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

Discussion in 'Rebecca Zahau Nalepa' started by bessie, Oct 13, 2015.

  1. bessie

    bessie Administrator Staff Member Administrator Moderator

    Messages:
    31,702
    Likes Received:
    31
    Trophy Points:
    0
    Continue here.
     
  2. Loading...


  3. K_Z

    K_Z Verified Anesthetist

    Messages:
    6,389
    Likes Received:
    10
    Trophy Points:
    38
    Thank you, Bessie! The old thread was taking a really long time to load.

    Thanks for a fresh, clean thread! :)
     
  4. Betty P

    Betty P Well-Known Member

    Messages:
    6,554
    Likes Received:
    987
    Trophy Points:
    113
    Thanks, Bessie!

    From the previous thread, IANAL, but it appears discovery hearings are a time when the judge reviews the discovery process to date, to see if all rules have been followed, etc. It's also a time when many civil cases are settled, once both sides have the opportunity to review the products of the discovery process. If the plaintiffs choose to proceed with a trial, it moves to that phase, no? That's why hearings are scheduled in February, they're the first steps in moving towards the trial phase. I'm sure AZLawyer can explain it better.

    So far, the case is moving along in the standard way.

    I suppose the next question will be whether Dina will participate in her deposition before the Nov. 6 hearing or if she will try to use other delaying tactics at that time. It will also be interesting to see if any of the parties move towards an out of court settlement after the Nov. 6 hearing.

    Questions for AZLawyer (apologies in advance if you've answered these before):

    Will the discovery hearing be public?
    Will any information from the discovery process be revealed at that time?
    Is it possible for any of the defendants to engage in any further tactics to stall the case and if so how would the judge likely view such efforts?

    Thanks, again, for all your kind assistance and expertise!
     
  5. AZlawyer

    AZlawyer Verified Attorney

    Messages:
    7,778
    Likes Received:
    29
    Trophy Points:
    48
    I think the "discovery hearing" in this case was scheduled to address a specific discovery motion that was filed. I don't believe it will be a general review of the discovery progress or compliance. I also don't think it is a likely opportunity for settlement discussions.

    The case will go to trial if it doesn't settle and is not resolved as a legal matter on motions. The hearing in February was scheduled to hear argument on summary judgment motions, but as far as I know none have been filed yet. The judge won't hear summary judgment arguments unless someone files a motion.

    I keep hearing people say that Dina is delaying her deposition, but I don't know where that came from. Does anyone have a link for that?

    To answer your questions:

    Yes, the discovery hearing should be public.

    I doubt the public will learn much about the substance of discovery from that hearing. Both parties already know everything about the discovery, and the judge doesn't need to know unless it relates to a pending motion.

    Again, I'm not sure what you mean by "further" tactics to stall, because I haven't seen anything to suggest there has been any stalling thus far.
     
  6. Jessica2012

    Jessica2012 Member

    Messages:
    375
    Likes Received:
    0
    Trophy Points:
    16
    Thank You So Much AZlawyer for sharing your expertise:) I would never understand the legal aspects of these cases otherwise:) I really appreciate you.
     
  7. Betty P

    Betty P Well-Known Member

    Messages:
    6,554
    Likes Received:
    987
    Trophy Points:
    113
    Thanks, AZLawyer, for your reply.

    The stall tactics I was referring to had to do with Dina's earlier attempts to ask RZ's family to answer a long list of questions before giving her deposition. I'm getting ready to leave for a trip out of town, so don't have time to go back and retrieve some of the other problems encountered earlier this year, but I recall there was at least a couple of other attempts to slow down or stop the process.
     
  8. AZlawyer

    AZlawyer Verified Attorney

    Messages:
    7,778
    Likes Received:
    29
    Trophy Points:
    48
    Hmmm, I remember something about a dispute about interrogatories (the questions you mention), but not about Dina's deposition being delayed due to that dispute.
     
  9. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

    Messages:
    2,405
    Likes Received:
    0
    Trophy Points:
    0
    HI AZlawyer, is there a time limit by which Dina and Nina have to give their depositions? Adam had given his a long long time ago...

    I'm wondering what the hold up is? How does this deposition process work? Must the plaintiffs be subjected to numerous interrogatories by the defendants before the defendant to the WDS give their depositions?
     
