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

[kittychi]

Extra security is critical in a children's hospital - children are often custodial pawns and could be taken out or kidnapped by a non-custodial parent or anyone else. That is just common sense.

 

[K_Z]

I can assure you that there are no cameras tracking who goes in and out of every hospital room. A hospital is not a public building. It is a private institution. Access is restricted to some areas such as ICU, NICU, Newborn Nursery, etc. Hospital personnel are responsible for ensuring patient privacy and safety, not cameras. These areas usually require sign-in or to be buzzed in. The only cameras will be at entrances and exits of the hospital itself and and possibly waiting rooms if there have been problems but it is not unusual for parents, mothers especially, not to leave the ICU while the child is in critical condition.


JMO

I can assure you that there are security cameras pointed at every ICU entrance door, every public and staff entrance and exit door, all common areas, such as hallways, elevators, stairwells, cafeterias, parking lots, parking garages, unit nursing stations, etc. etc. A pediatric hospital has some of the most extensive security surveillance available due concerns over custody abductions and child safety. The search warrant for surveillance is from one hour BEFORE Max was admitted June 11, to 8:00 pm June 13. They know exactly which doors all the relevant defendants and family members used, where they parked, what times they entered and exited, and more. Dina is not seen anywhere she was expected to be seen during the relevant time. That is a huge discrepancy that must be addressed and definitively cleared up. As in, now.

 

[screecher]

... it is not unusual for parents, mothers especially, not to leave the ICU while the child is in critical condition.


JMO

snipped

Hate to burst your bubble, MyBelle, Dina Shacknai, did indeed leave her son for at least 12+ hours.

Left. Her. Son.

That is indisputable.

 

[LuckyLucy2]

Dina Shacknai did leave her son on Tuesday. Rady's ICU rooms have a 2 person limit. TWO. She and Jonah were taking turns being with Max. Dina and Jonah were with Max on Monday and Monday night, then on Tuesday, Howard Luber and Adam Shacknai were with Jonah at Rady's. When they left, Dina came back with Nina, and Jonah went to Ronald McDonald house. Why? Because only TWO people are allowed in the iCU room at a time.

I find the continued attempt to villify an innocent Mother that lost her only chld because of Rebecca Zahau's negligence to be despicable.

Ann Rule and the Zahaus know that Dina had witnesses. I believe the Judge in the civil case will fine them big time when she learns all the facts and throws the case out of court. That will be a wonderful day, and it will be here soon.

 

[IQuestion]

K_Z, me thinks that one is only posting for posting's sake. That one there really seems not to know the elements of this case, doesn't seem to care enough to do the research or perhaps is just a wannabe rambling anonymuncule. imo.

SCREECHER!!! Now I know how/why you picked your moniker. What kind of bird might make frequent loud harsh screeches at dawn, at dusk, or in the middle of the night? A VERY WISE SCREECH OWL. Thank you...and keep screeching!

 

[LuckyLucy2]

New entries on the San Diego ROA, #187, 188.

#187 is another calendar appointment in Feb 2016 for a summary judgement conference, but not a motion for summary judgement.

#188 is a 26 page affidavit by Dina Shacknai.

https://roa.sdcourt.ca.gov/roa/face...88_06-23-15_Affidavit_Other_1435252281390.pdf

KZ, you are incorrect about the Summary Judgement that are on the court calendar. Not sure where you read that they were just "conferences"? They are not. They are hearings and the Judge will make a ruling on whether the case has merit to continue. As we clearly see in Dina Shacknai's recent Demurrer, it does not.

The Summary Judgement hearing, IMO, is when this ridiculous, fabricated, unscrupulous case will be thrown out of court and the Zahaus will be ordered to pay the cost of Adam Shacknai, Dina Shacknai, and Nina Romano.

And I also imagine the Judge will have quite a few choice words to say about the Zahaus wasting the court's time and tax payers dollars to file a bogus case.

Papers for the Summary Judgement do not have to be filed until 75 days before the hearing. So that is roughly late August for the 10\09\2015 hearing and mid-November for the 02\26\2016 hearing.

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CODE OF CIVIL PROCEDURE
SECTION 437c-438

437c. (a) Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading. (b) (1)

The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denial of the motion.

