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

^ Even if Dina not being deposed has nothing to do with Mary's refusal to answer questions, it is good to know you have not seen any evidence of Dina attempting to delay her deposition. I believe that is what you stated on the first page of the thread?

Personally, I believe all of the questions that were asked of Mary were very relevant to the case. I find Mary's refusal to answer extremely telling. It furthers my belief that the Plantiffs have absolutely no evidence that anyone other than Rebecca was in the balcony room that night.

JMO
 
^ Even if Dina not being deposed has nothing to do with Mary's refusal to answer questions, it is good to know you have not seen any evidence of Dina attempting to delay her deposition. I believe that is what you stated on the first page of the thread?

I personally think all of the questions that were asked of Mary were very relevant to the case, and I find Mary's refusal to answer extremely telling. It furthers my belief that the Plantiffs have absolutely no evidence that anyone other than Rebecca was in the balcony room that night.

JMO

Yes, I'm still looking for any evidence that Dina has tried to delay her depo.
 
^ Thanks KZ, but hope you did not have to purchase this PDF - I already linked the 145 page file in post #10.
 
In this Motion for an Order Compelling Plantiffs, it is discovered that (my comments in parentheses)

-Pari lets X live with Mary “so she could go to a better school.” (She would let her child live with Mary for that?! That is usually not legal and I f the school finds out, X will not be allowed to attend there anymore.)

BBM and snipped.

Very few of the questions asked by Dina's counsel were constructed or intended to defend Dina against allegations of murder in this wrongful death lawsuit, and are not the kind of questions that could reasonably uncover any evidence that would help defend Dina. Many of the questions are very obviously just adolescent style harassment of MZL for being a plaintiff filing the lawsuit.

Seems to me Dina and her attorney wasted most of their one chance at deposition of MZL on Dina's transparent vendetta against the Zahau family, rather than focusing on a few narrow issues that would help defend Dina. Now they're asking for a "do over" that almost certainly will not be granted in full.

Where XZ lives and goes to school, as only one example, is simply not relevant to any aspect of Dina defending herself against allegations of murder in this wrongful death lawsuit. (Any more than where Max lived or went to school, or his half siblings' living and school arrangement.)

It's obvious from the disputed questions that Dina is still trying to use this case to attack the Zahau family, and broadcast her ideas about how Max died, rather than focus on defending herself from allegations that she killed Rebecca.

I will also add that it sure took a LOT of billable hours from Dina's expensive attorney to put together this latest 145 page motion, that will almost certainly not be granted in full. At best, I could see the judge granting re-questioning on perhaps one or 2 very narrow questions.

Be that as it may, I'd also like to correct a point of error. Your comment below is incorrect.

That is usually not legal and I f the school finds out, X will not be allowed to attend there anymore.)

Missouri is an open enrollment state. Students may cross district lines and open enroll when desired. XZ can go to school where her family determines is best for her.

http://www.ecs.org/html/educationissues/OpenEnrollment/OEDB_intro.asp

Where XZ lives and with whom," and her "relationship" with her family members, etc. is simply not at all a part of Dina defending herself against the murder allegations in this wrongful death lawsuit. I think that is what the Judge will decide, as well. It's an obvious attack on a minor who was not even in the state of California when Rebecca died. Kind of a slimy move, IMO.

It still seems to me Dina is energetically engaged in her "Chicago Cell Block Tango" defense strategy. Bash all of the Zahau family, and continuously insinuate that Rebecca "had it coming". That's not an attractive position for Dina, IMO.

ETA: And I wonder if and when we will hear more about a child order of protection on behalf of XZ against Dina. Maybe at Dina's deposition?
 
^ If anyone has a "transparent vendetta", it is clear by the 68 questions that Mary Zahau refused to answer that it is Mary Zahau. It is also clear that Dina did not know that Max was not going to make it at the time of Rebecca's death.

