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

[K_Z]

Why didn't the Zahau's do a WDS against Jonah?

Snipped by me.

Probably because they don't think he is responsible for the death of Rebecca.

And they aren't just looking for money in the deepest pockets, IMO.

 

[screecher]

I also doubt XZ's and Doug's depositions began and ended at the exact same time on the exact same day.

Page 10- https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Xena_Zaha_1445568051366.pdf

On January 22, 2015 , Mr. Schumann appeared and took the deposition of X*** Zahau ("Miss Zahau").

During Miss Zahau's deposition which began at 10:52 a.m. and ended at 12:36 p.m., Plaintiffs' counsel, CURTIS K. GREER ("Mr. Greer") interposed numerous objections with instructions not to answer.

Page 13- https://roa.sdcourt.ca.gov/roa/face...tion_Testimony_of_Doug_P_Lo_1445568050507.pdf

On January 22, 2015, Mr. Schumann appeared and took the deposition of Doug E. Loehner ("Mr. Loehner").

During Mr. Loehner's deposition which began at 10:52 a.m. and ended at 12:36 p.m., Plaintiffs' counsel, CURTIS K. GREER ("Mr. Greer") interposed numerous objections with instructions not to answer.

IIRC, (admittedly, my recall sometimes isn't very good lol) somewhere here it is posted the ex-mrs jonah shacknai did some questioning herself. :scared:

 

[kittychi]

Yes, and why did he have the mansion remodeled so quickly? The remodel destroyed evidence. Personally, I think he's got a lot of info but he's being smart to just stay silent.
Not so pro Jonah here. We both have the same questions and seem to agree about something for once........

Gilgamesh and SweetT, I have those same questions for JS too. Also...why did he pretend to sell the mansion when he really owned it all along? That was some pretty fancy real estate deed shuffling to end up with the deck the same as it started. Just to keep anyone from getting back in to do more investigating, IMO.

I have always thought he could put an end to a LOT of questions. I think he has been silent for only one reason and that is because he doesn't want the "scandal" to negatively impact his very lucrative and successful career. I think he knows everything. He knows why Nina needed HIS car, he knows if DS was at the hospital or not, he knows if he really made that phone call, he knows who painted the door, he knows where the rope came from, he knows whose panties those were in the trash that they didn't test. IMO he is a lot responsible for this having been a slip shod, half *advertiser censored**ed investigation in the first place.

IMO the Zahaus had two reasons for not going after Jonah for a WDS: #1 They really do believe Dina is the murderer #2 Jonah is so legally sophisticated and deeply connected, he would have been able to wriggle out of it somehow. This way, they can get in the side door. I think it was a brilliant move and the only one that has any possible way of getting them to the truth.

I really hope they do get the truth.

IMO

 

[Inparadise]

IIRC, (admittedly, my recall sometimes isn't very good lol) somewhere here it is posted the ex-mrs jonah shacknai did some questioning herself. :scared:

In a deposition, only the attorneys are permitted to ask questions. As a defendant (as was Dina in this case), if you are present in the room, you must sit quietly and not say a word. If you have something to communicate with your attorney, you write on a piece of paper and pass it to him/her.

 

[Inparadise]

I have the same questions for JS too. And why did he pretend to sell the mansion when he really owned it all along? That was some pretty fancy real estate deed shuffling to end up with the deck the same as it started.

I agree, have always thought he could put an end to a LOT of questions.

IMO the Zahaus had two reasons for not going after Jonah for a WDS: #1 They really do believe Dina is the murderer #2 Jonah is so legally sophisticated and connected, he would have been able to wriggle out of it somehow. This way, they can get in the side door.

IMO

Funny thing, there has never been any deed recorded regarding the sale of Spreckels.........Jonah still owns the place, or rather his trust does.

 

[screecher]

Snipped by me.

Probably because they don't think he is responsible for the death of Rebecca.

And they aren't just looking for money in the deepest pockets, IMO.

No one witnessed him being there and also, he was seen on the discs from RADY.

I'm puzzled why the question was even asked? hmmm.....

 

[K_Z]

Actually JS from day one has been high on my guilty list and remains so. Having said that, though, I believe he knows exactly what happened to Max that day and Rebecca's murder (IMO) followed not to his bidding but through his manipulation of events and others. I do believe Dina did it though she was also manipulated.

I believe his children were present at Max's accidental death, they were quickly shuttled away from the scene and Rebecca truly didn't see the accident. She was told to keep quiet on who all was there and she complied. After the accusations started flying from Dina, she told Jonah she was not going to take the rap on Max's fall and then became a huge liability to JS protecting his kids.

I do believe Max died purely accidentally but the "story" spiraled out of control. Yes, the all-powerful JS has skated IMO. I am in full agreement with you on that.

