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

[Betty P]

I've always suspected the Zahau family was threatened with deportation or something similar for pursuing the investigation into Rebecca's death. JMO. I wonder if Dina has been deposed yet? The principle witnesses and plaintiffs were supposed to be deposed in August or September, right? It seems a little outrageous that Dina would demands to depose members of the Zahau family if she is still stalling on her own deposition.

 

[AZlawyer]

New entries on the San Diego Register of Actions, #223, and 224.





https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
Case Number: 37-2013-00075418-CU-PO-CTL

As this is filed by Dina, I'd guess it has something to do with a Zahau family member residing outside the U.S. that she wants to depose, or compel to answer something like written interrogatories. And IIRC, Rebecca's sister, Snowem, resides in Germany. That's my best guess-- Dina has deposed Mary, and now wants to depose Snowem, or file interrogatories, or something similar.

(The actual document may be available in a day or so-- there is often a lag, as I have noticed on this site. The entry is posted, then a day or so later, the document is available.)

https://en.wikipedia.org/wiki/Letter_rogatory







BBM. Deposing Snowem seems a logical/ obvious goal for this filing, IMO. But there may be other uses. Perhaps AZlawyer can lend more insight as to how this process may be applied in civil lawsuits.

I don't think it would have to do with anything in Germany, unless they're following the wrong procedure. Germany is a signatory to the Hague Convention on Service Abroad or whatever it's called, and last time I used that there were no letters rogatory involved.

Actually, now that I've read a bit more about letters rogatory, I wonder if this has something to do with Dina's quest to find out more about the immigration details of the Zahau family members. Germany should be a signatory to some european inter-country conventions that ease the process of requesting lawsuit information, depositions, etc. However, Burma/ Myanmar (the country of origin of the Zahau family) may not be part of those Hague conventions, and the letter rogatory process might be more applicable. (Hoping AZlawyer will weigh in.)

So, I wonder if this is an attempt to circumvent the difficulties Dina encountered in trying to get information here in the U.S. about the Zahau family immigration status.

And as the "order" entry in my above post was filed by DS, and not the court (and was followed by a correspondence request), I'm guessing it's one of those "ghost written" orders that are prepared by attorneys for Judges to guide them in their decision making. In other words, it may be a request for an order by DS -- "please do this"-- not an actual order. Just speculation.

That makes more sense.

Also, I agree that the "order" entry most likely just reflects the filing of a proposed order.

More indication that Dina's WDS against Jonah is on very thin ice.

The recent entries (last 8 weeks) on that case indicate Dina and her attorneys are pretty much ignoring the case, deadlines, court orders, etc. Defense is officially letting the court know the plaintiff isn't cooperating with the civil process, and asking for another formal ruling by the Judge. (If I have interpreted Rule 7.1 correctly.)

This appears to refer to the defense's second (or third?) request related to attorneys fees and costs that were ordered to be paid by the plaintiff DS, by July 26. Failure of plaintiff DS to formally object to the order to pay, and failure to pay the fees to the defendant JS.



https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

Info on Rule 7.1:



http://pinalcountyaz.gov/Department...Civil/CV11-105 Civil Packet FORM 09152008.pdf

ETA: Come to think of it, this notice could also be related to the plaintiff DS's failure to respond to the defendant JS's motion from 8/17/2015 to dismiss with prejudice, and requesting award of all attorney fees. The original motion for dismissal was 6/16/2015.

The Rule 7.1 notice is probably just letting the judge know that no response was filed to a motion, so the judge is free to rule on the motion. Sometimes clerks don't notice that a motion is ready to be ruled upon if no response is filed, because they are waiting for the full set of briefs to come in.

ETA: For further info, this Wikipedia page on the Hague convention seems pretty good: https://en.wikipedia.org/wiki/Hague_Service_Convention#States_parties .

ETA2: Letters rogatory are almost always a waste of time. Nobody in Myanmar or wherever this is going is likely to care about this request.

 

[K_Z]

Order granting request to file letter rogatory, signed by the Judge Bacal, and filed.

But no hint as to what the issue is, or the country involved.

https://roa.sdcourt.ca.gov/roa/face...OA-223_08-31-15_Order_Other_1441236823749.pdf

 

[K_Z]

I don't think it would have to do with anything in Germany, unless they're following the wrong procedure. Germany is a signatory to the Hague Convention on Service Abroad or whatever it's called, and last time I used that there were no letters rogatory involved.



ETA: For further info, this Wikipedia page on the Hague convention seems pretty good: https://en.wikipedia.org/wiki/Hague_Service_Convention#States_parties .

ETA2: Letters rogatory are almost always a waste of time. Nobody in Myanmar or wherever this is going is likely to care about this request.

Snipped respectfully, and BBM.

