Estate of Rebecca Zahau et al v. Shacknai et al

[*Lash*]

I'm wondering if the CONTENT of a message intended for Rebecca could be considered personal property? Or the message itself-- is an electronic transmission or a voice mail recording considered personal property?

Because I'm wondering if the deleted voicemail purportedly from Jonah that no one ever heard could be considered property that was destroyed by the defendants? Also, the text message from Nina?

I agree. I was thinking the same thing. IMO, the alleged VM from JS would be considered personal property and maybe there is evidence proving one of the defendants deleted the message.

ETA - and since Rebecca's cell phone has yet to be returned to Rebecca's family, could the phone have been damaged, along with her computer and cameras?

ETA - I am feeling optimistic with the Zahau's recent response. There are a few areas in the SOF where the attorneys allege they have proof.

 

[K_Z]

Second Cause of Action, page 6, items 26-30 -

In my opinion, in number 30 the plaintiffs are definitely alleging premeditated murder was committed by ALL 3 defendants. If I am understanding correctly number 27, it appears Rebecca was aware the defendants were about to carry out their threats. Did someone warn Rebecca that the defendants planned to murder her? Anyone have an opinion on number 27?

This is pretty straightforward and direct, too:

General Allegations/ Statement of Facts

14. Each of the Defendants named herein were present at the location where the murder of REBECCA occurred and all of them actively participated in the planning, implementation, execution and subsequent concealment of the scheme to murder REBECCA.

Bold by me

http://www.websleuths.com/forums/attachment.php?attachmentid=38773&d=1384237874

We know Nina says she was at the mansion, outside, not touching the gate, wearing her new yoga pants and carrying her pink Coach wristlet.

We know Adam was on the property staying in the guesthouse.

But DINA claims to have been at the bedside at Rady ICU, and not observed on any security cameras, according to Sheriff Gore, right? We know Dina's CELL PHONE has an alibi for being in the vicinity of Rady, since the LE investigators had to resort to triangulating her cell phone to establish a "proxy" for her location.

The Zahau complaint is not shying away from saying they believe Dina was clearly AT the mansion actively planning and participating in Rebecca's murder. They listed this under "Statement of Facts", so my thoughts are that they intend to prove this. That is very significant language, IMO.

 

[K_Z]

I don't recall ever hearing Rebecca had a life insurance policy that would have needed to be provided to the funeral home as payment. Plus a pending or suicide ruling would not be accepted by a life insurance claims adjuster. So why was it necessary to issue the DC with a pending manner of death? Do funeral homes need a DC for burial?

BBM. Yes.

http://www.sdcounty.ca.gov/me/faqs/faq.html

 

[*Lash*]

Rebecca's autopsy was dictated on 7/14/2011, transcribed on 7/15/2011 and then revised on 9/2/2011.

The 'death' section of the ME's investigative report states the following:

Medical Examiner's jurisdiction invoked according to the California Government Code 27491: Death due to known or suspected homicide.

Autopsy -
http://www.scribd.com/mobile/doc/64114521

 

[*Lash*]

This is pretty straightforward and direct, too:



Bold by me

http://www.websleuths.com/forums/attachment.php?attachmentid=38773&d=1384237874

We know Nina says she was at the mansion, outside, not touching the gate, wearing her new yoga pants and carrying her pink Coach wristlet.

We know Adam was on the property staying in the guesthouse.

But DINA claims to have been at the bedside at Rady ICU, and not observed on any security cameras, according to Sheriff Gore, right? We know Dina's CELL PHONE has an alibi for being in the vicinity of Rady, since the LE investigators had to resort to triangulating her cell phone to establish a "proxy" for her location.

The Zahau complaint is not shying away from saying they believe Dina was clearly AT the mansion actively planning and participating in Rebecca's murder. They listed this under "Statement of Facts", so my thoughts are that they intend to prove this. That is very significant language, IMO.

RBBM - Isn't it peculiar Nina's attorneys allege in their 'memorandum to support the motion to dismiss' that there are no allegations that Romano was anywhere near the premises at the time of Rebecca's death?

 

[Myvice]

I check this site several times a day for updates. I'm not much of a sleuth so I sooo appreciate the efforts of all of you. Half the time I can't even get my thanks button to work so you can see how limited my sleuthing abilities are, haha.

Anyway, thanks for all you do! Justice for Rebecca!

