Wrongful Death Suit filed Nov. 13, 2013 in California, #4

[Imp]

New entry on San Diego ROA-- #270.



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

Case Number: 37-2013-00075418-CU-PO-CTL

Interesting. I wonder whether it's the plaintiffs, or defendants, that want to depose him? And WHY?

My guess is it's the defendants-- and Dina Shacknai in particular. NN clearly has nothing to do with either Rebecca's or Max's deaths. And as his name keeps being advanced by supporters of the defendants, my sense is that it's the defendants who want to depose him. (Just as defendant Dina tried to get a foreign country to cooperate with her letter rogatory, and she wanted to depose the wife of Howard Luger, who wasn't even in California. Mrs. Luger successfully got a protective order, too.) But I could be wrong-- we'll see. Maybe it's the plaintiffs who want to depose him.

ETA: Perhaps the actual motion will be available in the next day or so. Sometimes the entries show up, and the option to view/ purchase lags and is available after.

Good grief ... Neil Nalepa? Assuming this is a plaintiff attempting to depose him, this just reeks of desperation, among other things. I fully expect Ocean will also be filing a motion for protective order shortly. Surely the dog has some dirt on the deceased. Good grief.

 

[Waitaminute]

Neil Nalepa. My far flung guess is.... If we can have Neil say that Rebecca became materialistic, and then their marriage fell apart, then the reasoning goes that Rebecca was afraid her relationship with Jonah was over, the money dries up and she was so materialistic that the thought of the lack of money was enough to make her play creative suicide. Way out there, I know, but theres my guess. Trying to build reasons why RZ would take her own life.

 

[screecher]

Hi Waitaminute. Good guess. If in fact, dina is wanting to use this as part of her defense, she's clutching at straws, a futile attempt to prove her innocence. It absolutely proves dina has no alibi. Otherwise why bother?

OTOH, not only is there no proof she was with her child, there is proof she lied about being with her child. Also, there is witness who saw dina at ocean blvd and there were screams and loud music heard.

The judge and jury will see right through dina's machinations.

Simply my opinion.

 

[screecher]

The detectives do. They would have talked to the people at Dina's house about how long she was gone. Simple.

Who were these people at the house JS kept for dina?

 

[K_Z]

Good grief ... Neil Nalepa? Assuming this is a plaintiff attempting to depose him, this just reeks of desperation, among other things. I fully expect Ocean will also be filing a motion for protective order shortly. Surely the dog has some dirt on the deceased. Good grief.

Did you mean defendant, instead of plaintiff, or did I misunderstand?

If I have the count correct, Neil Nalepa makes at least 5, and possibly 6 individuals who have filed for protective orders from Dina-- MZL, PZ (#43 on the ROA), Lisa Luber, Jonah, and potentially XZ, as well (from Dina's comments on the TV & radio interviews about her belief that XZ was responsible for killing Max-- many believe Dina was served with a Child Order of Protection after those comments, as her public attacks against XZ abruptly ceased.)

 

[Frigga]

Wow! That woman is out of her mind. I think we all have some idea of the hell she put Rebecca through the night she murdered her. Dina is unhinged- IMO.

 

[screecher]

So please tell me, if MLZ truly thought that RZ truly was in danger of being murdered, why did she not call the police or insist RZ fly home with XZ???? The fact that she did neither of those things proves she did not really take it literally.

What matters is, the LEO took it literally, he noted it.

 

[screecher]

New document on the San Diego ROA-- #269, a 7 page case management statement filed by the Plaintiffs. Plaintiffs are projecting 12-15 days for a trial, but no trial has been scheduled yet.

This document is most likely in preparation for the case management conference scheduled on 2/19, along with the demurrers.



Interesting info on projected discovery completion dates-- #16-- depositions of all parties is NOT yet complete:

Deposition of Parties: May 2016
Third Party Depositions: July 2016
Expert Depositions: October 2016

https://roa.sdcourt.ca.gov/roa/face...6_Case_Management_Statement_1454453302924.pdf

Gosh, It makes me wonder if the defendants are in violation of procedural due process if they have not complied.