So, if nothing happens with the letter rogatory-- if it languishes or is ignored/ overlooked by the receiving country, what effect would that have on this case? This isn't a criminal trial, so would not getting whatever they are asking for be grounds to delay this case moving forward?

I can imagine some motions being filed here saying the desired information is "critical to Ms. Shacknai's defense", and that the defense has no control over compelling the other country to comply.

So if they don't get what they are seeking, can it derail this case? Stall it for months/ years?

How do judges typically proceed in civil cases when this kind of situation occurs, and the country stalls or doesn't cooperate?

 

[K_Z]

I've always suspected the Zahau family was threatened with deportation or something similar for pursuing the investigation into Rebecca's death.

Respectfully snipped.

I think DS has two agendas simultaneously going on here with the attempts to get information from another country.

My thoughts on Dina's pursuit of information about the Zahaus immigration status are that she is hoping to uncover some little technicality that could be exploited to make Rebecca, Mary, Pari, or Robert ineligible to bring the wrongful death lawsuit she is named in. In essence, try to get the case thrown out.

But the second reason is I think Dina wants to dig around to try to find "something" in Rebecca's past to further smear Rebecca, and try to paint her and her family as immigrants who are fleeing a criminal past. If Dina can "find" something to frame the Zahaus (and Rebecca in particular) as criminals, she can again *try* to inject her ideas about how Max died into this case. That has been a really transparent goal of hers from the beginning of this case being filed. She constantly wants to turn the attention to Max's death, and make the case about Max's death, and not Rebecca's death, IMO.

IMO, for many years, Dina has held deep prejudices against Rebecca and her family because they are Asian immigrants. The internet site that Dina provided to Dr. Melinek, and Dr. Melinek then references in her report, has had many negative racial comments, racial hate statements, and racially mocking comments about Rebecca and her family. So that agenda has been pretty transparent for years now, IMO. This is more of that same harassment, IMO.

CIS told DS the immigration status of the Zahaus was not information she was entitled to. I think this current letter rogatory has to do with the many rumors and insinuations that Dina supporters have been making about whether or not the Zahau family has criminal records outside the US-- or an attempt to get birth records.

And just none of the above has a single thing to do with Dina defending herself from the accusations that she murdered Rebecca. Unless she wants to try to float a "Chicago cell-block tango defense" that "she had it coming", or something, right?

[video=youtube;TYmMagkfjfI]https://www.youtube.com/watch?t=89&v=TYmMagkfjfI[/video]

 

[Sharyne]

Three new entries on the San Diego Register of Actions in the Zahau civil lawsuit (220, 221, & 222).

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
Case number: 37-2013-00075418-CU-PO-CTL



220 08/25/2015 Discovery Hearing scheduled for 10/09/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.
221 08/26/2015 The Motion to Quash (Civil) was rescheduled to 10/09/2015 at 01:30:00 PM in C-69 before Katherine Bacal at Central.
222 08/26/2015 Motion to Quash (Civil) scheduled for 10/09/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal.




It appears that Jonah's recent motion to quash the "computer subpoena" has been rescheduled in place of a discovery hearing-- but that's just an observant guess.

Thank you K_Z. I am confused though, what's the difference between 221 and 222?

 

[K_Z]

Thank you K_Z. I am confused though, what's the difference between 221 and 222?

I don't know for sure how they run the posting process, but my best guess is that 221 was a formal request to reschedule the discovery hearing to change the topic to the motion to quash the subpoena, and 222 was the "actual" confirmed scheduling of the motion hearing with the new topic on the Judge's calendar.

Same date and time as the old discovery hearing, perhaps for everyone's convenience. Or maybe the old discovery hearing had to do with the discovery related to Jonah's computer-- and with a pending motion to quash the subpoena, that had to be dealt with first.

 

[bourne]

I've always suspected the Zahau family was threatened with deportation or something similar for pursuing the investigation into Rebecca's death. JMO. I wonder if Dina has been deposed yet? The principle witnesses and plaintiffs were supposed to be deposed in August or September, right? It seems a little outrageous that Dina would demands to depose members of the Zahau family if she is still stalling on her own deposition.

Appears the only reason for Dina to be skirting her own deposition is that she knows she has *no* alibi and wants to press her defamation against the Zahaus with immigration nonsense. As KZ said, likely to try to get Zahau WDS case thrown out. But I am told by lawyer friends that the case will not be thrown out just because a plaintiff is not a legal immigrant. <AZLawyer may wish to expound on this>

I also don't believe Dina can suddenly find criminality in a Zahau plaintiff's past and get the WDS thrown out either.

