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

[*Lash*]

The Federal Zahau WDS has not been dismissed. As of today according to Pacer the Federal suit is still open with no disposition. The last activity was document 66 granting the motion to withdrawal Daniel Benchoff as Dina's counsel.

Adam's document is a reply in the state suit regarding the Zahau's memorandum to Adam's motion to dismiss. Motion to Dismiss has not been granted. It is simply an argument by his attorneys. All the attorneys are going back and forth right now preparing for Friday.

 

[LuckyLucy2]

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?

And I would ask why in the world wasn't Rebecca Zahau watching Max - like she was suppose to?

People with children sleep with ear plugs all the time. That seems a moot point.

 

[Waitaminute]

And I would ask why in the world wasn't Rebecca Zahau watching Max - like she was suppose to?

People with children sleep with ear plugs all the time. That seems a moot point.

Not a moot point. you MISSED the point, or ignored it. It is not whether people sleep with earplugs in or not, it is whether they wear earplugs without someone else there to answer the phone or door--if they even have a hint, a remote idea or even and uneasy feeling about the safety of their child and therefore choose to be available or at least reachable at any given time.

Now on the point of watching Maxie, if everyone had truly left him alone to go shower, yes, I agree, terrible idea. If there were only the 3 in the house, then one should go at a time, and a young child left alone for no more than a few minutes. If there even could be an accident, it is better safe and close by than sorry, if there is even a hint of a worry, then better safe and able to hear the phone than sorry and not being able to attend Max when he first was injured.

 

[LuckyLucy2]

The Federal Zahau WDS has not been dismissed. As of today according to Pacer the Federal suit is still open with no disposition. The last activity was document 66 granting the motion to withdrawal Daniel Benchoff as Dina's counsel.

Adam's document is a reply in the state suit regarding the Zahau's memorandum to Adam's motion to dismiss. Motion to Dismiss has not been granted. It is simply an argument by his attorneys. All the attorneys are going back and forth right now preparing for Friday.

I must disagee.

​It is CLEAR from the documents Adam's attorneys filed that the FEDERAL CASE WAS DISMISSED.

Their document is dated Friday, April 24. It simply has not been updated in Pacer yet.

Wait for it.

It is DISMISSED.

 

[kittychi]

And I would ask why in the world wasn't Rebecca Zahau watching Max - like she was suppose to?

People with children sleep with ear plugs all the time. That seems a moot point.

I can only say that, were that my child and I had ongoing concerns and anxiety, I would have been wide awake and THERE to pick him up the MOMENT I was supposed to.

 

[Inparadise]

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

Dina has never owned property in Coronado............it all belongs to Jonah.

 

[bourne]

HELLO EVERYONE. This thread is about the WRONGFUL DEATH SUIT of REBECCA ZAHAU. It is not about Max's accident. Don't get suckered and sidetracked by Zahau BAITERS/HATERS. They just want to divert the case from its topic and intent and get this thread shut down.

Also, just because someone files a request or a motion in court to get a case dismissed, does NOT mean the Judge granted the request. If that were so, why are there COURT CONFERENCES still scheduled for May, June, July, August onto December 2015? In addition, the news and the media and Dina would be all over any dismissals of the cases announcing it on air.

Remember the same poster now FABRICATING about the WDS dismissal without any proof from the courts is the SAME ONE who FABRICATED and LIED that Mrs. Luber was/is Dina's "good friend" and that Mrs. Luber testified that Dina was sitting vigil at the hospital during the critical period when Rebecca was heinously murdered. We know this poster's words were LIES because it has been PROVEN by court documents in this very thread that Mrs. Luber's testimony states CLEARLY that Mrs. Luber was NOT EVEN IN CALIFORNIA during that time period AND the judge in that case has already DISMISSED Dina's case against Mrs. Luber (her so-called "good friend" who did NOT vouch for Dina and had to be SUED by Dina to even testify, apparently NOT even on Dina's behalf when it all came down to it). Au contraire, it is Mrs. Luber's testimony which wholly and totally ELIMINATES any semblance of an alibi for Dina. Hence, Dina's alleged eyewitness testimonies of Dina even being at the hospital Tues night into Wed morning when Rebecca was found viciously tortured and murdered has been totally shattered by Mrs. Luber's testimony. And also by the physical absence of surveillance videotapes of Dina being at hospital.

