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

[kittychi]

Rebecca did not attempt to wipe down anything to remove her fingerprints. Her fingerprints are all over the scene and prove that she was the murderer that killed herself that evening. As an artist, she was likely in the habit of putting on gloves when she painted, but that night, in her frenzy to commit her dramatic suicide, she decided to forego the gloves - or just forgot to put them on, since she did leave fingerprints on the door she painted with her bizarre message to Jonah. The Zahaus will have a uphill battle to try and use the gloves as evidence since there is nothing that links them to anyone other than Rebecca Zahau.

Her finger prints were "all over the scene" because she lived there.

IMO of course.

 

[IQuestion]

Her finger prints were "all over the scene" because she lived there.

IMO of course.

KITTICHI....you are a delight! Regretfully, some people will never let truth and common sense, get in the way of a good story.

 

[justice be served]

Posted #174 by Adam Shacknai Attorneys:

NOTICE OF HEARING ON DEMURRER; DEMURRER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT FOR: (1) WRONGFUL DEATH; (2) BATTERY; (3) ASSAULT; (4) NEGLIGENCE; AND (5) CONVERSION BY DEFENDANT ADAM SHACKNAI; MEMORANDUM IN SUPPORT

In Answer to the Second Amended Complaint by Zahau Family

https://roa.sdcourt.ca.gov/roa/face...L_ROA-174_06-01-15_Demurrer_1433527784323.pdf

In summary: 'After eight iterations of the complaint spanning nearly two years in both federal and state court, Plaintiffs’ counsel have alleged nothing more than they “believe” Mr. Shacknai joined the purported conspiracy. At this point, the only conclusion to be drawn is that they have alleged nothing more because they cannot.5 As a matter of law, that a plaintiff “believes” someone committed a wrong is not enough to require someone to stand trial. Therefore, the SAC should be dismissed with prejudice.'

I'm sorry, but this seems like utter exaggeration in this summary (above) of '8 iterations' and 'two years'. The fact is that discovery is just now underway. The fact also remains that SDSO performed an investigation in support of suicide and thus the evidence is simply not there to be found. GMAB.

I'll have another one posted shortly.............

 

[LuckyLucy2]

How about the rest of that paragraph?

After two years, during which Plaintiffs’ counsel have filed eight separate iterations of their complaint in federal and state court, the allegations before this Court remain insufficient and, therefore, the demurrer should be sustained without leave to amend and the case should be dismissed with prejudice. As explained in previous briefing, Rebecca Zahau’s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs’ counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her. Yet after four years of investigation and four sets of counsel,2 the only allegation connecting Defendant Adam Shacknai to the purported conspiracy is based on a “belief” held by the Plaintiffs. Where an allegation is based on nothing more than a “belief,” it is black-letter law that the allegation must be accompanied by allegations setting forth facts upon which the belief is founded. Gomes v. Countrywide Home Loans, Inc. 192 Cal. App. 4th 1149, 1159 (2011). The Second Amended Complaint, however, fails to make any such allegations. After eight attempts to state a claim against Mr. Shacknai, enough is enough. This demurrer should be sustained, and this time, sustained without leave to amend.


The Zahaus should save themselves some money and withdraw their fraudulent suit now.

 

[LuckyLucy2]

Her finger prints were "all over the scene" because she lived there.

IMO of course.

Funny how Jonah and Max lived there too, but their fingerprints weren't "all over the scene" like Rebecca's were.

I suppose the Zahaus will say that Dina, Nina, and Adam somehow levitated over the room and miraculously erased Jonah and Max's fingerprints along with their own?

 

[justice be served]

How about the rest of that paragraph?

After two years, during which Plaintiffs’ counsel have filed eight separate iterations of their complaint in federal and state court, the allegations before this Court remain insufficient and, therefore, the demurrer should be sustained without leave to amend and the case should be dismissed with prejudice. As explained in previous briefing, Rebecca Zahau’s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs’ counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her. Yet after four years of investigation and four sets of counsel,2 the only allegation connecting Defendant Adam Shacknai to the purported conspiracy is based on a “belief” held by the Plaintiffs. Where an allegation is based on nothing more than a “belief,” it is black-letter law that the allegation must be accompanied by allegations setting forth facts upon which the belief is founded. Gomes v. Countrywide Home Loans, Inc. 192 Cal. App. 4th 1149, 1159 (2011). The Second Amended Complaint, however, fails to make any such allegations. After eight attempts to state a claim against Mr. Shacknai, enough is enough. This demurrer should be sustained, and this time, sustained without leave to amend.


The Zahaus should save themselves some money and withdraw their fraudulent suit now.

Need I repeat? Okay, I will (from above). I'm sorry, but this seems like utter exaggeration in this summary (above) of '8 iterations' and 'two years'. The fact is that discovery is just now underway. The fact also remains that SDSO performed an investigation in support of suicide and thus the evidence is simply not there to be found. GMAB.