Truly Dina appears to be simply using all her dilatory tactics to delay the WDS. It is most saliently clear that Dina has *no* alibi, and no valid defense in the WDS (and to me, it is most evident that Dina premeditated and murdered Rebecca in cold blood) and that is why Dina is using all these manipulative maneuvers and technicalities to try to get the case postponed till eternity. Good luck Dina because you will need it. That.Is.For.Certain.

 

[AZlawyer]

Snipped respectfully, and BBM.

So, if nothing happens with the letter rogatory-- if it languishes or is ignored/ overlooked by the receiving country, what effect would that have on this case? This isn't a criminal trial, so would not getting whatever they are asking for be grounds to delay this case moving forward?

I can imagine some motions being filed here saying the desired information is "critical to Ms. Shacknai's defense", and that the defense has no control over compelling the other country to comply.

So if they don't get what they are seeking, can it derail this case? Stall it for months/ years?

How do judges typically proceed in civil cases when this kind of situation occurs, and the country stalls or doesn't cooperate?

Unless the other country says (1) yes we will comply but (2) we need more time--AND the discovery sought is really important to the case--most judges would not wait for letters rogatory to be answered. They are not a real legal procedure, just a fancied-up version of saying "pretty please." Unless the other country really wants something from the U.S. and thinks this particular case is so important that the White House/State Dept. etc. will actually care if they comply, there's no point in wasting their resources addressing these requests.

Appears the only reason for Dina to be skirting her own deposition is that she knows she has *no* alibi and wants to press her defamation against the Zahaus with immigration nonsense. As KZ said, likely to try to get Zahau WDS case thrown out. But I am told by lawyer friends that the case will not be thrown out just because a plaintiff is not a legal immigrant. <AZLawyer may wish to expound on this>

I also don't believe Dina can suddenly find criminality in a Zahau plaintiff's past and get the WDS thrown out either.

Truly Dina appears to be simply using all her dilatory tactics to delay the WDS. It is most saliently clear that Dina has *no* alibi, and no valid defense in the WDS (and to me, it is most evident that Dina premeditated and murdered Rebecca in cold blood) and that is why Dina is using all these manipulative maneuvers and technicalities to try to get the case postponed till eternity. Good luck Dina because you will need it. That.Is.For.Certain.

BBM

That's my understanding as well, at least in the 9th Circuit.

 

[K_Z]

Two new entries on the Maricopa County site related to Dina's WDS against JS:

9/8/2015 OBJ - Objection/Opposition. 9/8/2015
NOTE: Plaintiff's Opposition to Defendants' Second Motion for Sanction of Dismissal with Prejudice

9/9/2015 REL - Reply 9/9/2015
NOTE: DEFENDANT’S REPLY IN SUPPORT OF SECOND MOTION FOR SANCTION OF DISMISSAL WITH PREJUDICE FOR PLAINTIFF’S FAILURE TO COMPLY WITH COURT’S ORDER AND MOTION FOR ATTORNEYS’ FEES AND COSTS

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

KZ note: Can't help but notice the lightning fast written and filed response from Defendant JS to Plaintiff DS's opposition to dismissal and sanctions! Lol. :judge:

 

[screecher]

Lol, she's lost.

 

[screecher]

Done and hogtied herself, imo.

 

[K_Z]

New entry (#225) on the San Diego ROA. I'm assuming this is in reference to Jonah's motion to quash the subpoena related to his computer.

225 09/14/2015 Motion to Quash (Civil) scheduled for 10/09/2015 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

Nothing now on the schedule for 10/09/2015, and some new schedule changes. Next scheduled discovery hearing/s 11/06/2015.

Future Events:

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
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/19/2016 01:30 PM C-69 Civil Case Management Conference - Complaint
02/19/2016 01:30 PM C-69 Discovery Hearing
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/26/2016 01:30 PM C-69 Discovery Hearing
02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
37-2013-00075418-CU-PO-CTL

 

[bourne]

New entry (#225) on the San Diego ROA. I'm assuming this is in reference to Jonah's motion to quash the subpoena related to his computer.


Nothing now on the schedule for 10/09/2015, and some new schedule changes. Next scheduled discovery hearing/s 11/06/2015.

Future Events:



https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
37-2013-00075418-CU-PO-CTL

Why would Jonah want content on his computer quashed in the first place? That is strange, especially if according to the Dina clan, Jonah believed Rebecca killed herself, what would it matter what they found on the computer? Unless there is evidence in the computer implicating some people other than Rebecca using his computer for nefarious purposes...

My guess is that there's information in it pertaining to Dina and Jonah's violent past.

 

[bourne]

Lol, she's lost.

Yep, Dina's lost her WDS against Jonah. I think she was using it for two reasons: a) To divert attention from the Zahaus' WDS against her; and 2) to get $money off Jonah and intimidate/threaten him to side with her in the Zahaus' suit against her.