This is not a musical number in a Hollywood movie, it is a very serious case with very serious charges leveled against innocent people, and no where and at no time has Dina ever said or implied that Rebecca had it coming. Please supply a link if she has.

It is clear that Mary Zahau did not answer the questions because she simply cannot, as it is all a concocted bunch of hooey.

I believe Judge Bacal will compel Mary to answer at least 60 of the questions - which includes all of the questions that Greer objected to on Attorney-Client privilege. AZLawyer has commented that he is incorrect in his arguements on that. I also think the Judge will finely Mary quite HEAVILY.

After seven failed attempts at stating evidence for the WDS, and now Mary's refusal to answer 68 deposition questions - the majority of which directly involve the very heinous allegations that she accuses Dina of - I believe now more than ever that Judge Bacal will dismiss this case and impose heavy monetary sanctions on the Zahaus for filing a case that had no basis in fact.

It is clear to me that Mary won't answer the questions because she can't, as none of what she alleges ever happened. Rebecca committed suicide, just like law enforcement determined.

Kim Schumann argues that "familial relationships and how they were impacted by Rebecca's death may provide Defendant with information into Plaintiff's claims. Further, questioning should be permitted"

"There is no expectation of state compelled privacy interest between mother and daughter. Moreover, Defendant's are being sued for conspiracy to kill Rebecca. Any violent acts against Rebecca are at issue by the claim and Defendant should be allowed to inquire further."

"the husband's involvement in any aspect of investigating Rebecca's death and/or talking to family members about Rebecca's death is at issue given Plaintiffs claim that defendants conspired to kill Rebecca. This information is essential to the defense and the answer should have been permitted."

"Accordingly, the outright refusal to answer this question was improper. This information is relevant and/or reasonably calculated to lead to the discovery of admissible evidence because the decision who to sue and not sue are equally compelling the identity of 'potential defendants' gives Defendant a pool of potential witness and individuals associated with Rebecca who may have knowledge as to Rebecca's state of mind or other relevant facts related to her death. Ms. Zahau-Lochner should be compelled to reappear for her deposition so that Defense counsel can inquire further on this topic."

"Accordingly, the outright refusal to answer this question was improper. This information is relevant and/or reasonably calculated to lead to the discovery of admissible evidence because Plaintiff clearly has some independantlnon privileged grounds upon which the decision was based to seek counsel and name Defendant as a party to her claim. Ms. Zahau-Loehner should be compelled to reappear for her deposition so that Defense counsel can inquire further on this topic."

"Accordingly, the outright refusal to answer this question was improper. This information is relevant and/or reasonably calculated to lead to the discovery of admissible evidence because of the apparent correlation between Max's death and Rebecca's. Max was in Rebecca's care at the time he died. A possible reason for Rebecca's suicide is that Max was in her care at the time. Therefore, further discovery should be permitted as to Plaintiffs knowledge of the circumstances involving Max's death as they may provide information into Rebecca's state of mind. Ms. Zahau-Loehner should be compelled to reappear for her deposition so that Defense counsel can inquire further on this topic."

As to Mary's refusal to state anything at all about who is a witness to the HORRIFIC acts SHE accuses Dina and the other Defendants of, the law states, "A party may not refuse a discovery request to identify potential witnesses simply because that information passed between attorney and client."

I believe if an order of protection is granted it will be for Dina Shacknai and issued to Solo Zahau, whom, from the questions asked, appears to have directly threatened Dina with violence at some point. I certainly hope she has some sort of protection from this family that seems to have such blind, angry, hate for this Mother that lost her child due to Rebecca's negligence.

Almost all of the questions that posters proposed in the past thread that Dina be asked at her deposition, were petty and vindictive, and had nothing to do with the actual allegations, yet Dina, who is accused of conspiring to murder someone isn't suppose to have answers about the allegations against her???!!!