The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Upon the grant of a motion for summary judgment, on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of, and if applicable in opposition to, the motion which indicates that no triable issue exists.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=437c-438

 

[K_Z]

I think I made it clear in my post that no motion for summary judgement has been filed. The entry on the ROA is merely a predictable scheduling entry. AZlawyer commented on this in the questions thread.

In some geographic areas (perhaps most) the hearing for summary judgement isn't scheduled until the motion asking for summary judgement is filed. Apparently in this district, they just schedule, then reschedule, those expected hearings over and over, with the understanding that the hearing won't occur unless the motion/s have been filed correctly at the prescribed times. It's a procedural thing. This is about the third or fourth time in this case that the summary judgement hearing has been rescheduled. I merely commented on it to distinguish the calendar scheduling entry from an actual motion. Posters are free to peruse the San Diego ROA and read for themselves. I simply post new entries that I see as a courtesy to my fellow posters here-- and of course, anyone is free to roll and scroll past my posts.

Everyone fully expects defendants to file motions for summary judgement-- that's probably why they are automatically put on the judge's schedule in this judicial district. It's a pretty normal and expected part of civil lawsuits. These defendants will almost certainly file motions for summary judgement when the discovery process is over, or nearly over. It's probably not likely to occur before discovery is done, and all the relevant depositions are done.

And IMO, discovery will drag out probably another year. Dina's own attorneys, in their case management statements, expect discovery to drag on much longer than the plaintiffs, who are pretty close to being ready for trial. It's Dina's attorneys who continually state they aren't even close to being ready for trial. So I don't expect them to be ready to file a motion for summary judgement yet, either.

 

[K_Z]

New entries on San Diego ROA today. #189- 196. Most significant are documents #190, 195, and 196.

#190, 17 pages:

https://roa.sdcourt.ca.gov/roa/face..._Motion_to_Compel_Discovery_1435375633296.pdf

#195, 12 pages:

https://roa.sdcourt.ca.gov/roa/face...L_ROA-195_06-25-15_Demurrer_1435375634812.pdf

#196, 21 pages:

https://roa.sdcourt.ca.gov/roa/face...-196_06-25-15_Request_Other_1435375635093.pdf

 

[screecher]

Thanks K_Z

 

[LuckyLucy2]

Papers for the Summary Judgement do not have to be filed until 75 days before the hearing. So that is roughly late August for the 10\09\2015 hearing and mid-November
for the 02\26\2016 hearing.

The upcoming Summary Judgements are hearings, not conferences. The papers for the first one do not need to be filed until late August.

Unless the case is dismissed due to the dumerrers, I expect to see the Summary Judgement papers filed sometime in the next month.

 

[screecher]

Hey, LuLu. Can't wait to meet you at the trial :great:

 

[MyBelle]

BBM
Well Mybelle The following information is from the SEARCH WARRANT AFFIDAVITS:
He returned to the hospital on July 12, 2011, around 0530-0600. His ex-wife, Dina Shacknai, was at the hospital when he arrived. Dina left and went to her residence in Coronado to gets some sleep."
"Dina returned to the hospital on July 12, 2011, at about 1800 hours.
http://www.760kfmb.com/story/15505829/some-shacknai-search-warrants-to-be-unsealed?clienttype=mobile

I have lots of opinions, but it is so much better to provide links to facts.

I too, would have assumed your last sentence (opinion) was correct, but alas, the facts, as provided in the affidavits, prove otherwise. And, if your assertion is "hospital personnel are responsible for ensuring patient privacy and safety, not cameras"..... Are you stating LE, ie SDSO is "not responsible for ensuring patient privacy"?? If so, then there should have been no problem in asking to see the security camera videos....after all, they are not the ones endowed with the power of patient/parent privacy, now are they??

I did not imply Dina NEVER left the ICU so kindly refrain from misrepresenting my posts. She did NOT leave her son's bedside during the hours of RZ's death which is all this lawsuit is about.

I'm pretty sure the Judge will have no problem finding the Sheriff's investigators credible....if this ridiculous case gets that far and I doubt it will.