Simply my opinion.

That's extremely close to what I believe, too.

I believe Max's death was purely accidental, and that the story spiraled out of control, with the wrong person/ people accused.

I also question if the older teens were present and/ or involved with some horseplay, and Jonah has been shielding them all along, at Rebecca and X's expense. Maybe the older teens were there, maybe not. I'd like to know for sure. Either way, I'm convinced there was never any malice or intent in Max's fall, whether witnessed, or not--it was truly a horrible, tragic accident. And I think Dina wants someone to pay for that, literally and figuratively.

I'd be interested to know who bought Max the scooter, did he use it inside at Dina's house along with other outside toys Dina described Max using inside, and if both of his parents knew he used the scooter inside and upstairs near the stairs in the Spreckles mansion. What were the house rules on having, and using, the scooter inside the house? That was a serious accident waiting to happen, IMO. Both parents, IMO, appeared to be pretty permissive and indulgent. IDK.

It doesn't really matter anymore how Max fell, except that Rebecca, IMO, was killed as retribution for Max's fall. And that isn't resolved yet.

 

[K_Z]

No one witnessed him being there and also, he was seen on the discs from RADY.

I'm puzzled why the question was even asked? hmmm.....

To shift attention off Dina (and the other defendants), to someone else? That's my guess.

I'm referring to the deposition question, by the way. If the best a defendant can come up with is "how come you didn't sue someone else?" they don't have a lot to discuss in their defense. IMO.

 

[bourne]

BBM



BINGO!!!

Do you suppose she agreed because JS offered to drop his lawyers fees she was ordered to pay? And pay her fines Whitten put in place?

Do you think he would even entertain any of that? Intially, I thought he might (cause its just pocket change to him) just to be done with her. But now I'm thinking maybe she's still stuck with it all, didn't pay up and now in jail for contempt of court lol.

I don't believe Jonah offered to drop lawyer fees. I believe Dina was compelled by the Judge to drop the suit. The Judge likely told Dina, "Listen you, you have NO proof whatsoever that Jonah or Rebecca or anyone else intentionally caused harm to Max, if you don't drop the suit, you will just be wasting the court's time and your own money. So drop the suit!"

 

[kittychi]

Regarding the "Stipulation for Dismissal with Prejudice" in the Maricopa County case, that should be followed, probably Monday, with an Order for Dismissal" by the Judge. IIRC, sometimes that's just a form with check boxes for who will pay the attorney fees, and sometimes that is a more explantory written order from the Judge. We'll see.

Because of the lead up to yesterday, Jonah's requests for dismissal with prejudice, and the repeated court orders that Dina wasn't following and ignoring, I think it's safe to assume Dina did not voluntarily offer to withdraw her case. Nor do I think it's even possible that she and Jonah agreed on any kind of "settlement". I think this dismissal comes fom the Judge. He did officially warn her several times that if Dina continued to refuse to cooperate with the court, in the case SHE filed as Plaintiff, the sanction of dismissal was going to be given.

Here's a brief explanation of dismissal, using AZ statutes: (BBM)

http://definitions.uslegal.com/s/stipulated-dismissal/



I think because of her behavior in the case, ignoring deadlines, ignoring court orders, etc., that Dina as Plaintiff will be ordered to pay Jonah's attorney fees and court costs, in addition to the fees, costs, and fines she has already been ordered to pay. Those don't go away just because the case is dismissed. I wouldn't be surprised if there are other fines as well.

Suing Jonah for the wrongful death of their son was a huge mistake for Dina, IMO. Just another expensive example of the extremes she goes to when she's being vindictive. Not exactly rational behavior, IMO.

Quite frankly, I think Dina could have gotten the money she wanted out of Jonah if she had sued him for wrongful death of Max due to the stair railings in the mansion being unsafe, or not up to code. His insurance would have likely quickly settled that case for $$$$, even though there was an outside toy scooter involved in Max's fall.

BBM: Yes, oops! But then she wouldn't have been able to stick with her narrative that Rebecca murdered her son. Ooooh!

 

[K_Z]

Yes, kittychi-- but, you see, that could have been a real winning strategy for Dina. A "win-win" for her for BOTH wrongful death suits--effectively deflecting attention away from herself.

*The "substandard railing" WDS she filed would have very likely been settled by Jonah's insurance-- $$ in Dina's pocket. It might have even settled during the Zahau case progress--even better for Dina, both financially, and from an image perspective.

*She could have had a pretty good defense strategy for the Zahau WDS-- all she would have to say is that she harbored no ill will against Rebecca, and she had no idea how or why she died. That she, as Max's mother, was grateful to Rebecca and her teenage sister for all of their help for her son after the accident, and that she was sure the substandard railing was to blame for his terrible fall and death. And that she had filed a lawsuit against Jonah with those exact allegations.

