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

[K_Z]

It's my opinion that AS will be the first one to offer to settle with the Zahaus. And I think they will agree.

 

[Jessica2012]

I have a feeling that AS is not as bright as his brother and wouldn't necessarily think of that. JMO

@kittychi- I have heard that both brothers are equally intelligent, but AS was never interested in the world of business and making mega bucks.

Also, where did you guys read that they were
sailor 's knots (besides from a lawyer)? I don't disbelieve what is written, I can't find that information anywhere.

 

[K_Z]

Adam and Jonah may be equally intelligent, but it's pretty obvious that Adam has some serious social interaction issues that Jonah absolutely does not have.

I've often thought that Adam has displayed public behaviors that are consistent with Asperger's syndrome, or a similar diagnosis. JMO. I could be wrong, but I don't think I am. And then I connect that with both Jonah's and Dina's involvement with autistic charities and therapies, and I have to scratch my head again.

And then there are the rumors about the real functional/ emotional/ mental status of Nina's adult son, who accompanied her to Coronado--the son she told police she couldn't "leave alone" to do her polygraph.

Jonah appears to be quite protective of Adam (like Jonah is with his children). That only reinforces my observations of Adam's behaviors. I've posted since the beginning of all this that Adam, IMO, appears to be a somewhat vulnerable adult.

Whatever his involvement in Rebecca's death and "discovery" was, it's my opinion he was recruited/ manipulated into participating.

I think it's entirely possible he is a competent tugboat captain, and also highly functioning autistic, or has Asperger's syndrome. JMO.

 

[LuckyLucy2]

With all due respect, it is NOT possible that someone could be a Tugboat CAPTAIN on the Mighty Mississippi, responsible for a boat moving TONS of cargo up and down the river, responsible for managing and communicating with a CREW and also be highly autistic or with Asperger's syndrome!!!

That notion, my dear KZ, is absolutely preposterous.

Adam had just found his brother's girlfriend hanging from a balcony, first thing in the morning, BEFORE he had coffee.

Most people would be babbling IDIOTS under those circumstances. His poly was taken later that same day.

Not ONE of us would be "normal" under those circumstances.

And how exactly is Jonah protective of Adam? He has never even mentioned Adam. Is that just another baseless rumor, your opinion (based on what?) or do you have a link to back that up?

As for Nina's son, IMO, she did not want to leave him alone because of all the rumors that were swirling around...were there hit men out, etc. No mother would want to leave their child alone- no matter how old- under such circumstances.

Nope. Just more rumors. And, IIRC, you also once tried to say that Max may have been autistic or have Asperger's.

Why do you want someone to have Autisum or Asperger's so badly that you would go there for THREE different people???

I happen to donate to Multiple Sclerosis each year. I don't have it, and neither does anyone in my family.

JMO

 

[K_Z]

No. Never have I ever said, posted, or hinted that I thought Max was autistic or had Asperger's. I don't even think he had a behavior problem. He was indulged, but from all indications, was a very polite, active, and reasonably well behaved kid.

Max was clearly a very bright (possibly even gifted), highly functional, very loved little boy. I do not think Max was disabled in any discernable way, or had any emotional, mental, or behavioral disorders. He was a wonderful little boy, and very loved and appreciated by everyone, from all indications.

Hope that's clear enough. This thread is not an attack on Max.

It's quite unfortunate, "my dear" Luckylucy, that you don't think people with autism or Asperger's syndrome can hold responsible jobs in society. I don't agree with that at all.

Please re-read my post. My comments are about ADAM SHACKNAI, who is named in the WDS filed by the Zahaus. My comments are not about Max. I never even mentioned Max. Quit trying to twist my words into something they are not.

By the way, Susan Boyle has Asperger's syndrome. She's pretty successful, right?

"It was the wrong diagnosis when I was a kid," she tells the paper. "I was told I had brain damage. I always knew it was an unfair label. Now I have a clearer understanding of what's wrong and I feel relieved and a bit more relaxed about myself."

Boyle says she was called "Susie Simple" when she was growing up.

Intelligence

"I thought I had a more serious illness and couldn't function properly," Boyle says. She reveals in her interview, though, that a series of tests showed her intelligence levels were not connected with her condition: "I was told my IQ was above average."

Asperger’s syndrome is sometimes referred to as a "high functioning" form of autism, because those with the condition often have average or above-average intelligence. People with Asperger’s don't usually have the learning problems linked with autism.

http://www.webmd.com/brain/autism/news/20131209/susan-boyle-aspergers

 

[Frigga]

My Heart Goes Out To Everyone Involved.
I would like to write that if I am wrong in what I believe, and I learned with absolute proof that Dina is responsible for Rebecca's death, I without a doubt think Dina should be held accountable and punished to the maximum.
BBL, I agree with you that no matter what happened, nothing would justify murdering Rebecca-even if it is proven with certainty that she intentionally hurt Max.

I have always felt sad for Rebecca's loved ones, especially her parents, because no matter what happened they were innocent. No human being should have to go through that type of pain, and it is unimaginable.
GOD BLESS EVERYONE INVOLVED.

That was very beautifully stated. I agree wholeheartedly.

No matter what comes of this suit two lovely people that had the world at their feet are dead... gone forever- never to return to their loved ones- never given the chance to become what they were intended. it is a tragedy all the way around. No one wins here- even if this wrongful death suit is 'won'.

 

[Frigga]

I just want to add that my father was an ex special operations soldier, turned nuclear engineer who also has Aspergers. He was a private pilot who built and flew his own kit plane.

I beg to differ with LuLu's ridiculous assertions about autism and asperegers.

My husbands cousin is a physicist at a National Laboratory who is an extremely high functioning individual with Autism.

LuLu might want to take a look at the bio of Temple Grandin- as well.

Here's a link:
http://www.biography.com/people/temple-grandin-38062

 

[Jessica2012]

That was very beautifully stated. I agree wholeheartedly.

No matter what comes of this suit two lovely people that had the world at their feet are dead... gone forever- never to return to their loved ones- never given the chance to become what they were intended. it is a tragedy all the way around. No one wins here- even if this wrongful death suit is 'won'.

@-Frigga- Thank You
You beautifully and eloquently wrote how I feel. We are definitely on the same page regarding this;
No matter what the end result is, it is forever of sadness for everyone involved. Rebecca and Maxie are not coming back.

I often think of Rebecca's father who passed away grieving the horrible death of his daughter. I think of Rebecca's mom who is left without her husband and her daughter...
Dina who must keep on going without her only son who was the light of her life and her reason to keep going. Jonah, who lost the two people he loved the most.
No parent should ever have to bury their child.

Both families at war trying to find out what happened to their loved ones without any resolution this many years later.

It is unimaginable tragedy to me, for everyone involved.

 

[*Lash*]

-respectfully snipped for context

And then there are the rumors about the real functional/ emotional/ mental status of Nina's adult son, who accompanied her to Coronado--the son she told police she couldn't "leave alone" to do her polygraph.

From below, Nina's son has Asperger's and at least age 18 in July of 2011. Another alleged rumor I think we can put in the 'fact' column.

Horse Sense provides therapy
April 12, 2003

Tracy resident Nina Garner's son, Guy English, 10, also has Asperger's syndrome and found therapy at Horse Sense, at Lammers and Schulte roads.

Garner said the confidence Guy developed on horseback has permeated his life at home and at school.

"He is calmer. He's able to concentrate. And he has more self-confidence," Garner said.

http://m.recordnet.com/apps/pbcs.dll/article?AID=/20030412/A_NEWS/304129935&template=wapart

 

[screecher]

Please. Rebecca was NOT a Mom.

Please. For all intent and purpose, Rebecca was indeed a Mom. When Max was in his father's and Rebecca's spaces, Rebecca absolutely filled that void. And that is fact, like it or not. The ex-Mrs. Jonah Shacknai may not have liked it and obviously you are tremendously bothered by it, demonstrated by your vitriolic and marginalizing posts. But hey, you what? I'm happy for Max he had Rebecca, as I believe Jonah was. In fact, according to Luber, Jonah Shacknai was wanting to marry Rebecca! Would he want to marry someone who didn't care for his child in a mothering way? I think not.

 

[screecher]

snipped and BBM

Riiigghhht. Blame everything on Dina...
She was at Rady's with her critically injured son.

Riiigghhht. The ex Mrs. Jonah Shacknai was at Rady. The video proves it.:laugh::innocent:

 

[screecher]

BBM

Throughout the years since this suit was filed, we have heard of Dina's wrangling with ways to avoid answering questions or giving her deposition.