Again, Mary and her slime-bag lawyer did not - and could not - answer her deposition questions because the answer would be, "We made them up in an attempt to make money off of Rebecca's victim's."

JMO
 
This is the whole 145 page file, for item #227 on the San Diego ROA:

Separate Statement of Disputed Questions and Answers in Support of Motion to Compel

https://roa.sdcourt.ca.gov/roa/face...isputed_Questions_and_Answe_1445362468069.pdf

And as a reminder, this Friday, Oct 23, 2:30 pm is the scheduled hearing for Oral Arguments in the Maricopa County case. I think that is going to be pretty interesting.

Thanks for the link, K_Z! Absolutely it is going to be interesting...wonder if the ex-mrs. jonah shacknai will even be present, I bet not lol.
 
Gee, If Dina didn't know how serious Max's injuries were that Monday evening, how is it that the daughter of Dina's boyfriend (at the time) did? If one is to believe LuLu2, this teen made up a story about Max being brain dead and posted it........which I don't believe for a second. She was told/overheard conversations about Max's conditions. IMO.
 
I have never written that ANY teen made up a story about Max being dead and then posted it.
 
Gee, If Dina didn't know how serious Max's injuries were that Monday evening, how is it that the daughter of Dina's boyfriend (at the time) did? If one is to believe LuLu2, this teen made up a story about Max being brain dead and posted it........which I don't believe for a second. She was told/overheard conversations about Max's conditions. IMO.

This is a very important fact and one that I suspect Dina has no way of weaseling out of. Pure and unadulterated motive to murder Rebecca for revenge IMO. Darn those kids and their social media lol.
 
Lucky, in answer to your comment that "....no where and at no time has Dina said or implied that Rebecca had it coming", to that I would respond that just prior to Rebecca's death LE overheard Rebecca say that Dina is going to kill me for Max's accident or something to that effect. Rebecca's off-the-cuff comment certainly expressed in Rebecca's mind how Dina felt about Rebecca.

And how chillingly prescient that was of Rebecca not realizing at the time it would come true IMO.
 
Gee, If Dina didn't know how serious Max's injuries were that Monday evening, how is it that the daughter of Dina's boyfriend (at the time) did? If one is to believe LuLu2, this teen made up a story about Max being brain dead and posted it........which I don't believe for a second. She was told/overheard conversations about Max's conditions. IMO.

This is a very important fact and one that I suspect Dina has no way of weaseling out of. Pure and unadulterated motive to murder Rebecca for revenge IMO. Darn those kids and their social media lol.

It's been a long while since we discussed the reality of what Max's injuries were, the difficult resuscitation and airway management, and half hour or so of cardiac arrest at the scene. The EMS thread has a lot of very objective information and large scale outcome studies of pediatric head trauma with cardiac arrest at the scene, if anyone wants to re-read some of the posts.

http://www.websleuths.com/forums/showthread.php?185699-Max-Shacknai-EMS-Report

Max was a beautiful child, healthy, athletic, and energetic-- and very loved and appreciated by everyone who encountered him. It is tremendously tragic and wrenchingly sad that his young bright life ended so abruptly with the long fall and devastating head and spinal cord trauma. But no amount of wishing will change the facts of his injuries, and the prognosis of what those injuries presented in the earliest hours after heart resuscitation at Coronado, and admission to Rady's PICU. The harsh facts are that Max suffered devastating head trauma and very high spinal cord trauma from a fall of nearly 10 feet onto the upper part of his forehead and the top of his head. He had a 7 1/2 inch sagittal skull fracture-- that is simply enormous in a child of his age and size. That violent trauma caused his cardiac arrest. And that asystolic cardiac arrest went on for nearly 30 minutes. A half hour of complete cardiac arrest. The brain simply doesn't survive that unless it's a very young baby who drowns, or a hypothermic situation. Max was dead when he hit the floor and went into complete arrest. It was his heart that was resuscitated a half hour later. Read the outcome studies. These kids just don't survive this. They are considered potential organ donors from the earliest hours of admission.

