Wrongful Death Suit filed Nov. 13, 2013 in California

[*Lash*]

There are two different cases:

- The, IMO, fradulent case of Zahau vs. Shacknai and Romano, being heard by the Honorable Judge Bacal.

- The federal case of Zahau vs. SDSO, being heard by the Honorable Judge Whelan.

Hi LuckyLucy2!

We almost agreed on something until I noticed you used the word fraudulent.

 

[Carioca]

Hi Lash ~ Thanks so much for brilliantly summarizing the 3 motions in your post above! Kudos.

Hi LuckyLucy 2 ~ Please correct me if I'm misunderstanding. Both cases I'm referring to are indeed Estate of Rebecca Zahau v. Shacknai et al, as per attached. Neither is Zahau vs County of San Diego. Have also attached the Case Summary 3:13-cv-01624-W-NLS for which the Hon. Thomas J. Whelan is presiding, which clearly states who the defendants are:

Case: 3:13-cv-01624-W-NLS
Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding
Date filed: 07/12/2013
Date of last filing: 08/29/2014
Plaintiff: Estate of Rebecca Zahau
Defendant: Adam Shacknai
Defendant: Dina Shacknai
Defendant: Nina Romano
Defendant: Does 1 through 50, inclusive

Case: 37-2013-00075418-CU-PO-CTL
Estate of Rebecca Zahau vs. Shacknai
Judicial Officer: Katherine Bacal
Filing Date: 11/13/2013
Plaintiff: Estate of Rebecca Zahau
Defendant: Adam Shacknai
Defendant: Dina Shacknai
Defendant: Nina Romano

 

[LuckyLucy2]

IANAL, and confess am confused as to why the case is being heard by 2 different judges: Hon. Thomas Whelan, Senior Judge of the United States District for the Southern District of California, and Katherine A. Bacal, Judge, Superior Court of San Diego County.

Snipped for brevity.


Carioca, if what you stated above was correct, Whelan is the Senior Judge of the United States District for the Southern District of California. That means he would hear FEDERAL cases, not San Diego. And as far as I know, he cannot preside over both courts.

Perhaps the Zahau's filed the federal case against the SDSO under the same name of Zahau vs. Shacknai and Romano?

The last dated document clearly states that Judge Bacal is presiding over the San Diego case.

 

[time]

Thank you Carioca for providing the motions. Much appreciated!

All 3 motions are asking for a dismissal based on several different reasons. One reason appears in all 3 wherein the defendants focus on the Medical Examiners report mentioned in the SAC. The Zahau's reference the report in the SAC for the purpose of showing Rebecca's TOD. The defendants claim if the Zahau's are going to use this report than the whole report must be entered as fact including the ME's ruling on the COD and MOD. Basically, the defendants are stating the Zahau's cannot cherry pick the evidence in the ME report. One of the defendants even use the word cherry pic in their motion to dismiss.
.

<pardon my snipping for brevity>

First off, I'll admit I don't really understand all that is going on with these motions/documents..... however, I do find it odd that the defendants appear to be claiming the Zahaus are cherry picking. Why the heck would they be filing a suit if they agreed with it all. I just don't see where it is the Zahau's responsibiity to include the entire report but it's obvious that it was ruled a suicide and they think it is a homicide. The defendants can do that later if they want, can't they? IDK, it just seems their objections are a moot point.

 

[time]

Hi time ~ No idea who the other "friend" is, or was... But one would think that if the twins had such air-tight alibis, then why have their attorneys spent the last year filing motions to dismiss based on technicalities? Surely the defendants would have coughed up at least one solid alibi each. Sure would have saved them truck loads worth of attorney fees, let alone clear their names. Go figure... The only one with a solid alibi in this whole sordid affair is Dina's cell phone.:thinking:

Well I agree... And, I'd love to hear what the people have to say who were at Dina's house.

 

[Ausgirl]

Jonah and the panties, panties not tested. Jonah and the vm, vm was never heard. Adam's inconclusive polygraph, second polygraph not given. Nina's statement, SDSO did not even check her alibi nor did they follow up with her canceled polygraph.

