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

[screecher]

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.

BBM.

Thanks *Lash* Yes it is confusing. One would think attorneys who work for the same firm are obliged to not, for lack of a better term, work for the 'other side'. I think its called 'conflict of interest'.

Maybe Dina has run out of funds for lawyers?

 

[K_Z]

A quick check of the federal case on PACER shows that the case is still open and active, with no status changes pending, as of today. The latest entries are 4-07-15 and 4-08-15, which were the request to remove Attorney Benchoff, and the order granting the removal of Attorney Benchoff.

Pending Statuses
There Are No Pending Status Records For This Case.

No statuses have been terminated for this case.

3:13-cv-01624-W-NLS Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding
Nita L. Stormes, referral
Date filed: 07/12/2013
Date of last filing: 04/08/2015

3:13-cv-01624-W-NLS Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding
Nita L. Stormes, referral
Date filed: 07/12/2013
Date of last filing: 04/08/2015

Case Summary

Office: San Diego Filed: 07/12/2013
Jury Demand: Plaintiff
Demand: $9999000
Nature of Suit: 360
Cause: 28:1332 Diversity-Personal Injury
Jurisdiction: Diversity
Disposition:
County: San Diego
Terminated:
Origin: A Reopened: 07/08/2014

Lead Case: None
Related Case: None
Other Court Case: None
Defendant Custody Status:
Flags: ENE,REOPEN

 

[K_Z]

This is a list of all the future events already scheduled in the State case:

Future Events

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
05/08/2015 01:30 PM C-69 Discovery Hearing - Motion to Compel Discovery
09/04/2015 01:30 PM C-69 Motion Hearing (Civil)
10/09/2015 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing

 

[LuckyLucy2]

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.

The State Case will more than likely be DISMISSED on Friday. They will follow the Federal Courts lead, who held that the FAC fails to state a claim for wrongful death.

Depositions are always scheduled in advance of other rulings and can just as easily be unscheduled when the case is dismissed this Friday.

Sounds to me like you are getting a bit worried about that, huh?

 

[LuckyLucy2]

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.

You are the lying poster. I have NEVER said the State Case was dismissed. That will happen this Friday, at 1:30 p.m.

 

[LuckyLucy2]

A quick check of the federal case on PACER shows that the case is still open and active, with no status changes pending, as of today. The latest entries are 4-07-15 and 4-08-15, which were the request to remove Attorney Benchoff, and the order granting the removal of Attorney Benchoff.

The dismissal paper filed by Adam's lawyer was dated April 24. Looks like the Federal Court made a ruling somtime in between April 9 and April 24 for the attorney to write this in their dismissal request:

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.

 

[screecher]

I know civil trials in CA are open to the public, does anyone know if all these hearings are open too?

 

[Inparadise]

This is a list of all the future events already scheduled in the State case:

Thanks K_Z. As I recall, LucyLucy2 is not a legal expert/attorney/judge, and just because a Demurrer has been filed does not mean that it is going to be dismissed.

 

[LuckyLucy2]

Thanks K_Z. As I recall, LucyLucy2 is not a legal expert/attorney/judge, and just because a Demurrer has been filed does not mean that it is going to be dismissed.

As far as I know, no one here is a legal expert/attorney/judge, yet we are ALL allowed to voice our opinions as part of the Websleuths (WS) Etiquette & Information that Lash kindly posted on the previous page.

Yes, it is my opinion that this totally fabricated and made-up accusation of murder against three innocent people in a case that has been proven over and over to be a suicide, SHOULD be dismissed on Friday. I hope that it will be and the innocent Shacknais and Romanos can FINALLY have some peace and mourn little Maxie.

I also pray that the Zahaus will FINALLY get suicide grief counseling and make a PUBLIC APOLOGY to Dina and Nina Romano, and Adam Shacknai.

You never know what a Judge will do, but I pray she follows the lead of the Federal Court and DISMISSES the case.

 

[Frigga]

The State Case will more than likely be DISMISSED on Friday. They will follow the Federal Courts lead, who held that the FAC fails to state a claim for wrongful death.

Depositions are always scheduled in advance of other rulings and can just as easily be unscheduled when the case is dismissed this Friday.

