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

[IQuestion]

Such an imagination you have there, Screechie! :happydance:

I am simply going to state, that even after the involvement of "investigative professionals (?) from multiple agencies" the interjection of "IMAGINATION" AND SUPPOSITION is not exclusive to any poster on this forum. I am quoting from the SDSO press conference:
Dave Nemeth (I nicknamed him Det. Behemoth as it helps me to connect the players visually in my mind) "This is the BEST CONCLUSION we can come up with." "We DON'T KNOW WHAT ORDER THINGS WERE DONE." "She located a rope, POSSIBLY from the garage. The homeowner WASN'T SURE IF THERE WAS A ROPE in that location." "She removed her clothing OR was already unclothed, PERHAPS coming out of the shower."
He also stated, "the knots, the slip knots that were on the feet, the wrists and around the neck WERE ALL OF THE SAME TYPE"......but later states that she probably would not be able to duplicate the knots again. Hmmmm, all the knots were the same type, but then contradicts his statement by saying she probably could not duplicate them. Isn't that a bizarre contradiction and a wonderful imagination at work?....how in the world can a person consistently tie the same knot for feet, hands and neck.....and yet the detective does a complete turn-around a claims she probably would not be able to duplicate them?????
With all the evidence available to them, the detectives still used the words "best conclusion", "we don't know what order", "possibly from the garage", the homeowner "wasn't sure", "possible" she removed her clothing, "OR" was already unclothed, "perhaps" coming out of the shower....
I can't criticize or blame any family member for having questions about the death of their loved one and filing a WDS, especially after listening to the press conference that was supposed to answer all the questions! I assumed (and hoped) the WDS would stop when plaintiff's quickly provided evidence of their location at the time of Rebecca's death. Why would anyone purposely drag out a lawsuit if they could stop it in it's tracks?

 

[kittychi]

^ :goodpost:

BRAVO, IQuestion!

 

[kittychi]

I am vaguely remembering that JS and RZ had been planning a party that Tuesday night (unconfirmed). I fuzzily recall a couple showing up at the home for the party, and of course there was no party.

I have wondered if JS and RZ were giving that party to announce an impending engagement, especially since Xena was there. They wouldn't have had to worry about a 7-year-old being underfoot since the plan had been for Max to be with his mother that night.

Inparadise, do you recall any of this?

 

[kittychi]

When I see "Thread Information" at the bottom of the page and it says:

"There are currently 5 users browing this thread. (1 member and 4 guests)"

I know that I am the one who is the User. I always wonder, who are the guests? Attorneys? Defendants? Plaintiffs?

I realize I will never have the answer, I just always wonder.

:seeya::cheers:

 

[Gilgamesh]

When I see this at the bottom of the page:

"Thread Information" at the bottom of the page and it says "There are currently 5 users browing this thread. (1 member and 4 guests)"

I know that I am the one who is the User. I always wonder, who are the guests? Attorneys? Defendants? Plaintiffs?

I realize I will never have the answer, I just always wonder.

:seeya::cheers:

Some of them are people like myself who choose not to post but follow often. Then of course, I'm sure that defendants, LE. Attorneys, etc are following!

 

[Morag]

Those who have said that Rebecca knew something, and that perhaps Jonah was about to spring a sole custody suit on Dina...

got me thinking (again) about the two private investigators mentioned in this case, the one who took Ocean and the one who rode by on his bike and was able to identify Dina that night. Is it possible that one or both of the PI's had been hired by Jonah to observe Dina?

 

[Carioca]

Those who have said that Rebecca knew something, and that perhaps Jonah was about to spring a sole custody suit on Dina...

got me thinking (again) about the two private investigators mentioned in this case, the one who took Ocean and the one who rode by on his bike and was able to identify Dina that night. Is it possible that one or both of the PI's had been hired by Jonah to observe Dina?

Hi Morag - The fellow riding his bike together with his family who witnessed Dina in front of the mansion the night Rebecca was murdered is not and was not a PI. He was interviewed later by a PI..

 

[Carioca]

I am vaguely remembering that JS and RZ had been planning a party that Tuesday night (unconfirmed). I fuzzily recall a couple showing up at the home for the party, and of course there was no party.

I have wondered if JS and RZ were giving that party to announce an impending engagement, especially since Xena was there. They wouldn't have had to worry about a 7-year-old being underfoot since the plan had been for Max to be with his mother that night.

Inparadise, do you recall any of this?

Hi Kittychi - According to Rebecca's trainer at the gym, she and Jonah were indeed planning a party for the Tuesday night she was murdered. IIRC it was never mentioned in the press how she went about letting guests know the party was canceled due to Maxie's accident, and there weren't a lot of unidentified calls on her phone. Maybe she let one of her friends know and asked that person to relay the message to the other guests? Just a thought on my part. I also recall hearing about it being an engagement party, but I think that was hearsay and not corroborated... I don't recall someone showing up, though, as that would have been paramount to the investigation!