Adam, allegedly the last person to see Rebecca alive, allegedly the person to find her hanging, the person who was administered a poly w/an inconclusive result...SDSO never requested Adam's phone records. Nina, admitted being on the property and texting Rebecca. SDSO never requested Nina's phone records. Rebecca's, Jonah's and Dina's phone records were the only 3 requested. We also cannot overlook the fact it took over 30 days before SDSO even opened Rebecca's phone. What about that voicemail? It took over 30 days before a warrant was requested to obtain the 3 phone records of RZ, JS and DS.

rsbm

Taking all personal opinions out of it, and just standing back a bit to look at this set of facts alone... When you take into account that the scene of Rebecca's death was so highly unusual, and had elements of a possible homicide. AND the case involves a bunch of people with a very clear cause for motive, it's just.. alarming.

And leads to immediate questions of who had friends where. I can't understand any body of LE acting in such a manner, unless they had a reason for neglecting obvious and important elements of the investigation.

 

[*Lash*]

Hi bourne ~ These are simply excerpts I quoted from the docs filed...

Interesting that the Hon. Judge Whelan reopened the case in July :happydance: :

3:13-cv-01624-W-NLS
Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding
Nita L. Stormes, referral
Date filed: 07/12/2013
Date of last filing: 08/29/2014
Jurisdiction: Diversity
Reopened: 07/08/2014

Flag: REOPEN

RBM - Carioca, I am taking this to mean the federal case was reopened this year on 7/8/2014? As well the date of last filing mirrors the states. The federal case involves the diversity issue, maybe something changed regarding the diversity concern? TIA

 

[bourne]

My question is why the attorneys representing DINA and NINA are resorting to technicalities when all they had to do from the get go was to call in witnesses for both of them??

I agree Carioca. All these continual legal wranglings would be nil if Dina and Nina simply ask their eyewitnesses (friends, nurses, medical staff, etc.) to give their testimony that they saw Dina and Nina at Dina's house and/or the hospital during the same timeframe Rebecca was murdered.

How easy would that be to counteract Zahau's civil suit?

The fact that Dina and Nina haven't produce the eyewitness testimonies speaks VOLUMES that they have NO solid alibi during the time Rebecca was murdered. And I believe it's because the twins are Rebecca's torturers and murderers. Hence, the twins have been resorting to legal technicalities to get the case dismissed.

 

[bourne]

RBM - Carioca, I am taking this to mean the federal case was reopened this year on 7/8/2014? As well the date of last filing mirrors the states. The federal case involves the diversity issue, maybe something changed regarding the diversity concern? TIA

Lash, I thought the diversity jurisdiction issue was resolved when the Zahaus brought the case to the local level in CA?

 

[bourne]

rsbm

Taking all personal opinions out of it, and just standing back a bit to look at this set of facts alone... When you take into account that the scene of Rebecca's death was so highly unusual, and had elements of a possible homicide. AND the case involves a bunch of people with a very clear cause for motive, it's just.. alarming.

And leads to immediate questions of who had friends where. I can't understand any body of LE acting in such a manner, unless they had a reason for neglecting obvious and important elements of the investigation.

Agreed. I think there was definite bias on part of LE for the wealthy POIs vs. the poor "babysitter/girlfriend" Rebecca. Unfortunately wealth seems to trump justice in many cases. People with money, power and influence tend to be able to buy their way out of difficulties often even at the expense of a dead murdered victim.

 

[bourne]

Hi Lash ~ Thanks so much for brilliantly summarizing the 3 motions in your post above! Kudos.

Hi LuckyLucy 2 ~ Please correct me if I'm misunderstanding. Both cases I'm referring to are indeed Estate of Rebecca Zahau v. Shacknai et al, as per attached. Neither is Zahau vs County of San Diego. Have also attached the Case Summary 3:13-cv-01624-W-NLS for which the Hon. Thomas J. Whelan is presiding, which clearly states who the defendants are:

Case: 3:13-cv-01624-W-NLS
Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding
Date filed: 07/12/2013
Date of last filing: 08/29/2014
Plaintiff: Estate of Rebecca Zahau
Defendant: Adam Shacknai
Defendant: Dina Shacknai
Defendant: Nina Romano
Defendant: Does 1 through 50, inclusive

Case: 37-2013-00075418-CU-PO-CTL
Estate of Rebecca Zahau vs. Shacknai
Judicial Officer: Katherine Bacal
Filing Date: 11/13/2013
Plaintiff: Estate of Rebecca Zahau
Defendant: Adam Shacknai
Defendant: Dina Shacknai
Defendant: Nina Romano

Looks to me that Judge Whelan is presiding over the WDS as well...according to Case: 3:13-cv-01624-W-NLS in which he officiated over the 9/8/2014 filing of Zahaus' response to motions for dismissal by Dina, Adam and Nina (Doc #42-44).