Dina and Nina, in their early comments and interviews completely omitted all of the neuro and post resuscitation medical issues with head and spinal cord trauma, and tried to present a scenario of a "heart attack", as though the head trauma were simply incidental, rather than the cause of his cardiac arrest. Then they both went to extreme efforts, with Dina actually posting Max's EMS record as a public document on the internet, in an effort to implant the idea that Max would have been just fine and recovered completely "if only" Rebecca had REALLY started CPR "within 2 minutes" at the scene (remember that 2 minute CPR thing Dina and Nina were stuck on? Completely without any medical factual basis).

Never mind that the EMS record that Dina herself posted on the internet for the public, unequivocally shows exactly what was going on in the desperate minutes after EMS arrived, and the very difficult time the EMS crew had managing Max's situation.

So difficult was the EMS crew's situation with securing Max's airway, and the ongoing aystolic cardiac arrest, that skilled and experienced EMS techs had to divert to Coronado for advanced help, instead of going directly to the level one pediatric trauma center at Rady Children's Hospital. (And privately the EMS crew most likely thought at that point CPR would be stopped in the ER, and Max would be pronounced dead at Coronado.) But we are to believe Dina that Rebecca should have been better able to handle Max's resuscitation at the scene than EMS and Coronado hospital?? Really? Does that sound even the slightest bit logical or rational to anyone but Dina?

The medical literature is absolutely definitive about the outcomes of pediatric cardiac arrest at the scene, as a result of blunt head or chest trauma. This is fatal in 99 to 100% of all of the cases. (And some of the studies in the EMS thread have over 10,000 pediatric trauma cases, so these are very large studies.) Added to that, several of the studies are authored by docs from San Diego Children's Hospital-- so to suggest or even imply that pedes neurosurgeons and ICU intensivists were "puzzled" about Max's condition, or that they didn't know almost immediately what his injuries were, or his prognosis, is tremendously disingenuous. Or continuing denial.

Both Dina and Jonah were given lots and lots of information about Max's condition and prognosis-- of that I'm 100% sure. Whether Dina accepted that information as true is another discussion all together. Certainly a mother can be forgiven for being in shock and denial in the earliest hours and days after such a tragedy-- but persistent denial years later, indicates something else is going on mentally, emotionally, and psychologically for her, IMO.

IP, I also agree that the only way that Dina's then-BF daughter would have come to the conclusion Max was "brain dead" and going to die, is that she overheard adult conversation, or was told this directly.
 
Rebecca saying, "Dina is going to kill me", is something anyone would have said about any child's mother under the circumstances. It is extremely unlikely that Rebecca meant that literally, and in no way reflects on what Dina was feeling. At the time Rebecca said that, Dina did not even know yet about Max's fall. Surely no one is suggesting that Rebecca was a mind reader?

Rebecca was with police. If she was TRULY afraid that Dina was " going to kill her", she could have asked for police protection. She could have gone home with Xena. She could have stayed at a hotel. She could have begged Jonah to let her stay with him at Ronald McDonald house, or to hire a security guard to be at the mansion if he refused to see her.

Instead, I believe her statement if further proof she was trying to set up Dina for murder, which she did by pulling off her angry, strange suicide while poor little Max was brain dead in the hospital and Jonah and Dina only focus was on him. She must have really hated Dina, and really been hurt by Jonah's refusal to be with her that Tuesday night to do what she did.

Rebecca changed her story about what happened to Max many times, but in each she said she immediately started giving him CPR after she heard the crash, and Medical personnel arrived within 5 minutes of her call. However, the doctors at Rady's thought he had gone at least 20 to 30 minutes without air.

I believe what we have learned opinions of the Doctor's that actually examined Max about his condition and what they found. They also felt so strongly about his injuries that they called Child Protective Services to investigate. People here are always free to speculate, but the expert opinion of those that actually treated Max is what will be used in Court.