If she had taken THAT kind of tactic, and refrained from accusing Rebecca and her sister for months on end, I think her media circuit tour about being so "confused" as to why the Zahau's filed a lawsuit against her, accusing Dina of killing Rebecca in a vindictive manner, could have been a lot more credible to the public. KWIM? And Dina could have been widely viewed as a sympathetic and gracious person, instead of the pretty negative image she has now.

But it's far too late for that strategy.

Her continued open vindictiveness against Rebecca, dead in her grave for 4 years now, and toward all of Rebecca's family, only makes Dina appear more and more guilty of causing Rebecca's death, IMO. A jury might see it that way, too, if the case makes it to a jury trial.

 

[*Lash*]

Completely agree, Lash.

Dina filed 229 pages of motions October 13 alone. If the average for all of those pages was only $225 hour to research, prepare, and file, and there were only 200 billable hours involved, that could be $45,000 for just those 229 pages. Or more, if my estimates are low.

And Dina is willing to waste her money on frivolous questions such as who paid for XZ's cell phone, why did XZ live with Mary to go to school, had XZ re-listened to a 911 call from Max's fall, did DL help his wife find an attorney, what kind of relationship does XZ, a young teen, have with her mother, how often does she spend time with her mother, etc etc etc. Frivolous harassment, IMO. Just like Dina's very inappropriate attempts to get immigration details on the Zahau family.

None of that is going to help Dina defend herself, or show how Dina didn't kill Rebecca. It's just harassment, plain and simple, IMO. The judge won't allow those kinds of questions to be asked again, IMO.

Neither XZ nor DL were even in the state of California when Rebecca died. I doubt that the judge will require either of them to re-appear for another deposition.

None of that is compelling ENOUGH for Dina's defense, or could reasonably lead to new evidence, to require them to reappear, IMO.

Why would Dina not spend her money on Max's WDS instead of a case where she allegedly has an alibi?

Dina's representation and activity in the two cases are very different. No representation vs plenty? No motions vs an over abundance? Could it be because an insurance company is paying her legal fees in the Zahau WDS? The money isn't coming out of her pocket so to speak?

Then again, Dina's defense is noticeably very different from the other defendants in the Zahau WDS. Adam and Nina are quiet compared to Dina. Why so different? Adam listed an insurance company. Of course we don't know the terms of their policies.

 

[Gilgamesh]

Why would Dina not spend her money on Max's WDS instead of a case where she allegedly has an alibi?

Dina's representation and activity in the two cases are very different. No representation vs plenty? No motions vs an over abundance? Could it be because an insurance company is paying her legal fees in the Zahau WDS? The money isn't coming out of her pocket so to speak?

Then again, Dina's defense is noticeably very different from the other defendants in the Zahau WDS. Adam and Nina are quiet compared to Dina. Why so different? Adam listed an insurance company. Of course we don't know the terms of their policies.

Lash. Why might an insurance company cover Dina's costs? I don't understand. Thanks in advance

 

[K_Z]

Lash. Why might an insurance company cover Dina's costs? I don't understand. Thanks in advance

I'm not Lash, but here's some info that might explain better.


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

Very wealthy people often have insurance policies that cover lots of "what ifs", because they don't want to be sued for frivolous things simply because they have deep pockets.

After Dina's divorce windfall, which we now know from public documents was in excess of $10 million in assets (not including the house), she was likely advised to put in place one of these policies with substantial coverage for all sorts of bothersome eventualities. What Lash is referring to, is that we don't know what the limits or conditions of that kind of policy is for her situation, but it's pretty clear that Nina and Adam don't have that kind of policy protecting them. And Dina has listed a high power insurance firm on her court documents.

And that's another reason a firm like the Schumann firm would keep Dina on as a client, even though they seem to be doing pretty sloppy and careless work in the motions they research, prepare, and file for her. Her "deep pockets" (insurance limits) are not yet empty. IMO, of course.

So, that kind of policy would probably cover some of the expenses for Dina in the Zahau lawsuit, but not the one SHE filed that is being dismissed with prejudice. Those costs, penalties, and fines are hers to bear. Jonah's insurance would likely cover him for being sued frivolously, but his insurance company would obviously want the Plaintiff, Dina, of the dismissed suit to bear those costs.

Dina is acting as if money is no object in the Zahau case, but had great difficulty retaining counsel and cooperating with the progress of the case in the suit she filed.

I think Dina is cash poor, but still has a few things like insurance resources and the house.The assets she still has likely can't be easily or quickly turned into liquid cash. JMO.

 

[Gilgamesh]

I'm not Lash, but here's some info that might explain better.


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

Very wealthy people often have insurance policies that cover lots of "what ifs", because they don't want to be sued for frivolous things simply because they have deep pockets.