  10. AZlawyer

    AZlawyer Verified Attorney

    Messages:
    7,778
    Likes Received:
    29
    Trophy Points:
    48
    There may be a time limit, but I haven't seen any comprehensive scheduling order in this case. Certainly I haven't seen anything to suggest that the time limit has passed, or that Dina or Nina's depositions were ever noticed. If they had been noticed and Dina/Nina didn't show up, we would have seen a motion from the plaintiffs. If they had been noticed and Dina/Nina wanted to delay, we would have seen a motion from the defendants. Basically, I don't see why we've concluded that there is any "hold up" at all.

    Normally, interrogatories seek knowledge from the person to whom they are sent, so taking the deposition of the person who sent them wouldn't be of much help in answering the questions. So unless the judge has set up the scheduling order this way, there's no reason one of those things would have to happen first.
     
  11. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    IMO, it appears the delay in Dina's deposition is connected with Mary Zahau's refusal to answer the deposition questions that were asked by Dina's lawyer, and Kim Schmann filed a Motion for an Order Compelling Plantiff, submitted 10/13/2015:

    TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
    PLEASE TAKE NOTICE that Defendant, DINA SHACKNAI ("Defendant"), submits this Separate Statement pursuant to California Rules of court, Rule 3.1345 in support of her concurrently-filed Motion for an Order Compelling Plaintiff, MARY sun ZAHAU-LOEHNER ("Ms. Zahau-Loehner"), to Answer to Defendant's deposition questions.

    On January 23,2015, Ms. Zahau-Loehner was produced for deposition, pursuant to a Notice of Deposition, and examined by counsel for Defendant. Ms. Zahau-Loehner was represented by counsel, Keith Greer.

    During the deposition, Ms. Zahau-Loehner was instructed over 68 times not to answer based on either the attorney-client privilege, attorney work product protection, the marital privilege, and/or the right to privacy. The objections and instructions were improper as set forth in the moving papers and herein:

    In this Motion for an Order Compelling Plantiffs, it is discovered that (my comments in parentheses)

    -Rebecca did not tell Mary about her shoplifting arrest. (Didn’t Mary state in the media that Rebecca told her everything?)

    -Z only sees her Mother, Pari, every 2nd weekend

    -Pari is 55, so would have been a child of 14 or so when she married a man almost 30 years her Senior.

    -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.)

    -It appears Mary told Pari that Neil once tried to strangle Rebecca.

    -Jonah paid for the Zahaus hotel in Coronado after Rebecca’s suicide. (They first seemed to blame Jonah for Rebecca’s death so why would they take money from him?)

    -Mary says she thought about suing Jonah.

    -Mary took Rebecca’s phone out of the country, which is considered tampering with evidence.

    -Rebecca never told Mary about Jonah and Dina’s altercations when they were divorcing, which leads me to believe Jonah never told Rebecca. (as much as Rebecca seemed to like to gossip about Dina to Mary, it's logical to believe he did not tell her).

    -From the questioning, it seems obvious that Dina did not know Max was fatally injured when Rebecca committed suicide, and it appears Jonah gave a statement stating such.

    JMO

    https://roa.sdcourt.ca.gov/roa/face...isputed_Questions_and_Answe_1445284635524.pdf
     
  12. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    Questions and Answers from The Order to Compel Plantiff.

    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)


    Did you talk to him (i.e. her brother) about posting this kind of photo on Facebook? (Him refers to her brother, Solomon) (LL2- Goes by “Solo”)

    Answer: Awhile back, yes. I talked about posting anything on Facebook, period.

    And what did you tell him about posting this photo with him with a handgun pointed at the camera?

    Mary - Refusal to answer

    Who is in control of running the case, the case that we're here for as between you family members?

    Statement by Counsel Greer:
    Object, that's going to invade attorney-client privilege.

    How can it be attorney-client privilege? Who between -- who between the family members are running it?

    Statement by Counsel Greer: Because that's going to be --I am going to make the decision about who I'm going to be talk talking to about which different things, and I make that decision. I'm running the show. be talk talking to about which different things, and I make that decision. I'm running the show. Because that's going to be --I am going to make the decision about who I'm going to be talk talking to about which different things, and I make that decision. I'm running the show.

    You -- you can't run the decision of who between the family members is running it.

    Statement by Counsel Greer: I decide who runs it. They don't.