Maybe not, justice be. Could be the plaintiffs haven't scheduled the depos yet, gathering all the discovery they can before they schedule one or both of them. IIRC, they only get one opportunity, one day, to depose a party, unless there is an objection, and the judge grants another opportunity (like with the disputed questions MZL was directed to answer.) An interesting thing to think about, IMO, is why Adam was deposed so early in the process. And apparently his depo went very smoothly-- no disputes filed, and it's been a year.

The case management document indicates the plaintiffs are still open to alternative dispute resolution, and filed the necessary documents. They checked off being open to "settlement" under ADR.

I still think there's at least a reasonably good chance of this going to trial, since the case has survived some 811 days. We'll see.

We just don't know what the discovery has produced yet-- and from the planning document, there is still about 9 months of discovery projected. If I remember correctly, I think AZlawyer indicated that an official request for summary judgement comes after discovery is done. So we potentially have a ways to go yet. We'll see what happens on Feb 19.

Very glad to read the plaintiffs have expert witnesses they plan to depose!

Back in post #94 (this thread) AZLawyer said it seems dina, and Nina were to be deposed in Oct 2015. We know Adam was deposed in Jan of 2015. Seems dina and nina skated on the scheduled depo.

 

[screecher]

Does anyone have any theories (nefarious and not nefarious) as to what the Zahaus immigration status has to do with anything in this case? I asked AZ lawyer, and even if something negative came to light about their immigration status, the case cannot get thrown out on a technicality. I'm not understanding how knowing the answer to that as being an advantage or disadvantage to anyone involved no matter what the answer may be.
Thanks in advance

No theory here, imo, it's just another form of harassment. dina better be careful, this may all come back to bite her. Remember the feds have been involved from the very beginning in this case. With all that was said, even on here, including Rebecca's father working with the Nazis, if the harassment and bullying continue it could become a federal issue, she was already shut done regarding the Zahaus immigration status.

Hate crime anyone?

 

[Jessica2012]

How do we know it is the plaintiffs who want to depose him? I'm pretty sure it's the defendant dina.

We don't know if it is the plaintiffs or the defendants, I was just asking what reasons could the plaintiffs have in deposing him if it is them. Maybe because he was married to her, and they obviously would have had ups and downs, he could show that even in their worst moments she did not have a history of depression or suicidal tendencies?

Either way I just can't think of a reason why he would be deposed by either side that would provide information relevant to Rebecca's death so I was wondering if anyone had any ideas about it I also think it is most likely the defendants.

 

[screecher]

We don't know if it is the plaintiffs or the defendants, I was just asking what reasons could the plaintiffs have in deposing him if it's them. Either way I just can't think of a reason why he would be deposed by either side that would provide information relevant to this case, so I was wondering if anyone had any ideas about it I also think it is most likely the defendants.

I suppose it could be the plaintiffs, but doubt it. Defendant dina, I surely do imagine her wanting to depose him, she seems to be going to all out in her mission to get any info on Rebecca and Rebecca's family to trash them. Maybe she thinks Rebecca's ex has info on the family's immigration? dina is fixated on it.

Anyone's guess.

 

[screecher]

It wouldn't surprise me if dina attempts to depose the whole Zahau family.

 

[bourne]

I suppose it could be the plaintiffs, but doubt it. Defendant dina, I surely do imagine her wanting to depose him, she seems to be going to all out in her mission to get any info on Rebecca and Rebecca's family to trash them. Maybe she thinks Rebecca's ex has info on the family's immigration? dina is fixated on it.

Anyone's guess.

I'm 100% certain it's Dina who's going after Neil Nalepa. No reason for plaintiff's to since he was Rebecca's ex-husband and they had a peaceful marriage. Neil was not present in California during time of Rebecca's murder. Only Dina, Nina, Adam, Jonah, and of course the murdered victim Rebecca were. The WDS is about Rebecca being heinously murdered. It has to be one of the Dina, Nina, Adam or Jonah. Not someone like Neil who was not physically in CA at the time. The police had very saliently cleared Neil after their investigation.

 

[AZlawyer]

Back in post #94 (this thread) AZLawyer said it seems dina, and Nina were to be deposed in Oct 2015. We know Adam was deposed in Jan of 2015. Seems dina and nina skated on the scheduled depo.

