dina's lawyers providing a document for the judge to sign not until 9 months from now?? Is this just another error by Dina's lawyers on spelling, not proofreading, etc, that K_Z pointed out seems to be a frequent element of their pleadings? And now that I think about it, it reminds me greatly of a Shacknai advocate here in the postings. LOL
 
  • #707
Not sure how you can get phone records from the year 1011? Cell phones didn't even exist then, heck the telephone wasn't even created. This error appears multiple times with each request for another's phone records.

REQUEST FOR PRODUCTION NO. 48

All
phone records, including calls sent and received, voicemails. and text mcssages from any phones utilized by Mary Zahau-Loehncr, including but not limited to all phones owned by her between July 11, 2011 and July 13, 1011.

https://roa.sdcourt.ca.gov/roa/face..._for_Production_of_Document_1432066476922.pdf
 
  • #708
Not sure how you can get phone records from the year 1011? Cell phones didn't even exist then, heck the telephone was even created. This error appears multiple times with each request for another's phone records.

REQUEST FOR PRODUCTION NO. 48

All
phone records, including calls sent and received, voicemails. and text mcssages from any phones utilized by Mary Zahau-Loehncr, including but not limited to all phones owned by her between July 11, 2011 and July 13, 1011.

OMG, who is writing these? Makes me wonder.
 
  • #709
Let's discuss whether any summary judgment motion was actually filed in the San Diego County wrongful death suit. I can't find it on the docket anywhere, but people keep saying Dina filed a motion for summary judgment, which will be heard in October. The October hearing shows up on the docket, but no motion, no response, no reply. Certainly the judge is not going to hold a summary judgment hearing with no motion being filed, so I'm inclined to think the calendar entry is in error unless someone has another idea.

I responded in the lawyer thread. I didn't see this post until just now. Any chance the motion was filed and sealed? More detailed question in the lawyer thread. TIA

http://www.websleuths.com/forums/sh...LAWYERS-No-Discussion&p=11782904#post11782904

FYI, AZLawyer responded to a question about the motion for summary judgment:

No. Sealed documents still show up on the docket. And as you said, there would also be a motion to seal, perhaps a response and reply, and an order sealing the document.
 
  • #710
So Dina is asking for phone records of Adam during those dates too! Also Jonah! That would be #s 49 & 50.

Yeah, Dina, we'd like to see those phone records also. ;)

I'd copy and paste, but for some reason its not working. Drats.
 
  • #711
I think it is XZ's, JZ's, and Mary's phone records that Dina will find the most interesting.

And Rebecca's diary entries about Jonah, Max, and Dina should be quite the read!
 
  • #712
This thread keeps pulling me back to it. I hope there are answers for the Zahau family.....such a tragic crime.

I find myself on both sides. I am eager for clarity and closure regarding both deaths for the familys' sakes, each lost a loved one and suffer more questions than answers. It's not right for anyone involved.
 
  • #713
REOUEST FOR PRODUCTION NO. 55
22 All diaries, journals, personal notes, letters, greeting cards of any kind, kept by Rebecca
23 Zahau, including but not limited to those relating in any way to Jonah Shacknai.

24 REOUEST FOR PRODUCTION NO. 56
25 All diaries, journals, personal notes, letters. greeting cards of any kind, kept by Rebecca
26 Zahau, including but not limited to those relating in any way to Maxfield Shacknai.

REQUEST FOR PRODUCTION NO. 57
2 All diaries, journals, personal notes, letters, greeting cards of any kind, kept by Rebecca
3 Zahau, including but not limited to those relating in any way to Dina Shacknai.

4 REOUEST FOR PRODUCTION NO. 58
5 All diaries, journals, personal notes, and correspondence authored or created by Plaintiff's
6 since July 11, 2011 relating in any way to the deaths of Maxfield Shacknai by Rebecca Zahau.

7 REQUEST FOR PRODUCTION NO. 59
All diaries, journals, personal notes, and correspondence authored or created by Plaintiff's
9 since July 11, 2011 relating in any way to Dina Shacknai.