GMAB AGAIN

 

[justice be served]

Next up - the defense is now showing worry about the media and IMO, generally as well. And also taking a Jonah Shacknai tactic shown earlier on his "cease and desist" order to Anne Bremner.

 

[justice be served]

Funny how Jonah and Max lived there too, but their fingerprints weren't "all over the scene" like Rebecca's were.

I suppose the Zahaus will say that Dina, Nina, and Adam somehow levitated over the room and miraculously erased Jonah and Max's fingerprints along with their own?

Do you have a link that Jonah and Max's fingerprints were not found? If they weren't found, then it is more than worrisome indeed because they also lived there. Read "wipe-down".

 

[justice be served]

Posting 176 by Adam Shacknai attorneys

https://roa.sdcourt.ca.gov/roa/face...r_1433529619964.pdf#page=4&zoom=auto,-150,379

DECLARATION OF RANDY RADER

This summarizes all of the pleadings in the case so far. Makes it easy for the judge to view all in one place is my take. The last exhibits are two recent news items quoting the Zahau's attorney Greer.

Well thank you Mr. Rader for making it easy for the judge to also have a perspective on the case! LOL. Not smart in my view. What it demonstrates IMO is SDSO's sparse investigation and dismissal of witness testimony. Go Greer!

 

[justice be served]

Funny how Jonah and Max lived there too, but their fingerprints weren't "all over the scene" like Rebecca's were.

I suppose the Zahaus will say that Dina, Nina, and Adam somehow levitated over the room and miraculously erased Jonah and Max's fingerprints along with their own?

Glad you brought up the levitation. No, it wasn't the murderers who levitated. It was Rebecca who apparently levitated over the railing with no DNA on the rail, one small smudge on the rail and one (1) toeprint on the balcony. And she 'managed' to do that levitation with her arms bound behind her back, her legs tied together and a gag in her mouth. Thank you for allowing me to point that out to everyone - it's good to go back with these pertinent reminders.

 

[LuckyLucy2]

Yep, '8 iterations' and 'two years'.

Certainly, no one can say that the Zahaus haven't had enough chances, or that a Judge was prejudiced when it is dismissed...unless the Zahaus finally do theright thing and withdraw the case, IMO.


July 12, 2013: Plaintiffs’ Counsel Attempts to Sue in Federal Court

November 11, 2013: Plaintiffs’ Counsel Attempts to Amend that Complaint

November 12, 2013: The Federal Court Strikes the Amended Complaint

November 13, 2013: Plaintiffs’ Counsel Files this Lawsuit

November 18, 2013: Plantiffs’ Counsel Seeks to Amend in Federal Court

March 13, 2014: The Federal Court Permits Leave to Amend

April 7, 2014: Plaintiffs’ Counsel Files the Amended Federal Complaint

June 24, 2014: Federal Court Dismisses the Amended Federal Complaint

July 8, 2014: Plaintiffs’ Counsel Amends the Federal Complaint Again

August 1, 2014: This Court Holds an Initial CMC

October 14, 2014: The Federal Court Holds Plaintiffs State a Limited Claim

November 3, 2014: Plaintiffs’ Counsel Files an Amended Complaint Here

January 15, 2015: Plaintiffs’ Counsel Seeks to Stay the Federal Case

May 1, 2015: This Court Orders that the Allegations Be Re-Pled

May 21, 2015: Plaintiffs’ Counsel Files the Second Amended Complaint

 

[justice be served]

Snipped.

The Zahaus should save themselves some money and withdraw their fraudulent suit now.

This isn't addressed to you, Lucky, but it got me thinking. I can visualize a strategy here. I believe it's reasonable to think that Jonah Shacknai is funding Adam's defense. After all, Adam's lawyers are the same one's Jonah has used and I would have to believe that Adam, being a middle class working man, wouldn't have the funds for these high priced lawyers.

With that presumption, maybe the strategy is to successfully remove Adam from the lawsuit which it well may be that it is headed there. And then Jonah funds the Zahau lawsuit against Dina (or maybe also Nina). After all, history has told us that Jonah and Dina are present litigants on the Max lawsuit. It would certainly make sense to see justice done for Rebecca - especially considering that the Max accident has left many eyebrows raised as to who and what really happened. And I'm not implying that Rebecca or her sister had anything to do with it. It just makes me go hmmmmmmm.......

 

[LuckyLucy2]

Dream on, justice be served. Jonah knows that Dina and Nina didn't kill Rebecca Zahau. He knows she committed suicide. After all, he was the one that spoke with her the most on that Monday and Tuesday after Max's horrible accident. He would never accuse Dina and Nina of a murder they did not commit, and to think that he would is not logical at all, IMO.

