First we have to put this Judge in context. According to
http://www.therobingroom.com/california/Judge.aspx?id=15298 which is a valid source of reviews about judges, the judge has a prejudicial favorable bent towards defendants, apparently because she worked as a defense lawyer for a very long long time...It's likely impossible for her to get out of that mindset wherein defendants are favored, and she'd be meticulously picking apart plaintiff's arguments, likely arguing in favor of the defendants in her own head as a residual intellectual exercise. Is it possible to get the state judge recused because of her prejudices? Also if the state case is dismissed, can the Federal case with the fair and honorable Judge Wheeler go forward? <I'll ask AZlawyer in other thread>
Having said that, here's my take on the Judge's recent ruling:
Judge Katherine Bacal has allowed the Zahaus WDS to proceed and marked the tolling issue moot. She stated "As the wrongful death, assault & battery and negligence claims were equitably tolled they are not barred. "
Re: "Sufficiency of allegations" - I believe the Zahaus/Greer can make the requisite amendments to the complaint as the judge seems to be seeking specific details of "proximate causes" of events.
Greer needs to do is
FOCUS in on the 3 components for assault/murder: a) MOTIVE; b) OPPORTUNITY; c) MEANS, but he needs to put in these items as close in time to the actual events of assault, battery, negligence and murder.
E.g., why did Dina strike Rebecca on the head?
Well,
Dina was ENRAGED and struck Rebecca out of instinctual fit of rage and aggression because:
a) of "Mother Rage" -- her one and only biological son whom she conceived with a wealthy multibillionaire father Jonah is now braindead and fatally injured <motive>;
b) she felt Rebecca stole Jonah her ex-husband from her <motive>;
c) she was angry about Jonah's betrayal and how he chose Rebecca over her because Jonah appeared to side with Rebecca. Jonah told Dina "Rebecca tried to save Max by giving him CPR" which Dina and Nina vehemently refute to this day...
d) When interrogated aggressively by Dina, Rebecca likely repeated that she felt she did all she could by giving Max CPR...and Dina's already present jealousy and rage towards Rebecca intensified<motive>
e) Dina has a history of violent physical tendencies (Greer needs to show the established police reports of domestic violence between Dina and Jonah);
f) Dina was likely intoxicated and she's known for being a violent drunk;
g) Dina just wanted to show her power and dominance over Rebecca so she decided to slap her while having Rebecca tied to a chair...Perhaps Rebecca pushed Dina and tried to get away from insane, angry, raging, drunk, confrontational Dina so Dina then struck Rebecca in order to restrain Rebecca from running.
Greer also needs to inform Judge about the
extenuating, exigent circumstances such as sloppy, biased investigation, and provide evidence that: i)
Pfingst (chums with Jonah and POI Adam's brother and the police) was brought in early in the investigation, ii) Dina the primary POI was allowed to penetrate the crime scene tape and contaminate the crime scene the morning Rebecca's body was found and that iii) Dina told the police that it was HER son who was made braindead by Rebecca so Dina, along with Adam, cascaded and transfixed the "suicide" notion onto the cops early in investigation.
E.g., tort of Adam?? This was an unnecessary sticking point made by Judge, from my view. What in the world does someone ariving at a scene after Rebecca was knocked unconscious have to do with a fearful Rebecca? Perhaps Rebecca was going in and out of consciousness? and saw the three POIS' evil eyes and Adam's lascivious looks at her nude body? There could be innumerable reasons why Rebecca was in fear. Perhaps Dina took out the rope and bounded rebecca's arms and feet and made a noose to scare Rebecca???
This judge is being extremely unreasonable...because hey, none of us were there, and there were no videocameras, so we can only surmise and deduce from the available evidence, which was not thoroughly collected or analyzed by the police due to sloppy investigation and biased police work with foregone conclusions due to Gore already ruling it a suicide before investigation even began...