 

[*Lash*]

Lash, I thought the diversity jurisdiction issue was resolved when the Zahaus brought the case to the local level in CA?

Same here Bourne! But after further research the federal case is showing reopened! Cause is Diversity and Personal Injury. IANAL and I have no idea what this means. I did notice it was reopened the same day the Second Amended Complaint was entered.

There are 3 different cases:

37-2013-00075418-CU-PO-CTL Estate of Rebecca Zahau et al vs Shacknai
Katherine Bacal, presiding

PENDING
http://courtindex.sdcourt.ca.gov/CISPublic/namesearch

37-2013-00047752-CU-MC-CTL Par vs County of San Diego
Randa Trapp, presiding

DISMISSED
http://courtindex.sdcourt.ca.gov/CISPublic/namesearch

3:13-cv-01624-W-NLS Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding

REOPENED

 

[Betty P]

Same here Bourne! But after further research the federal case is showing reopened! Cause is Diversity and Personal Injury. IANAL and I have no idea what this means. I did notice it was reopened the same day the Second Amended Complaint was entered.

There are 3 different cases:

37-2013-00075418-CU-PO-CTL Estate of Rebecca Zahau et al vs Shacknai
Katherine Bacal, presiding

PENDING
http://courtindex.sdcourt.ca.gov/CISPublic/namesearch

37-2013-00047752-CU-MC-CTL Par vs County of San Diego
Randa Trapp, presiding

DISMISSED
http://courtindex.sdcourt.ca.gov/CISPublic/namesearch

3:13-cv-01624-W-NLS Estate of Rebecca Zahau et al v. Shacknai et al
Thomas J. Whelan, presiding

REOPENED

Should we ask one of the WS legal professionals to give us an opinion?

 

[Frigga]

Should we ask one of the WS legal professionals to give us an opinion?

YES!

Please!

Gitana or AZLawyer, but of course Gitana has the added benefit of understanding California law!

 

[*Lash*]

I made a post in the lawyer thread...

http://www.websleuths.com/forums/sh...-for-VERIFIED-LAWYERS&p=10987730#post10987730

 

[Ausgirl]

Same here Bourne! But after further research the federal case is showing reopened! Cause is Diversity and Personal Injury.

I would really like to see the majority of threads re-opened in this case... If there's still an open court case, I cant see why relevant threads regarding the question of suicide vs murder must remain closed.

There's some posts I'd like make, and having just two threads open is really frustrating!! I feel like I'm continually off topic, but there's nowhere more specific to post..

 

[*Lash*]

I would really like to see the majority of threads re-opened in this case... If there's still an open court case, I cant see why relevant threads regarding the question of suicide vs murder must remain closed.

There's some posts I'd like make, and having just two threads open is really frustrating!! I feel like I'm continually off topic, but there's nowhere more specific to post..

I would also like to see the threads reopened. However, I do understand there are so many threads in Rebecca's case it is likely difficult to moderate. Especially considering the passionate posters following this case and posts tend to get heated. We could ask if maybe one general new thread could be created so we could discuss suicide vs murder?

 

[Ausgirl]

We could ask if maybe one general new thread could be created so we could discuss suicide vs murder?

That would be awesome!

 

[Salem]

Tell me, in a nutshell kind of way, and with a link or two please, what the new information is, please. Depending on that new information, I will discuss with Management and consider opening a new thread or two.

Thanks,

Salem

PS -- maybe alert the post also, so I will come are check it out.

 

[LuckyLucy2]

Hi Salem,

I'm curious why this thread is filed under "Unsolved Feature Cases" when it has been ruled a suicide since Sept. 2011? Thanks!