He [trainer Reed Holman] said he rarely had long conversations with Zahau, but did so last Saturday, when the woman excitedly discussed a party she was planning for Tuesday, which turned out to be the day before she died.

http://patch.com/california/coronado/trainer-recalls-spreckels-victims-noticeable-limp

 

[LuckyLucy2]

I am vaguely remembering that JS and RZ had been planning a party that Tuesday night (unconfirmed). I fuzzily recall a couple showing up at the home for the party, and of course there was no party.

I have wondered if JS and RZ were giving that party to announce an impending engagement, especially since Xena was there. They wouldn't have had to worry about a 7-year-old being underfoot since the plan had been for Max to be with his mother that night.

Inparadise, do you recall any of this?

There was NO party planned for Tuesday night. Perhaps that was something else Rebecca was "fantasizing" about. Funny that you " fuzzily recall" a couple showing up...something that never happened...

If there was a party planned, where are all the phone calls Monday afternoon and Tuesday morning CANCELING the party? We've ALL seen the phone records and know there was No flurry of calls to cancel a party.

Max's age you are also " fuzzily recalling.

He was six.

 

[kittychi]

There was NO party planned for Tuesday night. Perhaps that was something else Rebecca was "fantasizing" about. Funny that you " fuzzily recall" a couple showing up...something that never happened...

If there was a party planned, where are all the phone calls Monday afternoon and Tuesday morning CANCELING the party? We've ALL seen the phone records and know there was No flurry of calls to cancel a party.

Max's age you are also " fuzzily recalling.

He was six.

I doubt that calling party guests would have been on Rebecca's mind that day.

I did read hundreds of articles and posts right after the murder and I admit to only vaguely remembering reading this. That does not mean it never happened.

BBM: Now that you mention it, where was Jonah's phone call that supposedly triggered rebecca's "suicide?" We've all seen the phone records, as you say, but no call from Jonah.

Thank you for correcting me on Max's age.

 

[K_Z]

New entries on the San Diego ROA. Items #161, 162, 163, 164. (Out of order-- entries skip from 157 to 161.)

164 05/01/2015 Appointment of Official Reporter Pro Tempore filed by The Superior Court of San Diego.

163 05/01/2015 Minutes finalized for Multiple Events heard 05/01/2015 01:30:00 PM.

162 05/01/2015 Discovery Hearing set for 5/8/2015 at 1:30PM vacated.

161 05/01/2015 Civil Case Management Conference continued pursuant to Court's motion to 06/26/2015 at 09:30AM before Judge Katherine Bacal.

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml Case # 2013-75418

So, the minutes from the 5-01-15 meeting should be posted soon, and the discovery hearings for May 8 have been cancelled, with a case management conference scheduled for June 26. Sure sounds like the case continues to move forward.

Related to item #164: What is an "official reporter Pro Tempore?

The San Diego Superior Court does not provide court reporters for certain proceedings (see Policy Regarding Normal Availability and Unavailability of Official Court Reporters [SDSC Form ADM-317]). The following information is being provided to official reporters pro tempore concerning their appearance at court.
Forms, policies, and sample transcripts will be available on the court’s website at www.sdcourt.ca.gov.

1. Court Reporter Appointment Process

Pursuant to policy of the San Diego Superior Court (see Official Reporter Pro Tempore Policy [SDSC Forms #ADM-315]), when an official court reporter is not available, parties may, by stipulation*, arrange for the appointment of a privately retained certified shorthand reporter to serve as an official court reporter pro
tempore for a proceeding. Before the reporter can serve in this capacity, the judicial officer presiding in the department where the proceeding will occur must approve the reporter’s appointment by way of an order. It is the parties’ responsibility to pay the reporter’s fees for attendance at a proceeding.

http://www.sdcourt.ca.gov/pls/porta...ENERALINFORMATION/FORMS/ADMINFORMS/ADM318.PDF

Right now, there is nothing scheduled on the state ROA until June 26.

06/26/2015 09:30 AM C-69 Civil Case Management Conference - Complaint
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

 

[Morag]

Hi Morag - The fellow riding his bike together with his family who witnessed Dina in front of the mansion the night Rebecca was murdered is not and was not a PI. He was interviewed later by a PI..