 

[IQuestion]

RBBM - Isn't it peculiar Nina's attorneys allege in their 'memorandum to support the motion to dismiss' that there are no allegations that Romano was anywhere near the premises at the time of Rebecca's death?

I find all of this interesting...AS, DRS & NR's attorneys are going to be billing a lot of hours. It appears "mincing words" is part of their defense..."near the premises at the time of death" vs "left the premises BEFORE the time of death." ME Lucas' (love the description brash:blushing estimated time of death had a 2 hour corridor!
The other thought I had was DS could have gone over to the property during the time RZ was transporting people to and from the airport. But, since there is an EYEWITNESS who can place DS at/on the property on that night.....it doesn't really matter what her hired attorneys claim.
They are going to have to provide irrefutable proof DS never left the hospital....hmmmm guess Rady's will have to cough up the surveillance tapes after all?

 

[K_Z]

RBBM - Isn't it peculiar Nina's attorneys allege in their 'memorandum to support the motion to dismiss' that there are no allegations that Romano was anywhere near the premises at the time of Rebecca's death?

BBM

"At the time of Rebecca's death" is the qualifier. I think Nina's attorneys will argue that yes, she was "there", but not "there at the time of Rebecca's death". Nina says she was "there" at around 10-11 pm. The ME put TOD at 3:00 am.

Would be interesting to know if anyone saw Nina leave and return from the G street home where she was staying.

Oh, and we can't forget about the bicycle Dad and family who saw a woman he identified as definitely resembling Dina (not Nina) pacing in front of the mansion door. That's a pretty interesting eye witness, IMO, because Dina and Nina looked nothing alike in 2011, their hair was different colors, and they are different heights and builds. I think there is a good chance Bicycle Dad will be a plaintiff witness for deposition, if the case gets that far.

Another thought.

If, as AZlawyer says, that Dina and Rebecca both being AZ residents destroys diversity for federal filing, when will that be addressed? I noticed that the amended complaint went to detail again about the MO residency of MZL, and Rebecca's parents. Did they "drop" the estate of RZ as a plaintiff to avoid dismissal on diversity? The "Estate of RZ" language used to be first on the list of plaintiffs. Now it reads "RZ, deceased, through her personal representative..." The "Estate of RZ is now 3rd on the list, after the Estate of Robert Z. deceased. I'm not sure if that order of wording is significant or not.

Anyone know?

 

[K_Z]

Jinx, IQuestion!
You owe me a coke! :floorlaugh:

GMTA (Great minds think alike, lol!)

 

[MaybeNotToday]

How many times can the complaint be amended? It's like the defendant's lawyers told the plaintiff's lawyer's how to change it to make it a viable complaint. And then voila, new complaint with revisions.

I can't WAIT to see the responses to this revised complaint. This is better than Days of our Lives

 

[bourne]

How many times can the complaint be amended? It's like the defendant's lawyers told the plaintiff's lawyer's how to change it to make it a viable complaint. And then voila, new complaint with revisions.

I can't WAIT to see the responses to this revised complaint. This is better than Days of our Lives

One would reasonably conclude as many times as the defendants re-file motions to dismiss. I hope the Judge sees through all the BS motions to dismiss and lets the case go forward in trial.

I also can't wait for the murderers to be convicted and punished to the fullest. Not just :jail: Do not pass go. Capital punishment in CA.

God bless the Zahaus. RIP Rebecca and Max.

 

[bourne]

RBBM - Isn't it peculiar Nina's attorneys allege in their 'memorandum to support the motion to dismiss' that there are no allegations that Romano was anywhere near the premises at the time of Rebecca's death?

Yep. Nina's argument makes no sense whatsoever. :scared:

 

[K_Z]

Amended complaint ordered stricken 11/12/13; complaint is dismissed.

View attachment Complaint dismissed 11-12-13.pdf

CONCLUSION & ORDER

In light of the foregoing, the Court hereby: (1) STRIKES Plaintiffs’ Amended Complaint (Doc. 17); (2) GRANTS Ms. Romano’s and Mr. Shacknai’s motions to dismiss (Docs. 4, 8), and DISMISSES WITHOUT PREJUDICE Plaintiffs’ complaint in its entirety; and (3) TERMINATES AS MOOT Ms. Shacknai’s motion to dismiss (Doc. 13). If Plaintiffs wish to file an amended complaint, they must request leave from the Court or obtain written consent from Defendants in accordance with Federal Rule of Civil Procedure 15(a)(2). The Clerk of the Court shall close this case. IT IS SO ORDERED.