JMO

 

[MyBelle]

Dina Shacknai did leave her son on Tuesday. Rady's ICU rooms have a 2 person limit. TWO. She and Jonah were taking turns being with Max. Dina and Jonah were with Max on Monday and Monday night, then on Tuesday, Howard Luber and Adam Shacknai were with Jonah at Rady's. When they left, Dina came back with Nina, and Jonah went to Ronald McDonald house. Why? Because only TWO people are allowed in the iCU room at a time.

I find the continued attempt to villify an innocent Mother that lost her only chld because of Rebecca Zahau's negligence to be despicable.

Ann Rule and the Zahaus know that Dina had witnesses. I believe the Judge in the civil case will fine them big time when she learns all the facts and throws the case out of court. That will be a wonderful day, and it will be here soon.

Of course there are witnesses. I believe the Judge should throw the book at the attorneys for knowingly filing such a ridiculous, defamatory lawsuit.

JMO

 

[LuckyLucy2]

Hey, LuLu. Can't wait to meet you at the trial :great:

So sorry to disapoint you, but this case will never make it to trial.

 

[screecher]

So sorry to disapoint you, but this case will never make it to trial.

Considering how this case was investigated from zero hour, perhaps you are correct.

You must have inside information to make that statement, do spill.

 

[LuckyLucy2]

Of course there are witnesses. I believe the Judge should throw the book at the attorneys for knowingly filing such a ridiculous, defamatory lawsuit.

JMO

It was good to see that in the Demurrer just filed by Nino Romano's Attoneys that they are asking for:

That defendant recover costs of suit herein incurred; and,

For such other and further relief as the court may deem just and proper.

Dina and Adam's attorneys have asked for the same in their Demurrers. I believe the Judge will have them pay the Defendants' costs and will also fine the Zahaus for filing a bogus court case.

 

[LuckyLucy2]

Considering how this case was investigated from zero hour, perhaps you are correct.

You must have inside information to make that statement, do spill.

Nope screecher, no need for inside information to figure that one out. All you have to do is read the Zahaus' convoluted and impossible claims and compare them to the through investigation that proved Rebecca Zahau took her own life to know that the case will never see a courtroom.

http://sdsheriff.net/coronado

 

[justice be served]

I can assure you that there are security cameras pointed at every ICU entrance door, every public and staff entrance and exit door, all common areas, such as hallways, elevators, stairwells, cafeterias, parking lots, parking garages, unit nursing stations, etc. etc. A pediatric hospital has some of the most extensive security surveillance available due concerns over custody abductions and child safety. The search warrant for surveillance is from one hour BEFORE Max was admitted June 11, to 8:00 pm June 13. They know exactly which doors all the relevant defendants and family members used, where they parked, what times they entered and exited, and more. Dina is not seen anywhere she was expected to be seen during the relevant time. That is a huge discrepancy that must be addressed and definitively cleared up. As in, now.

And now back to vital and relevant information on this WDS case and away from the noise: Bumping K_Z's post - facts that are more than pertinent to this case.

 

[LuckyLucy2]

justice be served, that really isn't an issue in this case. Even if Dina was seen leaving on camera, so what? That still would not place her in the courtyard of Spreckles killing Rebecca Zahau. Especially since Rebecca's bizarre death was proved to be at her own hands.

Plus, Ann Rule has already said in her book that Dina had witnesses that placed her in Max's room throughout the night. The Zahaus' even list the book as "Relevent Media" on their Indigogo Fundraising site. That's the one where they only made 1% of their goal due to lack of support.

 

[justice be served]

It was good to see that in the Demurrer just filed by Nino Romano's Attoneys that they are asking for:

That defendant recover costs of suit herein incurred; and,

For such other and further relief as the court may deem just and proper.

Dina and Adam's attorneys have asked for the same in their Demurrers. I believe the Judge will have them pay the Defendants' costs and will also fine the Zahaus for filing a bogus court case.

So you are basically forecasting the same thing that is now happening in Maricopa County Superior Court - only in the Maricopa case it appears Dina will be paying Jonah's court and lawyer costs (see earlier thread postings of Maricopa court docket). History doesn't seem to be on Dina's side now does it?