No one besides Dina, Jonah, and the doctors know what they were told and when they were told about Max's condition. From the questions Mary Zahau defiantly refused to answer, it is pretty darn clear Dina Shacknai did not know Max was going to die until after Rebecca's suicide.

Perhaps Dina's boyfriend said something to his daughter, but no one here has any proof that Dina ever said anything to her, and to say SHE told the girl Max was going to die is unfounded and just opinion, unless you have a link.

Does anyone have a link that shows the girl was in Coronado and spoke to Dina that Monday? Or spoke to her by phone? I think it is highly unlikely given the circumstances and emergency situation that the girl EVER spoke with or was around Dina that day.

And the fact remains that Jonah seems to have given a statement that Dina did NOT know Max's sad prognosis until after Wednesday morning.

He would know.

I doubt that Dina is still in denial about Max's prognosis. I would imagine that burying your sweet, innocent 6-year old child made it perfectly clear his injuries were fatal.

The Zahaus have no evidence at all. if this type of thing is all Mary can come up with, her Case against these innocent people is doomed.

JMO
 
Gee, If Dina didn't know how serious Max's injuries were that Monday evening, how is it that the daughter of Dina's boyfriend (at the time) did? If one is to believe LuLu2, this teen made up a story about Max being brain dead and posted it........which I don't believe for a second. She was told/overheard conversations about Max's conditions. IMO.

Precisely! Ding-ding-ding! You hit the nail on the head, IP! :)

No child would post something so specific and devastating like Max is "braindead" unless Dina or another adult whom child trusts as authority figure directly and in verbatim stated that. As I recall, the child also mentioned other things happening to Max that only someone like Dina or someone close to Dina would know.

In addition, there are *medical records* which explicitly would state *when* and *what the content* of the doctors' information to Dina were on Monday and throughout Max's hospitalization. No way she can weasel her way out of being "ignorant" of Max's medical status that Monday and Tuesday preceding Rebecca's heinous, depraved murder.
 
Dina has been busy! Four new documents filed by Dina on the San Diego ROA-- this time, Doug Loehner and XZ are the targets. #228, 229, 230, 231.

And as a reminder, tomorrow, Oct 23, at 2:30 pm is the oral arguments in the Maricopa county case. I think there is a very good chance that case will be dismissed, or found in Jonah's favor. Dina is required by court order to pay $28,000 in fines and fees by 2:30 tomorrow.

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Doug_P_Lo_1445568050507.pdf (25 pages)

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Xena_Zaha_1445568051366.pdf (21 pages)

https://roa.sdcourt.ca.gov/roa/face...isputed_Questons_and_Answer_1445568052725.pdf (39 pages)

https://roa.sdcourt.ca.gov/roa/face...upport_of_Motion_to_Compel__1445568053053.pdf (19 pages)
 
Dina has been busy! Four new documents filed by Dina on the San Diego ROA-- this time, Doug Loehner and XZ are the targets. #228, 229, 230, 231.

And as a reminder, tomorrow, Oct 23, at 2:30 pm is the oral arguments in the Maricopa county case. I think there is a very good chance that case will be dismissed, or found in Jonah's favor. Dina is required by court order to pay $28,000 in fines and fees by 2:30 tomorrow.

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Doug_P_Lo_1445568050507.pdf (25 pages)

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Xena_Zaha_1445568051366.pdf (21 pages)

https://roa.sdcourt.ca.gov/roa/face...isputed_Questons_and_Answer_1445568052725.pdf (39 pages)

https://roa.sdcourt.ca.gov/roa/face...upport_of_Motion_to_Compel__1445568053053.pdf (19 pages)

Thank you as always, K_Z, for providing this forum with the legal documents. Your commitment to justice for Rebecca is unwavering.

So, okay, I get it. As our legal system is structured, the accuser is on "trial" rather than the accused. So what's new about that? Nothing.

When the h*ll is Dina going to get deposed? FGS, come forth with your alibi, Dina. With the legal manuevering and minutiae, the focus of this case intentionally has been and will apparently be sidetracked perpetually now for how many years?

An open letter to Dina Shacknai: If you are innocent of murdering Rebecca Zahau, then present your defense! Good grief it is so fricken apparent there is no defense for you as your legal focus is everywhere but on the facts of where you were that night.

Or shall I rephrase that to say that your insurers are going to do everything humanly possible to divert the ultimate question of where you were the night Rebecca was so apparently brutally and cruelly murdered. After all, insurance companies must mitigate their liability as a public company and pursue a defense even if the insured is blatently guilty. Just IMO.
 
Thank you, KZ. I'm confused by the motion for XZ. Several times it refers to XZ's 911 call when finding REBECCA's body. What's that about?
 
Thank you, KZ. I'm confused by the motion for XZ. Several times it refers to XZ's 911 call when finding REBECCA's body. What's that about?

Yes, I caught that as well. There are a number of typos and errors in these documents, as in earlier documents from the Schumann firm. For months Kim Schumann referred to Pari Zahau as a man (imagine that level of carelessness from a man named Kim!), and had other errors and typos. I have to wonder who proof reads these documents before they are submitted. I'd be kind of upset if I had paid large amounts of money to a lawyer for documents with errors. Pretty embarrassing for the Schumann firm.

In this document, three times it is referred to as XZ finding Rebecca's body, in relation to the 911 call. I'm trying hard to conclude that this is just "garden variety sloppiness and carelessness", because I'm pretty incredulous that such a high powered law firm would intentionally confuse the 911 call from Max's fall made by XZ (which is NOT a part of this case), with the 911 call made by Adam after finding Rebecca's body (which IS a part of this case). It will be pretty easy to establish that XZ was not even in California when Rebecca died and her body was discovered by Adam Shacknai, a defendant.

But then again, maybe Dina and her attorneys want to confuse the 911 call issues. She has been trying to "try Max's case" in THIS case from the beginning. So maybe I'm naïve, and it really IS a slimy defense tactic to accuse and attack a minor (who was clearly not in California when Rebecca died), and try to imply the teenager is responsible for Max's death, and then was the one who found Rebecca dead and called 911. Defense attorneys have been known to do some pretty awful and unethical things, KWIM? GMAB.

So which is it? Is the Schumann firm and their client Dina careless and sloppy, or are they trying to unjustly frame and nastily attack a teenager who wasn't even in the state of California when her sister was found hanged?

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Xena_Zaha_1445568051366.pdf

111. Miss Zahau's call to 911 when she found Rebecca (See, Separate Statement issue no.3);

(iii) Miss Zahau's call to 911 when she found Rebecca (See Separate Statement issue no.
7 3)

Here, the events of the 911 call are not privileged at Defendant's counsel should be permitted
21 to inquire further as the 911 call pertained to Rebecca's death and Defendant is accused of being
22 involved in the death of Rebecca.

And twice in the other document:

https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Xena_Zaha_1445568051366.pdf

(iii) Miss Zahau's call to 911 when she found Rebecca (See Separate Statement issue no.
7 3)

Here, the events of the 911 call are not privileged at Defendant's counsel should be permitted
21 to inquire further as the 911 call pertained to Rebecca's death and Defendant is accused of being
22 involved in the death of Rebecca.

Oh-- and all that stuff in the documents about XZ using the computer and accessing "the websites"-- let's all remember that "the websites" being referred to by Attorney Schumann were accessed AFTER XZ left the state of California. The night Rebecca died. He knows that. So does Dina.

Is that a sloppy error too? Or another attempt to confuse, attack, and be nasty?
 
Will Whitten throw the ex-mrs jonah shacknai in jail for contempt if/when she doesn't pay up today?
 

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