DATE: November 12, 2013
HON. THOMAS J. WHELAN
United States District Court Southern District of California

Sad, but we pretty much knew this was coming. Dismissed for exceeding the time to file the amended complaint-- not dismissed over the diversity issue. Pretty sad to see it dismissed over missing a filing deadline. The lawyers should have been all over that, IMO.

 

[K_Z]

Order striking the amended complaint

View attachment Stricken amended complaint.pdf

 

[coastal]

Order striking the amended complaint

View attachment 38803

Well damn. Damn, damn, damn, damn.
Damn.

Damn.

Thank you, K_Z.
I agree. These lawyers should go back to school. [modsnip].
What a shame.

 

[Inparadise]

Well damn. Damn, damn, damn, damn.
Damn.

Damn.

Thank you, K_Z.
I agree. These lawyers should go back to school. Or to church, maybe.
What a shame.

[modsnip]..........what a disgrace!

 

[IQuestion]

Amended complaint ordered stricken 11/12/13; complaint is dismissed.

View attachment 38802




Sad, but we pretty much knew this was coming. Dismissed for exceeding the time to file the amended complaint-- not dismissed over the diversity issue. Pretty sad to see it dismissed over missing a filing deadline. The lawyers should have been all over that, IMO.

Wow, KZ...I'm getting that "I wish I hadn't read that" sinking feeling again.
If one of the
defendants shares citizenship with one of the plaintiffs, complete diversity does
not exist.
and Consequences of Filing in the Wrong Court
....dismissal for lack of jurisdiction may be only an inconvenience if you have time to refile the lawsuit in the proper court, but if the time limit to file your case (the statute of limitations) runs out before you can do this, your court-picking mistake may mean that the defendant can have your lawsuit thrown out permanently
http://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal-29884.html
I have a difficult time understanding a lot of the legal technical issues, but I have read in Federal courts time limits and written reports are more important than arguing before a jury? (I believe most docs can be filed by computer in the late hours of the night if necessary....)

 

[*Lash*]

KZ, I really had a hard time 'thanking' your post considering the news is just too disheartening. Rebecca was robbed of a full life [modsnip]. Rebecca had so much more to offer this world than the sick people who took her life.

I believe Maxie's death was completely accidental. He too was robbed. I am sure Maxie loved his mother and Dina was the luckiest mom in all the universes. Dina raised an intelligent and loving little man. I cannot help to think Maxie would not want Rebecca's murderers to get off scot free. [modsnip].

 

[bourne]

Amended complaint ordered stricken 11/12/13; complaint is dismissed.

View attachment 38802




Sad, but we pretty much knew this was coming. Dismissed for exceeding the time to file the amended complaint-- not dismissed over the diversity issue. Pretty sad to see it dismissed over missing a filing deadline. The lawyers should have been all over that, IMO.

Wow, just read the order. Thanks for sharing it.

Yep, deplorable how the Zahau lawyers did not abide by deadlines. Wonder why...

First the diversity jurisdiction issue. Now expired deadlines...Seems like they're extremely incompetent and unprofessional. [modsnip]
On a positive note, at least the Judge dismissed the case without prejudice. So the Zahaus are free to file again.

What ever happened to the ex-prosecutor Fleck who was advocating for the Zahaus earlier this summer? Why isn't he on these lawyers like white on rice?! :banghead:

 

[bourne]

KZ, I really had a hard time 'thanking' your post considering the news is just too disheartening. Rebecca was robbed of a full life [modsnip}. Rebecca had so much more to offer this world than the sick people who took her life.

I believe Maxie's death was completely accidental. He too was robbed. I am sure Maxie loved his mother and Dina was the luckiest mom in all the universes. Dina raised an intelligent and loving little man. I cannot help to think Maxie would not want Rebecca's murderers to get off scot free. [modsnip]

Agree. Especially since Max loved Rebecca too. [modsnip] Dina and Jonah apparently physically and verbally fought a lot in Max's presence. That's a horrifically traumatizing influence on little Maxie. He likely associated violence and screaming shouts and sudden bursts of rage from Dina, whereas from Rebecca, he experienced sports and fun and peace -- just as Jonah's friend had described Rebecca and Jonah's relationship.