There was never any indication that the depos were actually scheduled for that time--again, it was just the Plaintiffs saying that they planned to take the depos by then. Who knows what the holdup is. But if someone actually didn't show up for a scheduled depo, IMO with this bunch there would be a 100% chance that a Motion for Sanctions would be the next thing in the court file. And we haven't seen one (not for this anyway lol).

 

[K_Z]

Neil and Rebecca appeared to be at least cordial with one another following the divorce. As I recall, Neil was communicating with Rebecca's family after her death, and he also appears to have been in disagreement with the suicide finding right away in 2011. He initiated a petition back then to re-open her case, but it never went anywhere, and it's been closed for 4 years.

My sense is that if the plaintiffs wanted to depose him, he wouldn't request an order of protection, or request to quash the subpoena. It seems pretty certain to me that it's a defendant that wants to depose him-- and I sincerely doubt it is Nina or Adam. Dina is the only one who has really filed much of anything in this case, presumably because she has the means to do so via her umbrella personal liability coverage with Chubb and Sons. It's my opinion that Dina is the one who wants to depose NN. And IMO, NN has been targeted for online harassment by Dina's "kitty" supporters in the past. I hope the motion by NN becomes available to the public.

This is his 2011 statement from his web petition (closed for 4 years):

On Friday, September 2, 2011, the San Diego Sheriffs department closed the case of Rebecca Zahau, determining that Rebecca, according to evidence, had taken her own life. The quickly pushed this decision through despite the fact that the Zahau family and their lawyer presented them with many reasonable objections that warranted that this investigation should remain open until some of the Zahau's questions were answered. Some of the concerns of the family were never even investigated by the SDSD, yet they continued on with the Friday deadline to announce this decision. It is my belief that not only did Rebecca and her family not receive justice that day, but the public was also asked to swallow this information and believe it as well. That is why it is important to let Attorney General Kamala D. Harris know that the public did not accept this decision and would also like to see her re-open the case of Rebecca Zahau, and hold true to her offices mission statement which reads, "Ensure justice, safety, and liberty for everyone".

I'm not going to link the source unless mods say it's ok or needed (it's a petition site that is still up, but closed)-- but it's pretty easy to find. My point in posting this is that he clearly didn't agree with the suicide finding back in 2011.

But I still can't begin to fathom how anything related to NN could help any of the 3 defendants defend themselves from allegations that they murdered Rebecca. It's a fishing expedition, IMO, and more than likely being used to harass NN.

I'm sure he has a good attorney, just as Lisa Luber did, and his OP/ quash subpoena will be granted, as hers was.

 

[screecher]

Most of us have wondered why, if she has an 'ironclad alibi' why hasn't she produced it. It appears defendant dina has no defense, and imo, she knows she's going to trial and realizes she will probably be found guilty. But hey, no $$$$$$$$$$$$$ out of her pocket, her insurance will cover it. And is convinced no criminal trial will ever happen. No skin off her nose. imo, her head isn't into defending herself...she and the few in her camp seem to feel she has no need.


And most all of us have been very puzzled with who dina wants to depose and the questions asked. Beginning with Lisa L. and I doubt very much, ending with NN. We have asked time and time again, why these people and why these questions. There is no rhyme or reason to all her actions. Except if...


defendant dina is writing a book! (a couple of her posters have posted this in these threads more than a couple of times) She's using this WDS and used the one she filed against JS (she really had no expectation to get answers from JS regarding their son's accident) as an avenue to gather information to fill her book, imo.

Nor, imo, has she given a nano-second of thought for her sister or Adam.

Nina Romano, you'd better watch out for yourself, take care of your own court business, otherwise your sister defendant dina is going to throw you to the curb, if she hasn't already.

BOOM BOOM

Just my speculations, people!

 

[bourne]

Most of us have wondered why, if she has an 'ironclad alibi' why hasn't she produced it. It appears defendant dina has no defense, and imo, she knows she's going to trial and realizes she will probably be found guilty. But hey, no $$$$$$$$$$$$$ out of her pocket, her insurance will cover it. And is convinced no criminal trial will ever happen. No skin off her nose. imo, her head isn't into defending herself...she and the few in her camp seem to feel she has no need.