 

[bourne]

The Federal Zahau WDS has not been dismissed. As of today according to Pacer the Federal suit is still open with no disposition. The last activity was document 66 granting the motion to withdrawal Daniel Benchoff as Dina's counsel.

Adam's document is a reply in the state suit regarding the Zahau's memorandum to Adam's motion to dismiss. Motion to Dismiss has not been granted. It is simply an argument by his attorneys. All the attorneys are going back and forth right now preparing for Friday.

Thanks Lash! I think we are all aware that the WDS suits have NOT been dismissed. Someone must be seriously FRIGHTENED about going to jail in order to make up lies about two WDS cases getting dismissed and without any proof except Adam's motion. Really! LOL

 

[Waitaminute]

HELLO EVERYONE. This thread is about the WRONGFUL DEATH SUIT of REBECCA ZAHAU. It is not about Max's accident. Don't get suckered and sidetracked by Zahau BAITERS/HATERS. They just want to divert the case from its topic and intent and get this thread shut down.

Also, just because someone files a request or a motion in court to get a case dismissed, does NOT mean the Judge granted the request. If that were so, why are there COURT CONFERENCES still scheduled for May, June, July, August onto December 2015? In addition, the news and the media and Dina would be all over any dismissals of the cases announcing it on air.

Remember the same poster now FABRICATING about the WDS dismissal without any proof from the courts is the SAME ONE who FABRICATED and LIED that Mrs. Luber was/is Dina's "good friend" and that Mrs. Luber testified that Dina was sitting vigil at the hospital during the critical period when Rebecca was heinously murdered. We know this poster's words were LIES because it has been PROVEN by court documents in this very thread that Mrs. Luber's testimony states CLEARLY that Mrs. Luber was NOT EVEN IN CALIFORNIA during that time period AND the judge in that case has already DISMISSED Dina's case against Mrs. Luber (her so-called "good friend" who did NOT vouch for Dina and had to be SUED by Dina to even testify, apparently NOT even on Dina's behalf when it all came down to it). Au contraire, it is Mrs. Luber's testimony which wholly and totally ELIMINATES any semblance of an alibi for Dina. Hence, Dina's alleged eyewitness testimonies of Dina even being at the hospital Tues night into Wed morning when Rebecca was found viciously tortured and murdered has been totally shattered by Mrs. Luber's testimony. And also by the physical absence of surveillance videotapes of Dina being at hospital.

amen and thank you

 

[K_Z]

New entries today on San Diego Register of Actions for the State case. Numerous rescheduling of discovery hearings, etc. Items 137 thru 149.

149 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal.

148 04/27/2015 The Discovery Hearing was rescheduled to 05/08/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

147 04/27/2015 Motion to Dismiss scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

146 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

145 04/27/2015 Discovery Hearing date was restored to 05/01/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

144 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

143 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

142 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

141 04/27/2015 Discovery Hearing scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

140 04/27/2015 Discovery Hearing scheduled for 07/17/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

139 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

138 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

137 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml Case #13-75418

 

[*Lash*]

FYI - AZlawyer responded to a question I asked in the lawyer thread.

http://www.websleuths.com/forums/sh...-for-VERIFIED-LAWYERS&p=11727725#post11727725

Hi AZlawyer,

The Zahau attorneys recently responded to Nina Romano's demurrer. The Zahau's argue...

THE CLAIMS FOR WRONGFUL DEATH, ASSAULT AND BATTERY AND NEGLIGENCE ARE NOT TIME BARRED.