When does the judge say "enough is enough" and stop this playing games of stalling? It has to be quite obvious to him what she is doing.

And LuckyLucy I do not NEED or WANT a response from you!

The judge in the WDS the ex-Mrs. Jonah Shacknai brought against Max's Dad has had enough of all of her "wrangling" as he has fined her and IMO, is just about ready to dismiss her and her WDS.

The judges world is a very intimate and closed one and IMO, do speak to each about cases. I have no doubt the judge in the Zahaus WDS will drop the hammer on the ex-Mrs. Jonah Shacknai too.

 

[AZlawyer]

It is not all about the money. My opinions and beliefs have zero to do with money. I will not gain a penny, dime or dollar regardless of the outcome. I do not personally know the Zahau family, nor did I know Rebecca. I follow and post about this case because I believe Rebecca's investigation at the least was flawed. I believe confirmation bias played a role in the suicide ruling. I'm still here 4 years later with no money to gain or lose.

I think we all know a dollar amount is required to file a WDS. IIRC, there was discussion regarding the dollar amount meeting a specific criteria for court. Maybe AZlawyer could opine on the dollar amount required?

In California state court? Not that I'm aware of. But California lawyers in my experience tend to include somewhat ridiculous numbers in their Complaints to scare the defendants. In this case, of course, $10 million would not be ridiculous if the defendants really did what was alleged in the Complaint. I just don't think the number was picked for any real reason.

 

[LuckyLucy2]

I just want to add that my father was an ex special operations soldier, turned nuclear engineer who also has Aspergers. He was a private pilot who built and flew his own kit plane.

I beg to differ with LuLu's ridiculous assertions about autism and

My husbands cousin is a physicist at a National Laboratory who is an extremely high functioning individual with Autism.

LuLu might want to take a look at the bio of Temple Grandin- as well.

Here's a link:
http://www.biography.com/people/temple-grandin-38062

First of all, I happen to KNOW Adam has neither condition. He is a very, very, smart and capable man. I also know the very last thing he would do in this world would be to cause his brother any pain.

Susan Boyle, who KZ mentioned, Temple Grandin, and your relatives are doing jobs that do not require managing other people. Adam's job does require that.

Again, I think it is a HUGE stretch to try diagnose ANYONE with Asperger's or Autism based on a few seconds of video.

Lash has proved that Nina's son does had Asperger's.

I can guarantee you that Adam DOES NOT.

JMO

 

[LuckyLucy2]

KZ, my apologies.

You did not say Max had autism or Asperger's. But others certainly did.

Also note that Time's post references the new baby IP said Jonah was having with a new girlfriend (which never happened, another made up rumor, IMO).

Here are just a couple of posts on the subject:

time
12-13-2012, 09:11 AM

I agree. I don't fault Jonah for starting a new family after the tragedies.

I think it's great if he found a new partner, but he's too old to be a new dad (my opinion)... and, they've found autism has some link to older fathers.

Older men are more likely than young ones to father a child who develops autism

(http://health.nytimes.com/health/guides/disease/autism/overview.html?inline=nyt-classifier) or schizophrenia (http://health.nytimes.com/health/gu...ized-type/overview.html?inline=nyt-classifier), because of random mutations that become more numerous with advancing paternal age, scientists reported on Wednesday, in the first study to quantify the effect as it builds each year. The age of mothers had no bearing on the risk for these disorders, the study found. http://www.nytimes.com/2012/08/23/h...hs.com/forums/archive/index.php/t-193002.html


07-21-2011, 02:49 AM #893 obmama

Quote Originally Posted by MsFacetious View Post

It sounds like other than a friend with an autistic son, Jonah doesn't have much connection to special needs.

Obmama:

Actually, Max was a special needs child. Speculation is he had Asperger's, a form of Autism. Dina co-authored a book on the subject.

http://www.websleuths.com/forums/showthread.php?144581-Rebecca-Nalepa/page60

 

[K_Z]

It is not all about the money. My opinions and beliefs have zero to do with money. I will not gain a penny, dime or dollar regardless of the outcome. I do not personally know the Zahau family, nor did I know Rebecca. I follow and post about this case because I believe Rebecca's investigation at the least was flawed. I believe confirmation bias played a role in the suicide ruling. I'm still here 4 years later with no money to gain or lose.

I think we all know a dollar amount is required to file a WDS. IIRC, there was discussion regarding the dollar amount meeting a specific criteria for court. Maybe AZlawyer could opine on the dollar amount required?

In California state court? Not that I'm aware of. But California lawyers in my experience tend to include somewhat ridiculous numbers in their Complaints to scare the defendants. In this case, of course, $10 million would not be ridiculous if the defendants really did what was alleged in the Complaint. I just don't think the number was picked for any real reason.

It occurred to me way back when I first read the appeal document that is available on the web, related to Jonah's and Dina's divorce, that the $10 million dollar amount may have been picked because that is the "public" total of Dina's award from Jonah (separate from the value of the house she was given). Perhaps it was as simple as valuing Rebecca's life at the same dollar value as Dina's divorce award.

Husband pointed out that, pursuant to the consent decree, Wife received her home debt-free, and a cash payment of $2,900,000, she had already received stock valued at more than $1,000,000, and she could potentially receive another $6,200,000 in assets through the trusts.

http://law.justia.com/cases/arizona...ion-one-unpublished/2015/1-ca-cv-13-0555.html

I don't think it's a secret that Nina is not wealthy, nor is Adam wealthy independent of his brother's wealth. And from the progress of the lawsuit over the past 3 years, it seems to me that Dina is the real "target" of the lawsuit-- she is certainly the only one of the 3 to be aggressively participating in the lawsuit, filing lots of motions, changing attorneys often, etc.

It's also kind of obvious that the 3 defendants are not working together at all.

As I said before, I think Adam will eventually offer to settle, and I think the Zahau's will accept.

It would be quite interesting to know how much Dina has requested from Jonah in her WDS against him for Max's death. Because I suspect it is a very big number. But that case appears to be in the final stages, and most likely will be dismissed later this month, whether Dina pays Jonah and MIM the court ordered $28,000, or not. JMO.

 

[AZlawyer]

It occurred to me way back when I first read the appeal document that is available on the web, related to Jonah's and Dina's divorce, that the $10 million dollar amount may have been picked because that is the "public" total of Dina's award from Jonah (separate from the value of the house she was given). Perhaps it was as simple as valuing Rebecca's life at the same dollar value as Dina's divorce award.



http://law.justia.com/cases/arizona...ion-one-unpublished/2015/1-ca-cv-13-0555.html

I don't think it's a secret that Nina is not wealthy, nor is Adam wealthy independent of his brother's wealth. And from the progress of the lawsuit over the past 3 years, it seems to me that Dina is the real "target" of the lawsuit-- she is certainly the only one of the 3 to be aggressively participating in the lawsuit, filing lots of motions, changing attorneys often, etc.

It's also kind of obvious that the 3 defendants are not working together at all.

As I said before, I think Adam will eventually offer to settle, and I think the Zahau's will accept.

It would be quite interesting to know how much Dina has requested from Jonah in her WDS against him for Max's death. Because I suspect it is a very big number. But that case appears to be in the final stages, and most likely will be dismissed later this month, whether Dina pays Jonah and MIM the court ordered $28,000, or not. JMO.

BBM

In Arizona, in a wrongful death suit, normally the Complaint would not include any number for damages at all. If a case is dismissed, settled before trial, or won by defendants, it would be quite possible for the entire court file to contain no reference to a damage figure.

 

[LuckyLucy2]

Adam will NEVER settle this case after being accused by the Zahaus of committing a horrible murder - of strangling another human being to death.

What person in their right mind (which Adam is) would GIVE MONEY to a family that has, harassed, and made up and spread such VILE and VISCOUS rumors about them and their family???

NO ONE - and certainly not Adam!!!

And WHY would he settle a sham case, when it will be thrown out of court in February?

As to Adam, Dina, and Nina not working together, all you have to do is read their latest Demurrers to see that they being up many of the same points. So I'd say they are working together, and to say they aren't - with nothing to back that up - is just another unfounded rumor, IMO.