10 REQUEST FOR PRODUCTION NO. 60
ll All diaries, journals, personal notes, and correspondence authored or created by Plaintitfs
since July 11, 2011 relating in any way to Dina Shacknai.

https://roa.sdcourt.ca.gov/roa/face..._for_Production_of_Document_1432127226891.pdf

It's my strong opinion that this request has little to nothing to do with Dina's defense in this wrongful death lawsuit. This is a ginormous grab at a fishing expedition. This is simply her opportunity to try to get something she "thinks" is "there" to improve her situation in her wrongful death lawsuit against Jonah, which is almost certainly going to be dismissed in the next few weeks. (And most likely dismissed with prejudice, from the extremely strong language of the judge chastising Dina and her attorneys in that case.)

I think it's extremely unlikely she will ever get anything from #55-60 above. Work product, among other reasons. It sure sounds to me like Dina doesn't even really know what specifically she wants to ask for-- just the whole "kitchen sink" of whatever she thinks might exist somewhere. She has to ask for specific documents, IMO, not just "all" or "any", otherwise there are a bazillion arguments against these kitchen sink requests. What is the relevance of requesting any of these things in Rebecca's WDS? I don't think she will get a thing-- but it's another good opportunity/ excuse to say that she keeps asking for things, and not getting them-- as well as a way to keep delaying a trial date and dragging the case on and on.
 
  • #714
:goodpost:

Imo, the 7/11 start date for Dina's requests seems a little odd. If Dina was focusing on the Zahau WDS shouldn't she have asked for journal entries before July 11th? Maybe to look for evidence Rebecca was depressed? I'm thinking going back further might hurt Dina. Rebecca's diary entries prior to July 11th may show a good amount of unflattering details about Dina. It is very feasible Rebecca recorded everything she knew about Dina. Confrontations, the background check, Dina's relationship with Jonah, etc...If true, I can understand the reason for not going back further. I agree the focus of Dina's requests in this motion appears to be more of an attempt to get info for Max's WDS.
 
  • #715
Exactly, Lash. We know about some of the stalking and harassment of Rebecca by Dina. Imagine how much more there is that we don't know about. I've wondered if Rebecca was considering a restraining order against Dina at some point. Even though that may have complicated the custody situation with Max.

Anyway, there are a lot of ways to demonstrate what Dina's attitude and behaviors were toward Rebecca. And I think that a lot of that is already preserved in recorded interviews from 2011 after Rebecca's death.

This is a fishing expedition, IMO. And more delay tactics. Dina does not ever want to have her day in court, IMO-- she will do anything she can to prevent a trial.

Oh-- and attacking the Zahau's immigration status?? That's freaking hilarious! IMO! Really??? THAT's her best effort at defending herself from charges that she killed Rebecca?? That's really pathetic, IMO. And smacks of racism, just exactly like the racist and immigration bashing trash posted about the Zahaus in the "litter box", IMO.

But she refuses to produce her "iron clad alibi" for her whereabouts during the time of Rebecca's death? That's rich.
 
  • #716
I wonder if the Zahau attorneys can or will request all Dina's journals entries, personal notes, letters and greeting cards? Imo, internet history would be a good place to look too.

ETA - Omgoodness, yes the immigration status! IIRC, this was also in another motion filed by Dina. I believe they were declined when they asked for the info from the Dept of Immigration. I believe the declination letter was an exhibit included in Federal doc #60. I will have to look.

It was in a document from Federal suit-
 

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  • #717
I wonder if the Zahau attorneys can or will request all Dina's journals entries, personal notes, letters and greeting cards? Imo, internet history would be a good place to look too.

ETA - Omgoodness, yes the immigration status! IIRC, this was also in another motion filed by Dina. I believe they were declined when they asked for the info from the Dept of Immigration. I believe the declination letter was an exhibit included in Federal doc #60. I will have to look.

It was in a document from Federal suit-

Thank you, Lash-- for your amazing memory and library of this case!

I'm going to copy the 4th, 5th, and part of the 7th paragraph from the USCIS letter to Dina's attorney here, with bolding for emphasis. IMO, Dina is going down the wrong rabbit hole with anything related to any of the Zahau's immigration and citizenship records. It's not at all relevant to any of the cases at hand-- either the state or federal WDS, nor even tangentially relevant to Dina's lawsuit against Jonah.