And most all of us have been very puzzled with who dina wants to depose and the questions asked. Beginning with Lisa L. and I doubt very much, ending with NN. We have asked time and time again, why these people and why these questions. There is no rhyme or reason to all her actions. Except if...


defendant dina is writing a book! (a couple of her posters have posted this in these threads more than a couple of times) She's using this WDS and used the one she filed against JS (she really had no expectation to get answers from JS regarding their son's accident) as an avenue to gather information to fill her book, imo.

Nor, imo, has she given a nano-second of thought for her sister or Adam.

Nina Romano, you'd better watch out for yourself, take care of your own court business, otherwise your sister defendant dina is going to throw you to the curb, if she hasn't already.

BOOM BOOM

Just my speculations, people!

The best defense is a good offense...I believe that is Dina's strategy. Deflect, divert, distract, obfuscate -- throw every thing and their kitties on the wall and see what sticks. See how gullible the public is. I believe Dina thinks the public is dumb so she is using her Psychology training to manipulate the public. She figures, hey, it worked for OJ Simpson, why not her? She falsely believes she's smarter...

Also, Dina is hoping the plaintiffs will run out of funds or die. This is why she is stalling and wasting the court and the plaintiff's resources and time. This is also the strategy of guilty people with some money to spare. Hope. Remember Bob Bashara? Talk about insane and self-delusional...In the end he was caught and I'm sure Dina will be too Justice and truth always WINS.

I agree. Her next strategy will be to write a "tell all" book to obfuscate the facts further. Didn't the Kitties say some author was writing one that supports Dina? I think that author fell through because she realized Dina IS the murderer of Rebecca and refused to write falsehoods. So Dina's on her own in her fictional book. I'm certain she'll say it's based on her personal "investigation", in other words, BULLCRAP. :happydance:

Go directly to :jail: Dina. You best prepared soon for a good defense because so far, you've managed to dig yourself into a bigger and bigger murderer's guilt hole.

 

[Imp]

Did you mean defendant, instead of plaintiff, or did I misunderstand?

If I have the count correct, Neil Nalepa makes at least 5, and possibly 6 individuals who have filed for protective orders from Dina-- MZL, PZ (#43 on the ROA), Lisa Luber, Jonah, and potentially XZ, as well (from Dina's comments on the TV & radio interviews about her belief that XZ was responsible for killing Max-- many believe Dina was served with a Child Order of Protection after those comments, as her public attacks against XZ abruptly ceased.)

So sorry - I meant defendant. Thanks K_Z!

 

[K_Z]

Two new documents on the San Diego ROA today, in preparation for the hearing on 2/19.

Zahau memorandum in opposition to Adam's demurrer (11 pages):

https://roa.sdcourt.ca.gov/roa/face...ant_Adam_Shacknais_Demurrer_1454701203440.pdf

Zahau memorandum in opposition to Dina's demurrer (14 pages):

https://roa.sdcourt.ca.gov/roa/face...Demurrer_to_2nd_Amended_Com_1454701204627.pdf

Neil Nalepa's motion for protective order/ quash subpoena is not available to the public at this time.

 

[K_Z]

Oh-- forgot to mention that there is also a scheduling change. It appears that the previously scheduled "motion hearing- civil" for Feb 26 has now been changed to "Motion for Protective Order".

I'm guessing that this is now a hearing specifically related to NNs recently filed (2 days ago) Motion for Protective Order/ quash subpoena. Nice to see that scheduled very promptly!

Previously scheduled future events (1-30-2016):

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
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
02/26/2016 01:30 PM C-69 Motion Hearing (Civil)
03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike
08/05/2016 11:00 AM C-69 Discovery Hearing
01/13/2017 08:45 AM C-69 Summary Judgment / Summary Adjudication (Civil)

And today:

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike - Demurrer
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike - Demurrer
02/19/2016 01:30 PM C-69 Civil Case Management Conference - Complaint
02/26/2016 01:30 PM C-69 Motion Hearing (Civil) - Motion for Protective Order
03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike
08/05/2016 11:00 AM C-69 Discovery Hearing
01/13/2017 08:45 AM C-69 Summary Judgment / Summary Adjudication (Civil)

(I also randomly note that Fridays must be Judge Bacal's regular civil hearing days-- every single hearing is scheduled on a Friday!)