The Zahau's argue equitable tolling stops the SOL from expiring when a plaintiff has remedies in addition to state court. If I understand correctly, because IANAL, the Zahau's filed in state court the day after the federal complaint was dismissed w/o prejudice for lack of jurisdiction diversity and the SOL may have been salvaged under "Equitable Tolling". Can you give your opinion or thoughts on this arguement? TIA

Memorandum of Points and Authorties in Opposition of Nina Romano-

https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805280936.pdf

Memorandum of Points and Authorities in Opposition of Adam Shacknai-

https://roa.sdcourt.ca.gov/roa/face...d_Authorities_in_Opposition_1429805276624.pdf

I think it's a close call, but as I mentioned when the Zs first filed the state court case, I think this equitable tolling argument is likely to save the claim. The big question for me is whether it was "reasonable" for them to file the survivor claim (Rebecca's claim) in federal court in the first place. Personally, I think it was not reasonable, but judges generally like to save claims if they can (and save the lawyers who filed the claim in the wrong court from a malpractice action).

 

[*Lash*]

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

For now Daniel Benchoff and M.E Rake are still representing Dina in the Zahau state suit. Benchoff is an associate attorney at the Rake firm. Yet, M.E. Rake is listed as representing defendant 1043 Ocean Blvd LLC aka Jonah in Maxie's WDS filed by plaintiff Dina Shacknai. This is confusing with all the different suits and attorneys. I simply don't undertand how a firm can represent a defendant in one suit at the exact same time they have been hired to represent against said defendant in another suit. Doesn't it seem just a little strange? Wouldn't you have a problem with this if it was your attorney?

ETA - Benchoff was once the lead attorney representing plaintiff Dina in Maxie's WDS. See screenshot from earlier this year. I did notice Rake was not listed as defending 1043 Ocean Blvd at the time this screenshot was taken. Robert Bruno is listed. M.E. Rake is now listed as representing 1043 Ocean Blvd and no attorney is listed for Dina.

 

[LuckyLucy2]

HELLO EVERYONE. This thread is about the WRONGFUL DEATH SUIT of REBECCA ZAHAU. It is not about Max's accident. Don't get suckered and sidetracked by Zahau BAITERS/HATERS. They just want to divert the case from its topic and intent and get this thread shut down.

Also, just because someone files a request or a motion in court to get a case dismissed, does NOT mean the Judge granted the request. If that were so, why are there COURT CONFERENCES still scheduled for May, June, July, August onto December 2015? In addition, the news and the media and Dina would be all over any dismissals of the cases announcing it on air.

Remember the same poster now FABRICATING about the WDS dismissal without any proof from the courts is the SAME ONE who FABRICATED and LIED that Mrs. Luber was/is Dina's "good friend" and that Mrs. Luber testified that Dina was sitting vigil at the hospital during the critical period when Rebecca was heinously murdered. We know this poster's words were LIES because it has been PROVEN by court documents in this very thread that Mrs. Luber's testimony states CLEARLY that Mrs. Luber was NOT EVEN IN CALIFORNIA during that time period AND the judge in that case has already DISMISSED Dina's case against Mrs. Luber (her so-called "good friend" who did NOT vouch for Dina and had to be SUED by Dina to even testify, apparently NOT even on Dina's behalf when it all came down to it). Au contraire, it is Mrs. Luber's testimony which wholly and totally ELIMINATES any semblance of an alibi for Dina. Hence, Dina's alleged eyewitness testimonies of Dina even being at the hospital Tues night into Wed morning when Rebecca was found viciously tortured and murdered has been totally shattered by Mrs. Luber's testimony. And also by the physical absence of surveillance videotapes of Dina being at hospital.

Bourne, you seem to love to twist the facts! First of all, Lisa Luber NEVER testified and was never SUED - she simply filed asking to not have to testify. Is that something you just made up because it makes you sound credible to lie? Her petition was asking NOT to testifiy. Try to get it straight.

I simply "guessed" Lisa Luber was asked to testify because she was at the hospital with Dina, as they ARE good friends. I never said that was a fact she was at the hospital. I said "maybe". It was a guess and was submitted as such. And now all we know is that she was not there during the hours Rebecca was committing suicide, NOT that she wasn't there at all.

I was wrong. Big deal, I can admit that. Unlike you who can't admit you are wrong about the biggest elephant in the room, and ALWAYS twist the facts to meet your agenda.