Sounds to me like you are getting a bit worried about that, huh?

I don't think anyone here, especially Bourne- is worried- at all. I think most of us are certain the case will go forward. We will see on Friday... I guess... according to you- hmmm?

 

[LuckyLucy2]

It's not according to me, Frigga. It's according to the official court dockett.

https://roa.sdcourt.ca.gov/roa/

 

[Frigga]

It's not according to me, Frigga. It's according to the official court dockett.

https://roa.sdcourt.ca.gov/roa/

Thank you. We will see soon then.

 

[bourne]

Thanks K_Z. As I recall, LucyLucy2 is not a legal expert/attorney/judge, and just because a Demurrer has been filed does not mean that it is going to be dismissed.

You're absolutely correct, verified insider IP! Anyone can request/file anything they want in court, but the Judge is the decision maker and s/he hasn't said a thing about either the federal/state courts yet. I strenuously believe the Judge(s) will allow the Zahau's suits to go forward into trial, particularly with all the Judges in three different courts (the two Zahau WDS and also Dina's WDS against Jonah) repeatedly rejecting motions by Dina, and the continual court-allowed progression of depositions.

Also, didn't both Dina and Nina already request demurrers previously and the Judge(s) rejected them?

Methinks Dina's running scared and desperate as heck and using all her machinations and manipulations and plain lies to try to win any public support she can. Clearly Mrs. Luber (Dina's so-called "good friend") does not even stand by her side. I believe Dina's friends are coming around to seeing the type of LIAR and REMORSELESS UNETHICAL FRAUD that she is, particularly because Dina had been going around since Rebecca's murder stating that she Dina had "numerous eyewitnesses" at the hospital who saw Dina at the hospital during timeframe Rebecca was murdered. We all know now that Dina LIED because she has NOT ONE SINGLE EYEWITNESS to vouch for her. NOT ONE SINGLE ONE. Hence, Dina has NO ALIBI for Rebecca's murder.

Plus, Dina's gone so far as to use her dead son Max to hide behind, and also get financial support through the wine parties and a haircut event from Max's House, Laughable if it wasn't so pathetically sad.

 

[bourne]

I don't think anyone here, especially Bourne- is worried- at all. I think most of us are certain the case will go forward. We will see on Friday... I guess... according to you- hmmm?

Thanks Frigga! You're right on the mark on this one! I am NOT.WORRIED.AT.ALL and believe the exact opposite of the other poster. In fact, I stake my life on it.

Be prepared to face jury trial, Dina and Nina. Looking forward to justice and truth for Rebecca.

 

[screecher]

If the insider is correct (I so hope he/she is right), about LE reopening Rebecca's case, with all the :liar: Dina has told, she's gonna end up behind :behindbar and in the :crazy: unit.

Justice for Rebecca.

 

[LuckyLucy2]

Even if it does keep going past Friday, the next date to have it thrown out will be:

10/09/2015 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)

Once the Judge sees the Zahau's claims are made of nothing but fraud, lies, internet rumors, and greed..well, it certainly will never see a jury and Mary Zahau will look like the pathetic low-life she is.

 

[*Lash*]

According to Websleuths Etiquette and Information we're all allowed to post our opinions as long as we follow the rules. Attacking, insulting and badgering other posters is NOT allowed. Frankly it should be common sense. Name calling case players or anyone for that matter is NOT allowed. That would include Dina and Mary. It doesn't matter what your personal opinion may be in this case, name calling is NOT allowed. WS is going through a lot of changes. New mods, ownership changes, etc...the mod's don't need the headache of deleting posts that break the written rules. Imo, this thread is in jeopardy of being closed if the posts breaking the rules do not stop.

This thread is about the Zahau WDS. It is about Rebecca, not Dina. JMVHO!

 

[bourne]

Lash, I agree. This thread is about the ZAHAU'S Wrongful Death Suit against her murderers, namely the accused are: Dina, Nina and Adam.