    Who--

    Statement by Counsel Greer: And that would disclose who I am contacting and who I'm dealing with and who I'm deciding I talk to the most; so it's attorney-client privilege and I instruct her not to answer.

    Okay. So who approved the various statements that your lawyers have made in the press, you or your mom?

    Answer: The lawyers did.

    The lawyers approved it themselves? You were not any -- you didn't have any part in approving what they said in the press?

    Answer: We discussed it with them; so we didn't make--

    Did you approve for your lawyer to say in public that my client had killed your sister?

    Mary - Refusal to answer
     
  13. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)


    Did Rebecca ever tell you that she was busted for shoplifting?

    Answer: No.

    Question: Have you heard about it until today?

    Answer: I'm not answering that question

    When did you first find out that she had been arrested for shoplifting?

    Mary - Refusal to answer

    Okay. And why did you take over the guardianship of Xena?

    Mary - Refusal to answer

    When you filed for the guardianship of Xena, what was the basis?

    Statement by Counsel Greer: I object to this as right of privacy and instruct her not to answer.

    I mean we're talking about two plaintiffs in this case --

    Statement by Counsel Greer: You have –

    Pari and Mary?

    Statement by Counsel Greer: You have -- you had three: You have the father's estate, Mom who's alive, and the estate of Rebecca; and -- and Mary is the representative for Dad's estate and Rebecca's estate.

    Correct, but if there are certain things in the guardianship filings that relate to her capacity to be a plaintiff, I need to know. I'm entitled to told know what's in that guardianship filing.

    Statement by Counsel Greer: That pertains to whose? Mary's standing as a representative? Xena is not a party.

    Correct. Pari is.

    Statement by Counsel Greer: Oh. Okay. Let's take a short break.



    When you filed for the guardianship of Xena, what was the basis?

    Statement by Counsel Greer: Okay. And that's -- answer it. You can.

    Answer: I thought guardianship was the same as power of attorney. I only have power of attorney. I don't have guardianship.

    Statement by Counsel Greer: And the power of attorney is for who?

    Answer: For my mom and dad.

    Statement by Counsel Greer: Okay.

    Question: So you don't have guardianship over Xena?

    Answer: No.

    Question: Okay. Then why does she live with you?

    Answer: Because we live in a better school district, and we want them to go to the better school.

    Question: How old is your mom?

    Answer: My mom was born in '59; so she would be 55 this year. No, hold on. Yeah, 55 this year.

    Question: Why does Xena only see her every other weekend?

    Answer: She sees her -- she used to see her every weekend. She did -- sees her now every other weekend on an average because Xena has a job now. She's 16 years old; so she works on weekends.

    Is their relationship strained?

    Answer: No.

    Is it a good relationship?

    Answer: I think so.

    You haven't discussed it with Xena?

    Answer: We talk about it if she has -- Greer instructs her not to answer further and she does not.
     
  14. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)


    Are you aware of any investigators that work for this case, for you?

    Mary - Refusal to answer

    Did you two discuss whether it was appropriate for him (i.e. her husband) to meet with your --with Xena and Joey?

    Mary - Refusal to answer

    Have you ever told your mother that Neil (Rebecca's ex-husband) tried to strangle Rebecca?

    Mary - Refusal to answer

    Why did you not sue Jonah?

    Mary - Refusal to answer

    Did you ever think about suing Jonah?

    Mary - Refusal to answer

    Do you still believe that Jonah should have protected Rebecca?

    Mary - Refusal to answer

    What evidence do you have as a plaintiff that you believe prove that my client killed Rebecca?

    Mary : I know Dina hates Becky, so -- and that was a fact for the entire time she was dating Jonah. There was frequent issues with it. Becky would frequently call me because there were incidents, such as school programs where Max would want Becky to go and Dina didn't want Becky to go, and issues about that. Dina lost temper several times. Apparently, at school she was trying to hurt Becky. I don't know to what extent, but I was not there. And the day Max fell, the first thing Becky said was that "Dina's going to kill me. I don't know what I'm going to do. Dina is going to kill me." And I will never forget that.

    "Is this the first time you've ever heard that Dina and Jonah were told by the medical providers that Max probably had a heart attack had a heart attack and that's why he fell?"

    Mary: Yes.

    You do not -- you have never heard or seen anything wherein the doctors describe or explain that their initial belief was that he had a heart attack?