"While USCIS is under no duty to comply with state subpoenas, a party to a state court proceeding may attempt to subpoena federal records. Compliance with the provisions of 6 CFR Part 5 is a precondition to a waiver of sovereign immunity. In particular, DHS regulations require the party seeking testimony or documents to first set for the in writing, with as much specificity as possible, the nature and relevance of the information sought. See 6 C.F.R. $5.45 Your subpoena requested “any and all documents” related to immigration benefits and stated that these records are material “to prove the nature and extent of injuries and/ or damages alleged by the plaintiff in this lawsuit.” It did not, however, state how specific records are relevant and material to that issue. This fails to provide adequate specificity as required by the regulations.

In addition, if such records do exist, they would be protected from release under 8 USC 1367(a)(2) and section 384 of IIRIRA. Moreover, if the records you are seeking relate to wither a lawful permanent resident or United States citizen, then the Privacy Act, 5 USC 552a, prevents the release of this information without the subject’s consent unless USCIS is authorized by one of the Privacy Act’s exceptions."

"As a result of the forgoing, USCIS must respectfully decline to comply with the subject subpoena in the absence of a demonstration that the release of any information of the subject-person is authorized under the Privacy Ace. Further, even if the Privacy Act were to authorize release, you have not provided me with the requisite writing, which sets for the as much specificity as possible, the nature and relevance of the records sought."

As anyone can see, this is the "same song, second verse", or second attempt to mine the immigration records of not just Robert this time, but Rebecca, Mary, Pari, and XZ. Dina wants them to justify their existence in the U.S. to HER. That's incredibly arrogant, and racist.

You would think that after that letter was received by Dina's attorneys, they would abandon this useless path to nowhere. They are not ever going to be able to show that anything related to the immigration status of any of these witnesses or parties is relevant to whether or not Dina, Nina, and Adam killed Rebecca.

This is just another way, as Lash has pointed out, for Dina to continue to harass and victimize the Zahau family within the confines of the lawsuit. It really is a low blow. Kind of sickening, what it implies, IMO. Is Dina implying that it's okay to kill someone as long as they are an immigrant? Because that is what this looks like on the surface. IMO, it looks like someone trying to justify their actions by blaming the victim, because they and their family are immigrants.

But it IS a nice delay tactic. And a chance for Dina to plant the idea that all of the Zahau family are illegals-- which is exactly what she's doing. As recently as 2 weeks ago when she gave that statement to the local NBC affiliate agent naming the Border Patrol. She is trying to subtly paint the Zahaus as illegals, and taint the jury pool in a part of the country mired in controversy over illegal aliens, IMO.
 
  • #718
Dina has now attempted to obtain immigration records in both the Federal and State suits. Why? Is it an attempt to find an error in their citizenship so the case will be dismissed? If this is the reason, then in my opinion Dina does not have an ironclad alibi. Why waste the time and legal expenses on citizenship subpoenas if Dina has a solid alibi. Nonsensical, really.

This is what Dina is asking for in the state suit from RZ, Mary, Pari and XZ:

All DOCUMENTS relating to or referencing the immigration status and how it may have evolved or changed from the date she came to the United States until the time of her death, including records, applications, petitions, court records, green cards, work permits, travel visas, whether permanent or temporary, as well as any correspondence, communications, notes or memoranda.
 
  • #719
What is the relevance of requesting any of these things in Rebecca's WDS?

Dina has every right to defend herself from the false charges the Zahaus have brought upon her. All of these items are important to the case, or her highly accomplished attorneys would not have asked for them.

In my opinion, her lawyers are trying to show that Rebecca did many problems, and her thinking was not rational. IMO, even before Max's fall, Rebecca had many problems with Jonah's other two children. That is why the Attorney's are requesting all of her diaries, not just those around the time of her suicide.

IMO, her journals will show how much she hated Dina, and plotted against her at every turn. I bet she even talks about how she called Max, "her son" just to tick Dina off. Kim James and her children did not like Rebecca, and Max was scared of her. This has been reported. All of her journals are relevant. The journals will show how much Rebecca wanted Jonah to marry her - something that would never happen after Max was fatally injured on her watch.