 

[LuckyLucy2]

Glad you brought up the levitation. No, it wasn't the murderers who levitated. It was Rebecca who apparently levitated over the railing with no DNA on the rail, one small smudge on the rail and one (1) toeprint on the balcony. And she 'managed' to do that levitation with her arms bound behind her back, her legs tied together and a gag in her mouth. Thank you for allowing me to point that out to everyone - it's good to go back with these pertinent reminders.

Rebecca left a full set of footprints, a single left print, and along with a right toe print. I suppose Adam levitated over the balcony while holding Rebecca and touched her feet down, since he left no prints?

Not logical, IMO.

Here are where you can find the facts of the case, along with photos showing Zahau's feet and toe prints, should you be interested.

http://sdsheriff.net/coronado/

 

[justice be served]

Rebecca left a full set of footprints, a single left print, and along with a right toe print. I suppose Adam levitated over the balcony while holding Rebecca and touched her feet down, since he left no prints?

Not logical, IMO.

Here are where you can find the facts of the case, along with photos showing Zahau's feet and toe prints, should you be interested.

http://sdsheriff.net/coronado/

The balcony was so shallow in depth that Adam, Dina, Nina or some combination thereof could have easily tossed little 100 pound Rebecca over it.

 

[justice be served]

Dream on, justice be served. Jonah knows that Dina and Nina didn't kill Rebecca Zahau. He knows she committed suicide. After all, he was the one that spoke with her the most on that Monday and Tuesday after Max's horrible accident. He would never accuse Dina and Nina of a murder they did not commit, and to think that he would is not logical at all, IMO.

What reason do you think that Dina drove from the hospital with Jonah's car instead of Dina's car when she went to see Rebecca the night she died? The obvious answer is that Dina nor her car was at the hospital so Jonah said 'take mine'.

Rebecca even said to a police officer the day before something to the effect 'Dina is going to kill me'. IMO both Jonah and Nina knew that Dina was out to confront Rebecca that night. I don't believe either of them thought Dina would go so far as to murder her. And it may have been an accident but it's still murder.

 

[LuckyLucy2]

The balcony was so shallow in depth that Adam, Dina, Nina or some combination thereof could have easily tossed little 100 pound Rebecca over it.

I don't believe that at all. No way someone could have touched her feet down and tossed her over while standing on the carpet. None of them are The Hulk.

And no mens's footprints appeared in the carpet, and you can see in the photos that the carpet was not vaccumed.

No, the simpliest answer is most ofter the correct one and in this case Rebecca Zahau selfishly took her own life.

 

[LuckyLucy2]

What reason do you think that Dina drove from the hospital with Jonah's car instead of Dina's car when she went to see Rebecca the night she died? The obvious answer is that Dina nor her car was at the hospital so Jonah said 'take mine'.

Rebecca even said to a police officer the day before something to the effect 'Dina is going to kill me'. IMO both Jonah and Nina knew that Dina was out to confront Rebecca that night. I don't believe either of them thought Dina would go so far as to murder her. And it may have been an accident but it's still murder.

"So and So is going to kill me" is a pharse many people say after something bad happens - it doesn't mean a thing.

Dina did not drive to the mansion that Tuesday night in Jonah's car. And I am pretty sure you don't have a link to prove she did, since it didn't happen.

But really, I don't care who drove whose car where or who wears gloves on YouTube while painting or why a woman shouldn't walk five blocks on a beautiful beach town night, or any of the other points brought up by the Zahau side because they don't have real evidence.

None of the above changes the fact that Rebecca took her own life. Her death is and will always be classified as a suicide because that is what it was.

But it is too nice out to be indoors typing...I'm off to the Beach. And walking there by myself!

 

[justice be served]

"So and So is going to kill me" is a pharse many people say after something bad happens - it doesn't mean a thing.

Dina did not drive to the mansion that Tuesday night in Jonah's car. And I am pretty sure you don't have a link to prove she did, since it didn't happen.

But really, I don't care who drove whose car where or who wears gloves on YouTube while painting or why a woman shouldn't walk five blocks on a beautiful beach town night, or any of the other points brought up by the Zahau side because they don't have real evidence.

None of the above changes the fact that Rebecca took her own life. Her death is and will always be classified as a suicide because that is what it was.

But it is too nice out for this...I'm off to the Beach. And walking there by myself!

Okay gotcha - you don't care about any of the head scratchers and that's fine. And in fact that is why we have a justice system that does care about these 'silly' details. Enjoy your beach walk.

 

[LuckyLucy2]

That justice system you mentioned has already found that Rebecca Zahau killed herself and no one else was involved. No head scratcher there.

That same justice system also assumes that people are not guilty of crimes unless convicted of such.

And thank you, the beach was lovely.