    Mary - Refusal to answer

    When you filed this lawsuit, did you know or attempt to investigate and find out when, in fact, Dina realized that or was informed by doctors of his actual medical condition?

    Mary - Refusal to answer

    What factual investigation did you do before you decided to sue my client?

    Mary - Refusal to answer

    Are you aware of any witnesses that you believe will be able to testify to the claim that my client hit your sister?

    Mary - Refusal to answer

    So you -- is it correct that you decided to file this lawsuit solely based upon those opinions (i.e. that her sister would not commit suicide given that Max was doing better, she had to stay strong for Jonah and she would see her Dad in a couple of months)?

    Mary - Refusal to answer
     
  15. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)


    As you sit here today, are you aware of any witnesses who will testify that any of the defendants were present with Rebecca at the house after midnight on the morning that she was found?

    Mary - Refusal to answer

    Do you have any evidence or know of any witnesses who place any of the three defendants at the house within six hours of Rebecca's death?

    Mary - Refusal to answer

    Did you ever ask your husband to do any investigation due to his access as a police officer?

    Mary - Refusal to answer

    So the complaint alleges that my client struck Rebecca multiple times on her head
    with a blunt instrument, correct? What evidence do you have to support that allegation?

    Mary: No, I'm not answering the question.

    Okay. Do you understand that if I have to go to court and file a motion to compel and if it should be granted, that you will have to be deposed again and that the court could issue sanctions that you would have to pay, which could include all of the attorneys' time and airfare? Do you understand that?

    Mary: Yes.

    And you're still not going to answer?

    Mary: No
     
  16. AZlawyer

    AZlawyer Verified Attorney

    Messages:
    7,778
    Likes Received:
    29
    Trophy Points:
    48
    LL2, thank you for posting that. I didn't have time to go through all the pages right now--was there something in there about a request to delay Dina's depo?
     
  17. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)

    You also allege that my client physically restrained Rebecca, true? What evidence do you have to support that allegation?

    Mary - Refusal to answer

    The complaint alleges that my client gagged Rebecca. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    The complaint claims that my client assisted in binding Rebecca's hands behind her back with a rope. What evidence do you have to support that allegation?

    Mary refuses to answer questions on page 5, A – J, and page 6, K through M.

    On page 6, line 18, it says that each of the defendants named herein were present at the location where the murder of Rebecca occurred and all oft hem actively participated in the planning, implementation, execution, and subsequent concealment of the scheme to murder Rebecca. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    On page 7 of your first amendment 14 complaint, it states that on the evening of July 12,2011, Dina aggressively confronted the decedent at the Ocean Boulevard residence. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    Deposition Question, Page 113, Lines 21-25; Page 114, Lines 1-

    Counsel, just -- I have a lot of questions about the complaint.

    Statement by Counsel Greer: Let me see if there's anything –

    It's essentially most, if not all, of the allegations --

    Statement by Counsel Greer: Yeah.

    -- and I just want to confirm that they will all be objected to.

    Statement by Counsel Greer: Yeah.

    I'll just restate this one. I don't remember where we were. I think there was an objection. You state in your first amended complaint, page 7, line 9, that on the evening of July 12, 2011, Dina
    aggressively confronted the decedent at the Ocean Boulevard residence along with her sister Nina. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    You also state in your compliant on page 7, line 18, that Rebecca attempted to flee the residence. What evidence, if any, do you have to support that allegation?

    Mary - Refusal to answer

    On page 8, around line 4, you claim that Adam carried the decedent back into the house. What facts do you have to base that allegation on?

    Mary - Refusal to answer

    Same page, around line 7, you claim that the defendants stripped off her clothing. What evidence do you have to base that allegation on?

    Mary - Refusal to answer

    Same page, line 9, etc., you claim that the defendants first restrained the decedent with tape and gagged her while they were devising and planning the rest of the scheme and later removed the tape from the scene. What evidence do you have to base that allegation on?

    Mary - Refusal to answer

    Page 8, line 16, etc., you claim that the final scheme agreed to that evening by the defendants involved binding decedent's hands behind her back and ankles with a rope they found at the residence. What evidence do you have upon which you base that allegation?

    Mary - Refusal to answer

    Page 8, line 16, etc., you claim that the final scheme agreed to that evening by the defendants involved binding decedent's hands behind her back and ankles with a rope they found at the residence. What evidence do you have upon which you base that allegation?