The biggest fact you are wrong about is your undying idolation of a woman that hurt a little boy and then committed a bizarre, nude, suicide rather than answer the questions of his parents, doctors, and law officials. At least I have that one right!

 

[LuckyLucy2]

Thanks Lash! I think we are all aware that the WDS suits have NOT been dismissed. Someone must be seriously FRIGHTENED about going to jail in order to make up lies about two WDS cases getting dismissed and without any proof except Adam's motion. Really! LOL

Please get your facts straight, Bourne. I said the Federal Case was dismissed and that the State case would likely be dismissed on Friday. All one has to do is read Adam's lawyer's motion to see the Federal Court REJECTED case:

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.

Please quit making up things that I say.

 

[screecher]

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

:lol:

New entries today on San Diego Register of Actions for the State case. Numerous rescheduling of discovery hearings, etc. Items 137 thru 149.



https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml Case #13-75418

Hmmm....very interesting. I wonder if all 5 that were vacated are the same 5 that were rescheduled? If so, wonder why. If not, wonder if they are 'new'?

Thanks K_Z !!!!!

 

[LuckyLucy2]

05/01/2015 01:30 PM C-69 Demurrer / Motion to Strike - Demurrer
05/01/2015 01:30 PM C-69 Demurrer / Motion to Strike - Motion to Strike
05/01/2015 01:30 PM C-69 Civil Case Management Conference - Complaint
05/01/2015 01:30 PM C-69 Demurrer / Motion to Strike - Demurrer

 

[*Lash*]

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[bourne]

For now Daniel Benchoff and M.E Rake are still representing Dina in the Zahau state suit. Benchoff is an associate attorney at the Rake firm. Yet, M.E. Rake is listed as representing defendant 1043 Ocean Blvd LLC aka Jonah in Maxie's WDS filed by plaintiff Dina Shacknai. This is confusing with all the different suits and attorneys. I simply don't undertand how a firm can represent a defendant in one suit at the exact same time they have been hired to represent against said defendant in another suit. Doesn't it seem just a little strange? Wouldn't you have a problem with this if it was your attorney?

ETA - Benchoff was once the lead attorney representing plaintiff Dina in Maxie's WDS. See screenshot from earlier this year. I did notice Rake was not listed as defending 1043 Ocean Blvd at the time this screenshot was taken. Robert Bruno is listed. M.E. Rake is now listed as representing 1043 Ocean Blvd and no attorney is listed for Dina.

Agreed. I think there is an appearance on conflict of interest and impropriety, but IANAL. Perhaps this can be asked of AZlawyer in the legal thread?

 

[bourne]

FYI - AZlawyer responded to a question I asked in the lawyer thread.

http://www.websleuths.com/forums/sh...-for-VERIFIED-LAWYERS&p=11727725#post11727725

AZlawyer's response is right on target about the Judge in the federal suit allowing the tolling of the Zahau's WDS. I think it's logical and reasonable that the Judge has permitted the case to go forward as we're in the depositions phase already. YAY! Justice for Rebecca.

 

[bourne]

New entries today on San Diego Register of Actions for the State case. Numerous rescheduling of discovery hearings, etc. Items 137 thru 149.

149 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal.

148 04/27/2015 The Discovery Hearing was rescheduled to 05/08/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

147 04/27/2015 Motion to Dismiss scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

146 04/27/2015 Discovery Hearing scheduled for 05/08/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

145 04/27/2015 Discovery Hearing date was restored to 05/01/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

144 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

143 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

142 04/27/2015 Discovery Hearing date was restored to 11/06/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.

141 04/27/2015 Discovery Hearing scheduled for 05/01/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

140 04/27/2015 Discovery Hearing scheduled for 07/17/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

139 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

138 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

137 04/27/2015 Discovery Hearing scheduled for 11/06/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.


https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml Case #13-75418

This definitely bears repeating. So NUMEROUS DISCOVERY HEARINGS have been scheduled from 5/1 all the way to 11/6/2015 -- clearly NO SIGN the WDS was dismissed, unlike what some lying poster has been stating. Thanks again for these citations made 4/27/2015.