Too bad she lost. I'm still waiting for Dina and her sister Nina to finally give their depositions in the Zahaus case. How arrogant for them to continue to stall their own depositions while demanding other people, including Zahau's sister in Germany to get deposed when the sister was nowhere near the premises in Coronado when Rebecca's murder and Max's accident occur.

 

[K_Z]

9/18/2015 ORD - Order 9/18/2015
NOTE: Order (Awarding Jonah Shacknai Attorneys' Fees in the Amount of $14,307.50 and Costs in the Amount of $44.65. Further Ordered that Plaintiff Shall Pay $14,000.00 to Charitable Organization MaxInMotion)

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

I am very, very glad Jonah chose Max in Motion as the charity Dina is ordered to pay! I had hoped he would choose MIM! That was a great choice, on so many levels-- and an appropriate way for Dina to make amends and honor Max's memory (even if that honor is court ordered).

The Max in Motion organization has solid financials that are increasing every year, and lots of very objective evidence of the many children they assist. They even started a wheelchair league. MIM truly honors the little boy, and what he was passionate about. This foundation will be around for a long time IMO, doing good work for kids.

http://www.maxinmotion.org/

I expect Dina's WDS case against Jonah will be dismissed shortly.

Pretty nice TGIF for Jonah today. Karma and all that.

 

[K_Z]

Oh-- and we shouldn't forget that this $28,000 is only related to the $3000 court ordered fees Dina refused to pay by July 26, 2015, plus penalty sanctions. This is only the attorney fees related to THAT, and subsequent efforts to get her to comply with PREVIOUS court orders.

When the case is dismissed, I think we will see Dina ordered to pay ALL of Jonah's attorney costs and filing fees, going back to 2013 when this was filed. And IMO, Jonah's attorney costs and filing fees will exceed $150,000. Jonah's attorney costs seem to be averaging about $5,000 a month by my calculations, extrapolated from what is in the filings and orders we have available. But that's just a guess. Jonah uses highly competent and highly priced attorneys, so it could be much, much more.

I hope he gets some more of his money back from Dina.

ETA: But as Dina hasn't paid the $3000 yet, I doubt she will quickly and compliantly pay this $28,000. She's going to fight it tooth and nail, IMO-- and claim "financial hardship", IMO, too. If she does that, I think she would have to reveal the state of her finances to the court to receive some payment plan accommodations. We already know from court filings I linked earlier in this thread that Jonah paid her many millions in the divorce just a few years ago-- I'm guessing much of it is gone at this point.

 

[justice be served]

k_Z, I, for one, so appreciate your tireless efforts to keep all of us in the loop on the legal proceedings not to mention your always intelligent and critically thought out analyses of this sad case. You are simply the best! On a side note, my silence on this board is simply due to some overwhelmingly consuming situations that have me laser-focused on them. I remain as steadfast as ever in my belief that some terrible injustices and worse have taken place with Rebecca. I look forward to the next proceedings and here's a shout-out to the long suffering Zahau family.

 

[inthedark14]

I owe a big thank you too!

I'm still here reading along...been so busy :baby:

A huge thanks to KZ and everyone keeping us up to date. The court docs are invaluable!

Still here for justice for Rebecca!

 

[LuckyLucy2]

Oh-- and we shouldn't forget that this $28,000 is only related to the $3000 court ordered fees Dina refused to pay by July 26, 2015, plus penalty sanctions. This is only the attorney fees related to THAT, and subsequent efforts to get her to comply with PREVIOUS court orders.

When the case is dismissed, I think we will see Dina ordered to pay ALL of Jonah's attorney costs and filing fees, going back to 2013 when this was filed. And IMO, Jonah's attorney costs and filing fees will exceed $150,000. Jonah's attorney costs seem to be averaging about $5,000 a month by my calculations, extrapolated from what is in the filings and orders we have available. But that's just a guess. Jonah uses highly competent and highly priced attorneys, so it could be much, much more.

I hope he gets some more of his money back from Dina.

ETA: But as Dina hasn't paid the $3000 yet, I doubt she will quickly and compliantly pay this $28,000. She's going to fight it tooth and nail, IMO-- and claim "financial hardship", IMO, too. If she does that, I think she would have to reveal the state of her finances to the court to receive some payment plan accommodations. We already know from court filings I linked earlier in this thread that Jonah paid her many millions in the divorce just a few years ago-- I'm guessing much of it is gone at this point.

The Zahaus will be paying 20 times that when the Judge santions them for trying to frame three innocent people instead of accepting that their sister committed suicide when the case is dismissed in February.

Maybe even 100 times that. Judges dont take kindly to those trying to frame people to make money, from what I understand.

Loved seeing all of those Motions to Dismiss and Summary Judgement dates listed in the State Court docket. Thanks for keeping us up to date on that, KZ.

I can't wait till February! :scale: