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

[LuckyLucy2]

respectfully snipped:



^^^^^ This! I've asked a few times and no one seems to know the answer. I would imagine this would be an important question at the deposition.

Why woulld this be an important question? It does not place any of the three in the courtyard or in the hanging room. That is the evidence the Zahaus will need to win this case - should it ever make it to trial, which I highly doubt.

 

[LuckyLucy2]

Hi Justice,

Thank you for your reply. And yes, every person I talk to about RZ's murder agrees, not even 1 person has any doubt. NOTHING aggravates me more than injustice and bias comes in a close second. It's so sad that that common sense and logic have been disappearing for decades now, little by little. I didn't take notes, but after RZ's body was found and NOT covered by umbrella or whatever it takes, every time on the news after that, the ME was there within 4 hours and precautions were taken to prevent loss of evidence.

There is another case I'm following just as closely about a missing person from PA a DA. There is a poster there who makes the same kind of posts withOUT links....he says it's from a source he cannot reveal.

It is sad for Dina to lose her son. By the same token, it is sad for RZ's family to lose a daughter and a sister. Name calling and gloating over what is going to happen (and who really knows what it will be) is very distracting.

I hope the truth will be revealed and (to use your name) justice be served for all parties involved.

xoxo right back at ya.

You call it Rebecca's murder as if that were a fact. That is not true. Her death was ruled a suicide by the four agencies investigating.

Do you have a link to show it was murder?

Here is the link that PROVES it was suicide:

http://sdsheriff.net/coronado/

 

[LuckyLucy2]

I've been following this forum for many years, and I don't recall seeing videos or photos of Rebecca where Max wasn't smiling. I also don't recall reading anything where she told so many different stories. Do you have a link for the photos and stories, please?

Just google for the photos, the video was on the Dr. Phil show, and we learn about how her stories changed from Nina's audio interview with CBS8 San Diego, from Dina Shacknai's story in Phoenix Magazine, and Ann Rules story.

Since I said it was JMO, I will not supply links as they have been linked many times throughout these threads.

 

[MyBelle]

Personally, I believe that a gag order would be attached to any sort of settlement the offered the Zahaus. IMO they would not agree to a settlement unless they could also allow the truth to come out.This has always been about justice and righting a wrong. MO, not settling and not accepting a gag order shows how little this is about money. They want the truth and hopefully they want us all to finally hear it as well.

I think confidentiality clauses are usually part of any settlement although I doubt there will be a settlement in this case.

JMO

 

[AZlawyer]

IIRC, AZlawyer has addressed this numerous times. The WDS is about RZ's death and evidence related to Max's death is not admissible.

I don't think I ever addressed this at all. Evidence relating to Max's death will certainly be admissible, both (1) to show that Rebecca had a motive for suicide, and (2) to show that the Defendants had a motive for murder.

-------------------------

Responses in blue:

With all due respect, AZLawyer, I understand that you are on the side of the Zahaus so your viewpoint and spin is from that prespective.

Are you ever wrong about that. I have trouble being on one side or another before all the evidence is in even when I'm paid by one side! My clients complain about this all the time, but most of them come around to the realization that having someone rabidly "on your side" only leads to the failure to identify weaknesses in your case.

In this case, I haven't followed the evidence nearly as closely as many people here, so I haven't picked a side. I'm here to answer legal questions and to learn more about the case. I click "thank you" when someone provides information instead of vitriol, which is pretty rare in this forum, and I correct legal errors when I see them regardless of the author's position.

As for the legal aspects of the Zs case, I think I said from the beginning that I expected their case to be dismissed for lack of evidence and/or statute of limitations problems. I'm surprised it's gone on this long.

However, I find much information ton Settlement and Mediation that seems to disagree with you said, and I stick by my original post.

Of course, I am on the side of the Shacknais, so my viewpoint and spin is from that prespective.

I just don't see someone filing a CIVIL lawsuit for $10 Million dollars, unless money is what they are after. And in my opinion, the Zahaus are 100% about the money, and settlement is also usually 100% about the money.

I expect that the Zs checked off "settlement conference" instead of "mediation" because they didn't think the Defendants were likely to offer much of anything voluntarily. You can want a settlement ($) and still realize that you're not likely to get it. I do think, however, that another motive for the lawsuit was to obtain information through discovery.

Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action.

If you are considering settling a legal claim in your civil case, or if you have received a settlement offer, you should talk to your attorney and receive his or her thorough assessment of the case and the prospects for settlement. Consider the following points (partial list):

Amount he or she thinks the case is worth in a range of dollar amount.

The defendant's own monetary resources

If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.

Discuss the minimum amount you will accept

http://litigation.findlaw.com/filin...ore-trial-settlement-alternative-dispute.html

Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary resolution of a dispute. Mediation is an informal, confidential, and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices. It can help people resolve civil, family, juvenile and other matters in a less adversarial setting. Court mediation programs have been shown to save the parties time and money, improve satisfaction with the court’s services and reduce future disputes and offenses.

The mediator helps the parties to:

communicate better,

explore legal and practical settlement options, and

reach an acceptable solution of the problem

The mediator does not decide the solution to the dispute; the parties do. Mediation can result in a legally enforceable contract agreed to, in writing, by the parties.

Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties and help them communicate with each other in a constructive manner.

When cases are resolved through mediation, the parties may save money that they would have spent on attorney’s fees, court costs, and experts’ fees, which can total thousands of dollars.

http://www.monterey.courts.ca.gov/ADR/Mediation.aspx

Everything you posted above is completely correct and also completely consistent with what I said. I fail to understand where you think we disagree.

 

[AZlawyer]

To clarify, mediation is a form of settlement conference. The differences tend to be in who runs the conference and how "involved" it is. In both cases, the goal is to reach a settlement agreement, which generally (but not always) involves the payment of money to one party, usually the plaintiff.

But if the conference is run by a busy judge, is only scheduled for an hour, and does not involve separation of parties and pressure applied by the judge (typical "settlement conference"), a resolution is less likely than if the conference is run by a trained mediator, is scheduled for 4 hours, and involves separation and pressure tactics (typical "mediation").

Therefore, people who really think a case can and should settle generally opt for mediation. People who think a case can't or shouldn't settle generally opt for a settlement conference.

There can be many reasons why a defendant would think a case can and should settle besides guilt. For example, maybe the defendant is a realist and/or doesn't have a quarter of a million dollars to spend on legal fees and/or would like to go on with his life.

There can be many reasons why a plaintiff would think a case can't or shouldn't settle besides the desire to go to trial and expose the truth. For example, maybe the plaintiff thinks the defendant is bullheaded and has unlimited funds to litigate. Or maybe the plaintiff wants to complete discovery to obtain information that will be lost to him if he settles.

 

[LuckyLucy2]

AZLawyer, thank you so much for your detailed explinations about our posts. I truly appreciate your expertise (and honesty) in this forum and only questioned your post in the spirit of healthy debate. Just want you to know I do always appreciate your expert opinion.

This case certainly has been a doozy. In the end - whether the case is settled or goes to trial - no one has won. There will still two families and their friends hurting deeply from the loss of their loved ones.

JMO

 

[BBL]

Why woulld this be an important question? It does not place any of the three in the courtyard or in the hanging room. That is the evidence the Zahaus will need to win this case - should it ever make it to trial, which I highly doubt.

Because it will help question the timeline, the motivation of why Nina had to take the car, the whereabouts of Dina.. you know, all the highly questionable stuff that will then lead to Dina, Nina and Adam being in the courtyard. Do you happen to have a link that speaks to why Nina had to take Jonah's car and when he got it back? By whom? Pointless to ask, because I know what you'll say. IMO, it is very relevant and very important.

 

[Sharyne]

You call it Rebecca's murder as if that were a fact. That is not true. Her death was ruled a suicide by the four agencies investigating.

Do you have a link to show it was murder?