    Mary - Refusal to answer
     
  18. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note, statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)


    In your complaint, you claim on page 9, line 12, that either Dina or Nina was sitting on the bed to which the rope was secured. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    Page 9, line 20, etc., you claim that the defendants were careful to remove any evidence of their involvement, including the disposal of the tape and Rebecca's clothes. What evidence do you have to support that allegation?

    Mary - Refusal to answer

    Did you discuss what to do with that phone (i.e. Rebecca's cell phone) with your husband?

    Mary - Refusal to answer

    Did your husband tell you that it was tampering with evidence to a possible crime to remove the phone from this country?

    Mary - Refusal to answer

    So the first highlight is on page 5, lines 19 through 28. So tell me what personal knowledge you have that you believe support the allegations stated in Subsection A, line 19, on that page?

    Answer: Autopsy report.

    Okay. What about the autopsy report do you believe support your claim that the defendants -- that the defendant -- hang on a second. What evidence do you have from the autopsy report that the --that any of the defendants struck Rebecca on the head multiple times with a blunt instrument?

    Statement by Counsel Greer: I guess I should specify my objection here. Anything as to who did these things would be attorney-client privilege. What was done is what she has knowledge of only on that.

    Question: So how do you have personal knowledge that somebody actually hit Rebecca on the head with a blunt instrument?

    Statement by Counsel Greer: Okay. So that as phrased would be attorney-client privilege. All she knows is that -- what the autopsy report said is not privileged because she got that outside of any conversation with us.

    Okay. So you -- so the objection -- so -- so you have your objection

    Statement by Counsel Greer: Right.

    Are you going to instruct her not to answer other than say whatever I might read from the autopsy report myself?

    Statement by Counsel Greer: Yes, sir.

    Okay. And would -- is the same true for the rest of the lined items on this page 5?

    Statement by Counsel Greer: Yes.

    Answer: Yes.

    And, counsel, I just want to confirm if I ask her what evidence -- what other evidence does she have as a plaintiff to support that allegation, you'll instruct her not to answer based on attorney-client privilege?

    Statement by Counsel Greer: Yes.

    The next highlighted portion is same page, line 12 to 14. I'll read it. It says, "Maxfield fell over a second-floor railing at the Ocean Boulevard residence causing him brain damage and eventually his death on July 16, 2011. Decedent was baby-sitting Maxfield at the time of the fall." I'll ask the broader question first: What evidence, if any, do you have to support that allegation?

    Mary - Refusal to answer

    "Each of the defendants had his or her own motives for committing these wrongful acts, including anger and revenge against Rebecca arising from the fatal injuries suffered by a six-year-old Maxfield Shacknai -- nephew to Adam, niece to Nina, and son to Dina -- while Rebecca was taking care of him two days before she was murdered. In addition, defendant Dina Shacknai was extremely jealous of Rebecca's relationship with her ex-husband Jonah Shacknai and her now deceased son Maxwell (sic)." So what evidence, if any, do you have to support these allegations?

    Mary - Refusal to answer

    So your counsel has now highlighted page 14, line 14 and 15. They state: "Immediately prior to her murder, Rebecca owned the clothing she was wearing and also owned and possessed other personal property." What -- first of all, what's your basis for stating this?

    Mary - Refusal to answer

    So because you don't have the clothes, you believe that somebody threw them out?

    Answer: Yes.

    And because you don't have the clothes, you believe that that somebody is one of the three defendants?

    Mary - Refusal to answer

    And then you say in this that she also owned and possessed other personal property. What do you mean by "owned and possessed other property"? What specifically are you referring to in this statement?

    Mary - Refusal to answer

    And so you have sued the family, yet you didn't want to ask a person who might know exactly what happened to your sister's clothing where that clothing was -- is that correct?

    Mary - Refusal to answer

    What did you do to verify what is stated in your response to Question No.1?

    Mary - Refusal to answer

    So if I were to ask what did she do to verify the responses to Questions 2 through 130, there would be a -- an objection; is that correct?

    Statement by Counsel Greer: Yes.

    So -- okay.

    Statement by Counsel Greer: No. Actually, she can say what she did.

    Okay. So what did you do to verify your answer to Question No.2?

    Answer: The rest of the questions, other than Question No.1, I relied on the counsel-- on the advice of my counsel, so --

    Statement by Counsel Greer: He wants to know you read it?