After Dina's divorce windfall, which we now know from public documents was in excess of $10 million in assets (not including the house), she was likely advised to put in place one of these policies with substantial coverage for all sorts of bothersome eventualities. What Lash is referring to, is that we don't know what the limits or conditions of that kind of policy is for her situation, but it's pretty clear that Nina and Adam don't have that kind of policy protecting them. And Dina has listed a high power insurance firm on her court documents.

And that's another reason a firm like the Schumann firm would keep Dina on as a client, even though they seem to be doing pretty sloppy and careless work in the motions they research, prepare, and file for her. Her "deep pockets" (insurance limits) are not yet empty. IMO, of course.

So, that kind of policy would probably cover some of the expenses for Dina in the Zahau lawsuit, but not the one SHE filed that is being dismissed with prejudice. Those costs, penalties, and fines are hers to bear. Jonah's insurance would likely cover him for being sued frivolously, but his insurance company would obviously want the Plaintiff, Dina, of the dismissed suit to bear those costs.

Dina is acting as if money is no object in the Zahau case, but had great difficulty retaining counsel and cooperating with the progress of the case in the suit she filed.

I think Dina is cash poor, but still has a few things like insurance resources and the house.The assets she still has likely can't be easily or quickly turned into liquid cash. JMO.

Thanks. KZ. You thoroughly explained what I was wondering about. I'm sure that others are appreciative as well. Thank you for taking the time.

 

[K_Z]

I wanted to add that if someone has an umbrella policy that is paying their legal bills in a lawsuit in which they are named as a defendant, it is very important that the premium payments are paid every month, on time. Because that coverage could be withdrawn rather suddenly if a customer fell behind in payments, etc.

In fact, for someone in Dina's current circumstances, paying those monthly premiums is probably far more important than paying some pesky court ordered $28,000 penalties and fines on time. If one was cash poor, and in those circumstances, it will take a long time, months to years, for the court system to come after her for the penalty fees. Umbrella insurance could be gone in a matter of days or weeks if the premiums aren't paid on time.

 

[Inparadise]

I wanted to add that if someone has an umbrella policy that is paying their legal bills in a lawsuit in which they are named as a defendant, it is very important that the premium payments are paid every month, on time. Because that coverage could be withdrawn rather suddenly if a customer fell behind in payments, etc.

In fact, for someone in Dina's current circumstances, paying those monthly premiums is probably far more important than paying some pesky court ordered $28,000 penalties and fines on time. If one was cash poor, and in those circumstances, it will take a long time, months to years, for the court system to come after her for the penalty fees. Umbrella insurance could be gone in a matter of days or weeks if the premiums aren't paid on time.

Just thinking out loud here........if Jonah were paying the premiums, what easier way to "shut her down" than by not paying in a timely manner.........sort of hanging her out to dry so to speak IMO.

 

[SweetT]

Just thinking out loud here........if Jonah were paying the premiums, what easier way to "shut her down" than by not paying in a timely manner.........sort of hanging her out to dry so to speak IMO.

Hopefully she wont have been stupid enough to let that happen.

 

[K_Z]

Regarding our earlier discussion about Dina's insurance covering her legal fees for the Zahau case (in which Dina is a named Defendant), but NOT covering her legal fees for the Maricopa county case in which Dina is the Plaintiff-- Dina has listed Chubb and Sons in her documents for the Zahau case.

http://www.chubb.com/personal/content/products/excess_liability/personal_excess.html

You don't have to be a millionaire to be sued like one. That's why excess liability coverage - often called an umbrella - should be an important part of your portfolio.

Our policy provides a number of important coverages:
•Bodily injury
•Property damage
•Libel and slander
•Legal fees

We will defend you against any suit seeking covered damages, even if the suit is groundless, false or fraudulent.

http://www.chubb.com/personal/content/resources/chubb_coverage/excess_liability_coverage.html

An Excess Liability policy from Chubb offers broad coverage and limits ranging from $1 million to $50 million:

Property Damage and Bodily Injury: Coverage applies in the event that you are liable for someone being injured on your property.

Personal Injury: Chubb includes this important coverage which applies to situations such as lawsuits involving accusations of libel, slander, or negligent infliction of bodily injury.

Defense Costs: Chubb covers the cost to defend a lawsuit, even if it is groundless, false or fraudulent. Chubb will provide legal counsel with coverage for all expenses incurred. In most states, there is no cap on this coverage.

BBM, and red color by me.

 

[LuckyLucy2]

Aa

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



And twice in the other document:

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





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?

Do you have a link that shows what time XZ left Coronado? The *advertiser censored* was searched for in the last 24 hours of Rebecca's life. XZ left in the afternoon, so that time is within the 24 hours, AFAIK.