This thread is NOT about Dina per se, but we must discuss her insofar as she is the #1 PRIME SUSPECT in murdering Rebecca, and Dina's PATTERNS of BEHAVIORS (both past and present and ongoing) continue to point strongly at her as being the murderer. The three defendants in the Zahaus' WDS have been justifiably accused from what my understanding of the case in that all three -- Dina, Nina and Adam -- have all three elements crucial to convicting them of the crime: a) OPPORTUNITY, b) MEANS, and c) MOTIVE (although motive by no means needs to be present to convict an accused of murder).

I will reiterate that Dina has NO ALIBI, and SHE above all the other POIs, *LIED* to the authorities, to the public and to her friends that she did. Dina claimed to have "numerous eyewitnesses" who saw her sitting vigil at her one and only son Max's death bed in the hospital. Yet we recently discovered that she has ZERO eyewitnesses. ZERO. Not one or two, but ZERO. NONE. NADA. ZILCH. Not even half an eyewitness...Plus the fact that NO hospital surveillance videos captured Dina at all during the critical timeframe when Rebecca was murdered...

I believe there is NO REASON for Dina to have lied about such critical info unless she indeed was TORTURING & MURDERING Rebecca at the Spreckels mansion. Otherwise, WHY did Dina LIE while crying to the public and the authorities AND her friends that she was a grief-strickened mother holding the hand of her one and only son and "sitting vigil" at his bedside at the hospital??? Sorry, any way this plays out, Dina LIED and shamelessly did so and it is most evident that she did so to cover for murdering Rebecca and she did so while using her son as a pretext to garner support and sympathy, AND gain financial funds for herself by naming herself the "CEO" of a so-called nonprofit Maxie's House...That IS DESPICABLE, REVOLTING, DESPERATE, and PATHETIC.

We all have a right and I believe a duty to discuss the case in a *factual*, *evidence-based* manner, to point out Rebecca's alleged KILLERS (e.g., Dina, Nina and Adam) with reason and with the facts we have at hand (and also from what is coming out from the court cases as well as how Dina has presented herself in the media thus far), and to do so in a respectful, civil, diplomatic manner.

I have no idea why some poster continues to bash Mary Zahau when Mary is doing precisely what any one of us would want and hope our family members would do for us -- which is seek justice for us should we be so unfortunate as to be a hapless, innocent victim of an unjust, vicious, vile torture and murder.

 

[LuckyLucy2]

Since Rebecca Zahau's death has been solved since Sept. 2011 and ruled a suicide with NO evidence of foul play, it should be against the rule to call the innocent victims of Rebecca Zahau actions murderers and killers.

Rebecca Zahau had plenty of motive, means, and opportunity for suicide. And the case Has been reviewed TWICE by the California Attorney General's office. Rebecca Zahau killed herself- even if Mary Zahau and some posters can't accept it.

Dina, Nina, and Adam are not Defendents in a criminal trial, but in a civil trial that is for the purpose of making money for Rebecca' s sister - it is not about Justice.

 

[K_Z]

Wow! Some lively new motions on the State Register of Actions today! Item 150 is 145 pages, and item 151 is 266 pages! Now that will make for some very interesting reading for all of us, eh?

I'm mobile at the moment, so can't share the documents yet. But they're not going anywhere, so maybe later.

It occurs to me that if a defendant was very sure the case was going to be dismissed (as in, this Friday), it's unlikely they would be willing to pay many billable hours to their attorneys for over 400 pages of motions, right?

I also notice that there is no document 152 as of yet. I suppose it's coming.

153 04/20/2015 Opposition to Noticed Motion and Supporting Declarations (Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings) filed by Zahau-Loehner, Mary; Zahau, Pari Z; Estate of Rebecca Zahau; Estate of Robert Zahau. Zahau-Loehner, Mary (Plaintiff); Zahau, Pari Z (Plaintiff); Estate of Rebecca Zahau (Plaintiff); Estate of Robert Zahau (Plaintiff)

151 04/24/2015 Statement - Other (Separate Statement in Support of Motion to Compel) filed by Shacknai, Dina. Shacknai, Dina (Defendant) Notice of Motion and Supporting Declarations
Add to Cart

150 04/24/2015 Motion to Compel Discovery filed by Shacknai, Dina. Shacknai, Dina (Defendant) Motion to Compel Discovery