Adam certainly isn't planning on settling according to his latest demurrer:


I. INTRODUCTION

After two years, during which Plaintiffs’ counsel have filed eight separate iterations of their complaint in federal and state court, the allegations before this Court remain insufficient and, therefore, the demurrer should be sustained without leave to amend and the case should be dismissed with prejudice. As explained in previous briefing, Rebecca Zahau’s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs’ counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her. Yet after four years of investigation and four sets of counsel, the only allegation connecting Defendant Adam Shacknai to the purported conspiracy is based on a “belief” held by the Plaintiffs. Where an allegation is based on nothing more than a “belief,” it is black-letter law that the allegation must be accompanied by allegations setting forth facts upon which the belief is founded. Gomes v.Countrywide Home Loans, Inc. 192 Cal. App. 4th 1149, 1159 (2011). The Second Amended Complaint, however, fails to make any such allegations. After eight attempts to state a claim against Mr. Shacknai, enough is enough. This demurrer should be sustained, and this time, sustained without leave to amend.

IV. ARGUMENT

A. No Factual Basis Is Set Forth for the Allegations Against Mr. Shacknai.

As the Court explained in its May 1 order: “Allegations based on information and belief must set forth facts upon which the belief is founded. Gomes v. Countrywide Home Loans, Inc.
(2011) 192 Cal. App. 4th 1149, 1159; Dowling v. Spring Val. Water Co. (1917) 174 Cal. 218, 221.” Order at 4. Rader Decl. Ex. M at 4. Indeed, Gomes makes clear that “[a] pleading made on information and belief is insufficient if it merely asserts the facts so alleged without alleging such information that leads the plaintiff to believe that the allegations are true.” Id., 192 Cal. App. 4th at 1158.

Under this standard, the SAC is insufficient. Like the FAC, the allegations that connect Mr. Shacknai to the purported conspiracy remain unchanged—they are alleged only on information and belief. That is, the FAC alleges nothing more than: “Plaintiffs believe that at this time, ADAM, who . . . was sleeping in the guest house at the residence, was awakened by the commotion and came to the scene.” FAC ¶ 21 (emphasis added). Although the SAC has certain additional allegations as to the other defendants, there are none with respect to Mr. Shacknai. Rather, the SAC simply recycles the same sentence from the FAC, which this Court already has found insufficient: “Plaintiffs believe that at this time, ADAM, who . . . was sleeping in the guest house at the residence, was awakened by the commotion and came to the scene.” SAC ¶ 22 (emphasis added). Simply, the SAC utterly fails to allege any information that leads Plaintiffs (or their counsel) to believe this allegation is true. Therefore, Mr. Shacknai’s demurrer should be granted.

C. The Court Should Dismiss the Claims Against Mr. Shacknai With Prejudice.


The allegations of the SAC—which, between the various complaints submitted to this Court and in federal court, are in their eighth iteration—accuse Mr. Shacknai of a heinous crime. Yet after these myriad iterations, and after being directed by this Court to plead the facts that lead Plaintiffs and their counsel to include the allegations made on information and belief, the only allegation that supposedly connects Mr. Shacknai to the purported conspiracy has no factual basis. The SAC merely recites the same unsupported “belief” allegation from the defective prior complaint: “Plaintiffs believe that at this time, ADAM, who . . . was sleeping in the guest house at the, was awakened by the commotion and came to the scene.” SAC ¶ 22 (emphasis added).

Not only is responding to the various iterations of the complaint taking their toll on the defendants, so are the media reports. For example, on the same day as the August 1, 2014 CMC—at which the parties agreed the Plaintiffs would file an amended complaint before this Court—an article dappeared stating: “Attorneys for both sides will be back in court next January [i.e., January 2015] to set a trial date.” Rader Decl. Ex. O. The article quoted Plaintiffs’ counsel extensively, including with respect to the allegations as to Mr. Shacknai. Id. Most recently, approximately a week after the Court ordered Plaintiffs’ counsel to re-plead the complaint, yet another article appeared about this case. Plaintiffs’ counsel “told NBC7 there is now a piece of evidence he thinks could be the key to this mysterious case: an audio recording of investigators interviewing a woman who was near the Spreckels Mansion before Zahau's body was discovered.” Id. Ex. P. It is unclear why this merited the coverage it received. Four years ago, Plaintiffs’ then-counsel was brandishing this exact information as “new compelling evidence” in support of her contention that the Decedent was murdered. Id. Ex. Q.

After eight iterations of the complaint spanning nearly two years in both federal and state court, Plaintiffs’ counsel have alleged nothing more than they “believe” Mr. Shacknai joined the purported conspiracy. At this point, the only conclusion to be drawn is that they have alleged nothing more because they cannot. As a matter of law, that a plaintiff “believes” someone committed a wrong is not enough to require someone to stand trial. Therefore, the SAC should be dismissed with prejudice.


V. CONCLUSION

After four years of investigation, four sets of counsel, and eight iterations of the complaint, Plaintiffs’ counsel have been unable to come forward with any allegation for including Mr. Shacknai as a defendant in this case other than a belief for which they have no factual basis. Therefore, the Complaint and each of its causes of action should be dismissed as to Mr. Shacknai, and dismissed with prejudice.


Dated: June 1, 2015 WINSTON & STRAWN LLP

If the Zahaus are willing to SETTLE, that proves to me that this has NEVER been about JUSTICE, but about trying to frame innocent people of MURDER to make $$$$$$$$$$$$$$$$$$$$

 

[justice be served]

Seems to be an awful lot of discussion on settlement lately. Not to mention "what if's" (Dina really did it, Rebecca really killed Max, etc). Me thinks it is getting close for the rubber to meet the road. I would think, but of course have no idea, that Dina's depo is imminent. Her (hopefully) truthful testimony is so overdue.

 

[LuckyLucy2]

From Dina's Latest Demurrer

Here, Plaintiffs allege that the basis of their believe that Adam killed decedent is "the injuries sustained by Rebecca on the amount of strength needed to create such injury. But that information does not in any way logical or rationally connect Adam to decedent's death. This information does not tell us why Adam, as opposed to anyone else, killed decedent. It excludes literally anyone in the world who has the same or greater strength than Adam as someone who could have killed the decedent. The alleged basis for the belief is a non-sequitur relative to the allegation.

Of course, the reason the purported information does not have any rational relation to the charging allegation is because Plaintiffs admit that in fact, they have no facts to allege in support of the assertion that Adam killed decedent. The qualifying allegation that defendants removed all of the evidence has no basis at all and therefore it cannot be accepted as true. Which leaves us with the simple and unavoidable conclusion that Plaintiffs have no evidence - no facts - to base this or another charging allegation or claim against Ms. Shacknai or any other defendant. The law requires that this conclusion be reached because it is a judicial admission of a fact that is conclusively deemed true against the pleader.

pg 8 line 4. The problem with this is that the very allegations that Dina and Nina were involved at all, or were even in the house at all on the morning of decedent's death, among other things are themselves allegation-made-on-information-and-belief without a sufficient, rational basis; it's the allegation-made-on-information-and-belief equivalent of double and triple and quadruple hearsay...

V. Conclusion

Ms. Shacknai takes very seriously Plaintiffs' admission that they have no evidence in support of the involvement of any defendant in any alleged murder of decedent. It is a quintessential parapraxis. And it's the reason Plaintiffs have pled their complaint the way they have. Its literally impossible that Plaintiffs have any information to support the allegations they are making. Plaintiffs of course, have the entire investigatory files from the investigating agencies and they therefore are able to pilfer any and all facts from the investigations that they believe implicates Ms. Shacknai and the other defendants. Yet the only charging allegation concerning Ms. Shacknai that is not based on information and belief is that of a witness who thinks he saw her outside the house on the evening before the morning that decedent was found dead. That alone cannot save Plaintifs' complaint. The demurrer should be sustained.



From Nina's Latest Demurrer

Nina Romano demurrers to plaintiffs' Third Cause of Action for "Survival Action - Negligence" on grounds that there is a failure to state facts sufficient to constitute a cause of action (Code Civ. Proc., §430.10, subd. (e)), and on grounds the allegations are otherwise uncertain as they relate to this defendant (Id., at subd. (0).

Nina Romano demurrers to plaintiffs' Fourth Cause of Action for "Survival Action —

Conversion" on grounds that there is a failure to state facts sufficient to constitute a cause of action (Code Civ. Proc., §430.10, subd. (e)), and on grounds the allegations are otherwise uncertain as they relate to this defendant (Id., at subd. (0).

WHEREFORE, defendant Nina Romano prays as follows:

That this Demurrer be sustained with respect to the First Amended Complaint and each of the causes of action alleged as against this defendant, namely the First, Second, Third and Fourth Causes of Action, and that it be sustained without leave to amend;

That defendant recover costs of suit herein incurred; and,
For such other and further relief as the court may deem just and proper.