Here is the link that PROVES it was suicide:

http://sdsheriff.net/coronado/

No, I do not have a link to prove it was murder, but I've not seen a link for any witnesses saying Dina was at Max's bedside during the death of RZ.
San Diego Sheriff's Dept is not perfect and imho will be proven that suicide was wrong.

Just google for the photos, the video was on the Dr. Phil show, and we learn about how her stories changed from Nina's audio interview with CBS8 San Diego, from Dina Shacknai's story in Phoenix Magazine, and Ann Rules story.

Since I said it was JMO, I will not supply links as they have been linked many times throughout these threads.

Ok.

 

[MzOpinion8d]

Someone who later claims to have heard screams yet didn't bother to call 911 at the time is just seeking attention and isn't credible. Cops wouldn't find such a report credible and neither would a jury.

JMO

I have heard screams outside and not called 911, but if I later found out a crime had occurred in the area, I would contact police to let them know. I live in a college town and there are often people out just acting silly, so police would get really annoyed if every shriek was called in.

Last year I heard a gunshot around 2 am, but it was only one and I had no way of knowing which direction it came from, so I didn't call 911. Later I found out someone a few blocks away had committed suicide by gun and that's what I heard. The sound carried. I still feel a little sick every time I think of it, knowing that when I heard that sound, someone's life ended.

 

[*Lash*]

Because it will help question the timeline, the motivation of why Nina had to take the car, the whereabouts of Dina.. you know, all the highly questionable stuff that will then lead to Dina, Nina and Adam being in the courtyard. Do you happen to have a link that speaks to why Nina had to take Jonah's car and when he got it back? By whom? Pointless to ask, because I know what you'll say. IMO, it is very relevant and very important.

Hi BBL :wave:

I agree this detail is very important and relevant to the timeline of events. Nina's Nov 2011 media interview is how we became informed she borrowed Jonah's car that Tuesday night. It was never mentioned in any of the search warrants, press conferences, etc. Nina did not elaborate during her media interview on how she returned Jonah's car. I am curious if Nina told the detectives she borrowed Jonah's car? IIRC, one of the search warrants requested approval to search all the vehicles on the Spreckels property. Was Jonah's car searched by forensics for possible evidence? In my opinion, if the car was still in Nina's possession and not on the Spreckels property, it was likely not searched.

 

[screecher]

Was dina's car searched, anyone know? Did nina and dina drive back to Rady in one car? If so, which one?

I remember the early morning of the "violent and suspicious death" of Rebeeca, seeing a number of vehicles in JS's driveway and in his garage. Please tell me the corrupt SDSO did not use JS's parking area for their own use. That would be the same area nina 'never touched the gate', IIRC. UGH.

 

[MyBelle]

Because it will help question the timeline, the motivation of why Nina had to take the car, the whereabouts of Dina.. you know, all the highly questionable stuff that will then lead to Dina, Nina and Adam being in the courtyard. Do you happen to have a link that speaks to why Nina had to take Jonah's car and when he got it back? By whom? Pointless to ask, because I know what you'll say. IMO, it is very relevant and very important.

I'm not understanding your point that Jonah's car is relevant. It's his personal property but it had absolutely nothing to do with RZ's death, afaik. It isn't part of this lawsuit is it?

 

[BBL]

I'm not understanding your point that Jonah's car is relevant. It's his personal property but it had absolutely nothing to do with RZ's death, afaik. It isn't part of this lawsuit is it?

The fact that Nina had to borrow Jonah's car has everything to do with this lawsuit.

 

[MyBelle]

The fact that Nina had to borrow Jonah's car has everything to do with this lawsuit.

Where is that "fact" mentioned in this lawsuit? JS isn't a party to the case. Thanks.

 

[LuckyLucy2]

<snipped> No, I do not have a link to prove it was murder, but I've not seen a link for any witnesses saying Dina was at Max's bedside during the death of RZ.

Dina's witnesses

1. "The sheriff has determined that cell phone evidence and video cameras at the hospital confirmed that Jonah Shacknai was at the hospital standing vigil for Max the entire time when Rebecca Zahau&#8217;s suicide occurred. Video cameras at the hospital also showed Dina was there during that time period."

http://www.thedailybeast.com/articl...bysitter-rebecca-zahau-s-death-no-murder.html

2. In the audio interview of Nina Romano, she states that Dina had nurses as witnesses and was also on surveillance footage.

http://www.cbs8.com/story/15145788/sister?clienttype=printable

3. In Ann Rules "Two Strange Deaths in Coronado" (written with the input of Anne Bremner and Mary Zahau), she states on page 214:

"The bicyclist must have been mistaken. Numerous witnesses place Dina in the hospital at Max's bedside throughout Tuesday night.

"She (Ann Rule) did not travel to Coronado or to Arizona, where Shacknai lives, to conduct her research, Rule said, but talked extensively with Zahau's loved ones, who believe she was killed. She also has a long-time friendship with Seattle attorney Anne Bremner, who is representing."

http://patch.com/california/coronado/celebrated-author-ann-rule-turns-her-attention-to-spraecafa7a51

4. From A Boy Interrupted, Phoenix Magazine, Aug. 2012

"Dina says she got the news at the hospital. Jonah was sobbing. He said, Rebecca's killed herself," Dina recalls. As Dina was leaving the hospital, a Coronado police detective paid her a visit. "Are you aware of what happened?" he asked.

The detective would have confirmed at that time with the nurses that Dina had been there all night.

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

5. "However, regardless of our lack of complete information thus far, I could not comment on Mr. Greer's statement as I was with my son Maxie at Rady&#8217;s Hospital in Pediatric Intensive Care, praying for his recovery, and watching him fight for his life, trying to breathe on his own while on a ventilator.&#8221;

She adds:

&#8220;It would be impossible for me to hear any disturbances at Jonah's home as I was with our son alone at a hospital miles away. As well, my sister, Nina was with her son, and our close friend, none of whom heard a disturbance as they were five blocks from Jonah's house on Ocean Blvd. 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&#8217;s and ask that they reciprocate. Perhaps an exchange of accurate data could help both families find answers, healing, and resolution.&#8221;

Source: http://www.nbcsandiego.com/news/loc...nsion-2011-Death-303178091.html#ixzz3fL53Fpju

 

[LuckyLucy2]

The fact that Nina had to borrow Jonah's car has everything to do with this lawsuit.

Borrowing Jonah's car does not mean she was at the mansion "helping kill Rebecca Zahau".

Does not equate and would prove nothing.

 

[screecher]

IMO, nina 'borrowed JS's vehicle', after dina bolted from Rady, to lure Rebecca from the house. nina pulled into, parked in the driveway, sat there, Rebecca left the innards of that death mansion to go outside to the courtyard and driveway thinking it was JS inside that vehicle. All the while, dina was waiting in the shadows.

Knowing where those vehicles,were is indeed crucial to this case.

 

[MyBelle]

IMO, nina 'borrowed JS's vehicle', after dina bolted from Rady, to lure Rebecca from the house. nina pulled into, parked in the driveway, sat there, Rebecca left the innards of that death mansion to go outside to the courtyard and driveway thinking it was JS inside that vehicle. All the while, dina was waiting in the shadows.

Knowing where those vehicles,were is indeed crucial to this case.

And the evidence that this did happen is what, exactly? The scene of RZ's death was determined to be the bedroom/balcony and courtyard of the home. No mention of any car, no matter who owned it.

JMO

 

[Morag]

IMO, nina 'borrowed JS's vehicle', after dina bolted from Rady, to lure Rebecca from the house. nina pulled into, parked in the driveway, sat there, Rebecca left the innards of that death mansion to go outside to the courtyard and driveway thinking it was JS inside that vehicle. All the while, dina was waiting in the shadows.

Knowing where those vehicles,were is indeed crucial to this case.

I would be interested in seeing the tapes from the Rady parking garage to see if Dina's car left and/or returned during the wee small hours when she was presumably alone at Max's bedside. If it never left the garage, that would comport with her version of the night in question. I presume that since the Zahau attorneys have had access to the Rady tapes they could have that information.