    Answer: Yeah, I read it, yes, and I agreed with it.

    Statement by Counsel Greer: Based on advice of counsel.

    Statement of Counsel Schumann: Okay. So what you did to verify what's stated in your responses to 2 through 130 was to discuss it with your counsel and rely on the advice of counsel?

    Answer: Yes

    In all of your responses, you do not identify any particular officer or detective or deputy that you contend as a witness in support of any of your allegations. Why not?

    Mary - Refusal to answer

    Several of your responses indicate that you're not able to identify any particular document in support of any particular fact. Why were you not able to identify any particular document in responding to the questions in Exhibit 3?

    Mary - Refusal to answer

    Yeah, so say Special Interrogatory No. 45: "Identify all documents that support your allegation that Dina Shacknai participated in stripping decedent of her clothing." And the answer is "The previously produced investigatory files of the San Diego Sheriffs and the Coronado departments identifying actions taken in furtherance of the conspiracy to kill Rebecca." That's the answer. So then the question -- this is an example: The question is why did you not identify each of the documents that support your allegations in -- as stated in this interrogatory?

    Mary - Refusal to answer

    And would that be the same objection if asked another question that asked to identify documents in support of allegations?

    Mary - Refusal to answer

    Have you ever seen a document in which any investigating officer purports to be a witness in support of any fact at issue in your responses?What did you do to come to the conclusion that every single investigating officer supports every factual allegation at issue in your responses for which you claim that every investigating officer is a witness?

    Mary - Refusal to answer

    Would you agree that you do not know anything about what any of the police officers' opinions are in this matter?

    Mary - Refusal to answer
     
  19. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0
    (Note , statements and questions are asked by Kim Schmann, Attorney for Dina Shacknai, and answers are from Plantiff Mary Zahau - unless otherwise noted.)



    Have you ever had any verbal confrontations with your husband?

    Mary - Refusal to answer

    Has there ever been any domestic violence between you and your husband?

    Mary - Refusal to answer

    Other than what Rebecca told you and the claims that Rebecca might have made that relate to my client's alleged violent or aggressive behavior, has anybody else informed you of any alleged violent or aggressive behavior by my client?

    Answer: I heard it on the news back in 2011 about her issue with Jonah, their altercation ..

    Did you ever hear any -- any claim or allegations from anyone that discusses what Jonah Shacknai just talked about in this statement?

    Answer: No.

    Why did you not look into what the medical history was and the medical status of Max was and attempt to understand where Jonah, Dina, where their thoughts were related to Max's condition before you filed a lawsuit against Dina?

    Mary - Refusal to answer

    Have you ever heard anybody -- experts, Dr. Phil, media -- anybody talk about what Jonah just talked about in this statement?

    Mary - Refusal to answer

    As you sit here today, do you know when those scans (i.e. related to Max's health) were going to take place?

    Answer: Personally, no.





    ----------------

    End of Deposition
     
  20. LuckyLucy2

    LuckyLucy2 Former Member

    Messages:
    1,506
    Likes Received:
    0
    Trophy Points:
    0

    Hi AZLawyer, there are over a hundred pages to go through, so I totally understand not being able to do it right this minute! It took me quite a while.

    Even though I added "JMO" at the end of that first post, I went back and add "IMO" in the beginning to further clarify it is my opinion that Dina's deposition is tied to this.

    I just can't imagine that Dina could answer deposition questions without having more information about the basis for the charges against her.

    But I am just making a wild guess.

    I look forward to your opinion on Mary's refusal to answer all of these questions. I think Kim Schumann makes very strong arguements as to why Mary should be compelled to answer, and cites many, many cases as legal precedent.

    It will be interesting to see how Judge Bacal rules on this Motion.
     
  21. AZlawyer

    AZlawyer Verified Attorney

    Messages:
    7,778
    Likes Received:
    29
    Trophy Points:
    48
    I really don't see any reason Dina's depo would be delayed due to this motion. Dina can easily answer questions like "were you at the house that night" without knowing anything about the plaintiffs' evidence or lack thereof.

    I skimmed through the motion. Dina's lawyer has some very good arguments, especially about the plaintiffs' lawyer's misunderstanding of how attorney-client privilege works. A few of the other questions, though, were just IMO harassment and irrelevant. I would have skipped those when filing the motion and stuck with the strong arguments.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice