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

[LuckyLucy2]

Evidently when people make statements to police, the police EXPECT them NOT TO LIE. However, we know a lot of people DO LIE, don't we? Because then they are caught either by physical evidence or in a court of law during trial to have lied. And some are found "guilty" because of their lying statements. That is why the cops give the Miranda Rights and preface to people giving testimonies, "ANYTHING YOU SAY CAN BE USED AGAINST YOU". Does that mean people do NOT LIE? No it does't.

So you are saying that Rebecca lied to police and medical personnel? WHY would anyone do that when a little boy's LIFE is at stake?

 

[MyBelle]

So you are saying that Rebecca lied to police and medical personnel? WHY would anyone do that when a little boy's LIFE is at stake?

I think those are the questions that Rady Hospital wanted answered.

 

[*Lash*]

Daniel Benchoff is still listed representing DS in the San Diego ROA for the State case. (Along with Schumann and Rake).

Thank you KZ! The ROA is not showing any motions to withdrawal counsel Benchoff from the Zahau state suit. For now he is still with Dina on the Zahau state suit. Benchoff withdrew on 4/7 from the federal suit and withdrew from Maxie's WDS on 4/9.

A side note, has anyone noticed M.E Rake is representing Jonah or aka 1043 Ocean Blvd LLC in Maxie's WDS? Rake is an attorney FOR defendant Dina in the Zahau WDS. Conflict of interest? I assume there are multiple attorneys and partners in this firm and Jonah does have a different attorney listed for him personally in Maxie's suit. Still, Rake is for Dina in the Zahau suit and representing against her in Maxie's suit.

Maricopa Superior Court -

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

 

[*Lash*]

I thought an insider said that the Judge ruled Dina's WDS against Jonah was "dismissed with prejudiced"?

Hi Bourne

According the Maricopa Superior Court website the case is still active. The latest activity showing 4/16, order to withdrawal counsel and 4/17 a conference reset. In my opinion, it was likely a "motion" to dismiss w/prejudice. Nothing granted by the judge relating to the dismissal. The judge did grant the Protection Order in favor of Jonah.

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

 

[LuckyLucy2]

I generally only read on this thread but I've had a nagging question.

If Dina was so set against Maxie being around Rebecca, I wonder why Dina didn't just have Jonah pick him up and drop him off when Jonah wanted to see him.

It seems kind of odd that it was so hard to get in contact with Dina after the accident if she was so concerned about Maxie's care.

My ex-husband handled my kids in a way I didn't agree with and I was checking on them constantly while they were in his care.

Did you call your husband every minute? Every 30 seconds? If you were worried, why did you let your kids go with him at all? What if his new girlfriend had hurt YOUR child in one of the times HE had custody?

Would you think it was nice of other people to blame YOU for the injuries your ex-husbands girlfriend gave to your child?

Victim bashing is not cool.

 

[bourne]

Thank you KZ! The ROA is not showing any motions to withdrawal counsel Benchoff from the Zahau state suit. For now he is still with Dina on the Zahau state suit. Benchoff withdrew on 4/7 from the federal suit and withdrew from Maxie's WDS on 4/9.

A side note, has anyone noticed M.E Rake is representing Jonah or aka 1043 Ocean Blvd LLC in Maxie's WDS? Rake is an attorney FOR defendant Dina in the Zahau WDS. Conflict of interest? I assume there are multiple attorneys and partners in this firm and Jonah does have a different attorney listed for him personally in Maxie's suit. Still, Rake is for Dina in the Zahau suit and representing against her in Maxie's suit.

Maricopa Superior Court -

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

Yes, an insider did mention that the atty representing Dina in Zahau's WDS had withdrawn from her counsel and is now working with lead counsel Rake on Jonah's case against Dina in her WDS...

I've been informed that Dina's legal counsel(s) have continuously changed. I see the constant changes of legal representation for Dina as being symbolic of Dina's convoluted absurd logic. I suppose people even lawyers drop like flies when they realize their client is a manipulative conniving liar who will obviously LOSE in court. :jailina

 

[LuckyLucy2]

Adam Shacknai Superior Court of SD filing 134 on 4.24.15

https://roa.sdcourt.ca.gov/roa/face...-CTL_ROA-134_04-24-15_Reply_1430076544699.pdf

Defendant Adam Shacknai's Reply in Support of His Motion for Judgment on the Pleadings

More of the same.

It occurs to me that the Zahau attorneys have the overwhelming burden to have three different sets of lawyers defending their respective clients and which the Zahau's Greer then must work triple time pressing their case.

Further, each defendant has the ability to utilize the co-defendants' responses and points of law which they seem to be doing.

Hardly seems fair. If the defendants had combined their cases with one attorney representing all three, this wouldn't be the case. God bless the Zahaus in their unwavering pursuit of justice for Rebecca and more power to them.

Hmmm, looks like the Federal Case was thrown out!

From this document:

After having first filed only in federal court, Plaintiffs’ counsel now wants to litigate the case in this Court. As Plaintiffs raise certain arguments here the federal court already has rejected, perhaps they are hoping for a different outcome.

 

[bourne]

Hi Bourne

According the Maricopa Superior Court website the case is still active. The latest activity showing 4/16, order to withdrawal counsel and 4/17 a conference reset. In my opinion, it was likely a "motion" to dismiss w/prejudice. Nothing granted by the judge relating to the dismissal. The judge did grant the Protection Order in favor of Jonah.

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

Thanks. If the Judge granted an Order of Protection against Dina in favor of Jonah then it is almost redundant to say the Judge will eventually dismiss Dina's WDS against Jonah...That seems a given.

 

[LuckyLucy2]

Yes, an insider did mention that the atty representing Dina in Zahau's WDS had withdrawn from her counsel and is now working with lead counsel Rake on Jonah's case against Dina in her WDS...

I've been informed that Dina's legal counsel(s) have continuously changed. I see the constant changes of legal representation for Dina as being symbolic of Dina's convoluted absurd logic. I suppose people even lawyers drop like flies when they realize their client is a manipulative conniving liar who will obviously LOSE in court. :jailina

Look how many attorneys have gotten wise of the Zahaus...Bremner AND Rudoy. If Anne Bremner drops a case, you KNOW she does not believe her clients and she KNOWS they have NO CASE.

Their current lawyers will see what it is like come Friday, when the case if thrown out and Mary Zahau has to sell her nice house to pay them.

 

[bourne]

Do either of you know if there has been a turnover of the PTB (powers to be) in any of the LE, AG in San Diego County?

I think this may be precipitating factor why there may be a reopening of Rebecca's case.

 

[bourne]

Bourne, you are such a tease!:secret:

Don't kill the messenger. If it's a tease, it's coming from the top...

 

[LuckyLucy2]

The Federal Case was DISMISSED!!!!!!!!!!!!!

:skip::skip:

More from Adam Shacknai's Attorney's document:

For this reason, whether the claims were timely turns on whether they should be equitably tolled. They should not. Equitable tolling is “not available to a plaintiff who engages in the procedural tactic of moving the case from one forum to another in the hopes of obtaining more favorable rulings.”

It is unclear why the Opposition continues to make this argument, particularly when it acknowledges the federal court’s holding. Opp. at 6 n.2. At a bare minimum, this casts doubt on the assertion that “nothing in the complaint suggests Plaintiffs are ‘toying with the court.’” Opp. at 4:2.

C. The FAC’s Other Claims Are Flawed As Well.
Separate and apart from the fact that the allegations in the FAC are made almost exclusively on information and belief (Motion at 10:2-12:20), the information about the claims set forth by the Opposition illustrates further that the claims cannot stand. For example, with respect to the wrongful death claim, the Opposition contends that: “The FAC clearly alleges the details of the formation and operation of the conspiracy to assault and batter Rebecca Zahau, which led to her death . . . .” Opp. at 7:6-7 (emphasis added). But as discussed above, faced with identical allegations, the federal court already has rejected this contention. Adkins Decl. Ex. I. It is unclear why the Opposition continues to argue that its wrongful death claim is premised on a conspiracy to assault and batter, particularly when it acknowledges this holding. Opp. at 6 n.2. To the extent the wrongful death claim in the FAC is premised on a purported conspiracy to assault and batter the Decedent, the Motion should be granted because—as the federal court already held—the FAC fails to state a claim for wrongful death premised on conspiracy to assault the Decedent.


Can't wait till Friday when the the charges are thrown out of State Court!

 

[LuckyLucy2]

Don't kill the messenger. If it's a tease, it's coming from the top...

From Mary Zahau? You can't believe anything that woman says.

 

[Waitaminute]

From Mary Zahau? You can't believe anything that woman says.

from your own words, victim bashing isn't cool.

 

[LuckyLucy2]

from your own words, victim bashing isn't cool.

Mary Zahau isn't a victim. She is the sister of a woman who fatally injured (or covered up what her "sister" did) to a little -year old boy, and then took her own life rather than face what she did.

The Shacknais and Romanos are the victims. Mary Zahau is victimizing them further.

 

[Waitaminute]

Did you call your husband every minute? Every 30 seconds? If you were worried, why did you let your kids go with him at all? What if his new girlfriend had hurt YOUR child in one of the times HE had custody?

Would you think it was nice of other people to blame YOU for the injuries your ex-husbands girlfriend gave to your child?

Victim bashing is not cool.

" I wonder why Dina didn't just have Jonah..."

"It seems kind of odd that it was so hard to get in contact with Dina..."

These questions from the poster hardly seem like bashing, however, your inflammatory response certainly does ring of poster harassment.

 

[LuckyLucy2]

Its only poster harassment if it is against the Zahaus, right?

I believe the questions I asked you were very legitamite, and really did want an answer.

 

[Waitaminute]

everyone loses financially. Even Dina might have to sell her house in Coronado... oh wait...

 

[bourne]

everyone loses financially. Even Dina might have to sell her house in Coronado... oh wait...

Seeing as how Dina's counsels have been dropping like flies from defending her in the two ongoing Zahau WDS in the federal and state courts, I think Dina's reserve of money is dwindling by the millisecond...tick tock. I believe strongly one of the other two smart POIs will be giving up the info on Dina soon.

Even blood cannot hold out when it comes to the incipient threat of being put in prison or worse.

 

[Waitaminute]

Its only poster harassment if it is against the Zahaus, right?

.

it is poster harassment because you invalidated the posters legitimate queries and accused him/her of victim bashing; which was not true. It, this time, had nothing to do with a zahau/shacknai/romano identity.

If you want a more opinionated answer, I would say, your questions are valid, but a better question is, if Dina as so concerned about the danger maxi might be in, why in the world did she have ear plugs in without someone else able to answer the door/phone for her if there was any emergency with max?