I believe Dina attorneys want the Plaintiff's diaries, journals, etc, because they want to show that the Zahaus did indeed believe Rebecca committed suicide…that is, until Anne Bremner came along on July 19th. I believe those records will show that there was a deliberate effort on the part of the Zahaus and Anne Bremner to sway the public perception of the case, in an effort to squeeze money from the Shacknais.

I've wondered if Rebecca was considering a restraining order against Dina at some point.

This is a fishing expedition, IMO. And more delay tactics. Dina does not ever want to have her day in court, IMO-- she will do anything she can to prevent a trial.

But she refuses to produce her "iron clad alibi" for her whereabouts during the time of Rebecca's death? That's rich.

Rebecca had no reason to get a restraining order against Dina. The police would have laughed at her. Just more victim bashing, IMO.

This is America, and the innocent (until proven guilty) are entitled to defend themselves in this county. Thank goodness! That means they get the information they need to do that. It is the Zahaus that are delaying the case at this point…by not giving Dina's Attorneys the information they are entitled to. It is in the court record - the delays are because of the Zahaus, not Dina.

I suggest you read the last page of the Lawyer thread. AZLAwyer has said that evidence has NOT come into the case yet - we are not that far along. The time for Dina to give her statements about that to the Judge are at the Summary Judgement hearing.

IMO, DINA's ego, mental health, and future memory of her son HINGES ON BEING ABLE TO BLAME REBECCA FOR ALL ETERNITY.

Someone here, not to long ago, made the comparison of the Zahauers' (minons) to that of CA and JA minions.

Seems to me DINA is trying to do harm to Rebecca's surviving family, much like JA did to TA's surviving siblings.

It Is Rebecca's fault that Max is dead. Whether accident, or not, it is and will always be Rebecca's fault.

This case has been solved by the SDSO, with help from the DOJ, the FBI, and the Border Patrol. It has been reviewed TWICE by the California Attorney General. In addition, Jonah Shacknai had his own detectives look into the deaths.

The Shacknai supporters are very much like those that defended Travis from Jodi's trolls and followers. Rebecca and Jodi's minions don't care what the TRUTH is, they just "feel" that they are in the right no matter what law enforcement and the facts of the case show.

When I saw Jodi's mother stand before the Judge - AFTER Jodi had been convicted of murder, and had two juries vote 11-1 to kill her - and Jodi's mother is STILL saying that Jodi was the victim, not Travis - I could only think of Mary Zahau and how wrong and disgusting her actions and words have been throughout this - all while proclaiming what a Christian she is. And Jodi's followers, like Rebecca's - spew the vilest and most heinous rumors and accusations - simply because they think she was pretty - or in Rebecca's case, they also hate the rich, or people of the Jewish faith. Disgusting, IMO.


. IMO, Dina is going down the wrong rabbit hole with anything related to any of the Zahau's immigration and citizenship records. It's not at all relevant to any of the cases at hand-- either the state or federal WDS, nor even tangentially relevant to Dina's lawsuit against Jonah.


In my very strong opinion, Dina's Attorneys would not be requesting these records unless they were very important to the case. After all, it is a VERY respected Law Firm. This is not their first court case. They are extremely competent lawyers. They would not request items just because Dina might want them. So there is SOMETHING in those documnts they want. What could that be? Not immigration status. Not at all.

IMO, the records will show any arrest records in Burma, Germany, or Austria. And that will show the reason Dina did not want little Max left alone with Rebecca and another Zahau family member. IMO, Rebecca, and other Zahau family members - had prior arrests or were involved in a child's injuries.
 
  • #720
I personally support the Zahau's pursuit for justice because I believe confirmation bias played a role in the investigation and in deducing what happened to Rebecca. Nothing more, nothing less. Imo, the investigation was not thorough and it wouldn't matter if Rebecca looked like Frankenstein. Religion and money have absolutely nothing to do with my opinion.

ETA - AZLawyer answered more questions in the lawyer thread:

http://www.websleuths.com/forums/sh...LAWYERS-No-Discussion&p=11787198#post11787198
 
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