Thanks, Carioca- I thought the PI thing was too interesting to be true! I have been traveling constantly for the last eight months, and I am getting pretty loopy. Say, did anyone ever tell you you look just like Agatha Christie? ; )

 

[K_Z]

Hi Kittychi - According to Rebecca's trainer at the gym, she and Jonah were indeed planning a party for the Tuesday night she was murdered. IIRC it was never mentioned in the press how she went about letting guests know the party was canceled due to Maxie's accident, and there weren't a lot of unidentified calls on her phone. Maybe she let one of her friends know and asked that person to relay the message to the other guests? Just a thought on my part. I also recall hearing about it being an engagement party, but I think that was hearsay and not corroborated... I don't recall someone showing up, though, as that would have been paramount to the investigation!

Nice to hear about the potential engagement party-- and maybe it wasn't a huge gathering, but just close friends. I read long ago about Rebecca's concerns about how Jonah's older teens were treating her so rudely, and Jonah not correcting them-- and that was nearly a deal breaker for her. At some point she was discussing taking a break from their relationship over that. Perhaps they came to some resolution, and were ready to move forward. Howard Luber wasn't shy about saying Jonah was going to ask her to marry him.

I don't think there was any indication in the short time after Max's accident that Jonah was going to abruptly "dump" her, as one poster has opined. To the contrary, he was including her in things like dinner with Howard Luber, allowing her to ferry relatives and ex-relatives to and from the airport, etc. She was a true partner and helper to him in that last day of her life-- devoted to helping him in that terrible time of crisis. She wasn't a perfect person, none of us are-- but I have to really respect a woman who would go out of her way to HELP relatives of a partner's ex-wife in a crisis-- a bitter ex wife who openly hated her so much. She didn't have to do any of that, but she did. Shows what kind of person she was, to be kind to those who already hated her out of jealousy. She put their needs above her own, IMO. I can see why Jonah felt his relationship with her was more peaceful than the chaos and violence of his last marriage. JMO.

 

[LuckyLucy2]

Perhaps, until Max was fatally injured on her watch.

 

[*Lash*]

SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN DIEGO CENTRAL

DATE: 05/01/2015
TIME: 01:30:00 PM
DEPT: C-69
MINUTE ORDER - ROA document 163

https://roa.sdcourt.ca.gov/roa/face...A-163_05-01-15_Minute_Order_1430827515163.pdf

ETA - I made a post in the lawyer thread for AZlawyer's opinion on the minute order.

 

[K_Z]

Well, it's my strong opinion that DS and JS knew Max was fatally injured the day of his accidental fall. So there's no evidence Jonah was going to "dump" Rebecca. It was a tragic accident. No reason to "dump" his partner Rebecca over a freak accident that she obviously had nothing to do with.

But if they were planning to be married, and Jonah was also planning to petition the court for sole custody of Max, then a lot of things about Rebecca's death at the hands of the defendants makes sense to me.

I also have a strong suspicion DS was holding something over Jonah's head, threatening him, and that Rebecca knew this. Which adds to what she had to be silenced to keep from revealing. JMO.

 

[*Lash*]

ROA Doc #163 (BBM)
2013-00075418

https://roa.sdcourt.ca.gov/roa/face...A-163_05-01-15_Minute_Order_1430827515163.pdf

DEMURRERS AND MOTION TO STRIKE:

All parties submit on the Court's tentative ruling.

The Court confirms as modified the tentative ruling as follows:

The motion for judgment on the pleadings, filed by defendant Adam Shacknai, is granted without leave to amend the assault claim and with leave to amend the remaining claims.

Defendant Nina Romano's demurrer to the first amended complaint ("FAC") is sustained with leave to amend. Her motion to strike is moot.

Plaintiffs have 20 days to file a third amended complaint.

Sufficiency of the Allegations

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. The SAC fails to adequately set forth the basis for plaintiffs' belief that defendants conspired to cause Rebecca's death. Among other things, plaintiffs allege an eyewitness placed Dina at the residence near the time of the incident, but they do not explain why they believe Nina was there too.

In their amendment the attorneys for the Zahau's will need to add Nina Romano's interview to show she admitted to being on the property that night. Although...it is now evident ALL parties have Rebecca's investigative file per Dina's special interrogatories. Shouldn't Nina's interview with the DOJ agents be suffice? Nina did tell the agents she walked to the mansion in her new yoga pants, right?

 

[screecher]

yaaaay:happydance: was missing you, bourne !

 

[bourne]

yaaaay:happydance: was missing you, bourne !

Thanks screecher! Glad to be back. Missed you & all the insightful posters too!

 

[LuckyLucy2]

The motion for judgment on the pleadings, filed by defendant Adam Shacknai, is granted without leave to amend the assault claim and with leave to amend the remaining claims.

Defendant Nina Romano's demurrer to the first amended complaint ("FAC") is sustained with leave to amend. Her motion to strike is moot.

Plaintiffs have 20 days to file a third amended complaint.


https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml


Things sure aren't looking good for the Zahau's and their SHAM case.