Wrongful Death Suit filed Nov. 13, 2013 in California

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inthedark14

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Thank you wishingtree for your very heartfelt post. You are remarkably brave. I'm so sorry that you experienced such horrific events in your life. We are very lucky to have you here and your insight is so very valuable to what we are discussing.

IQ and Frigga...you guys are amazing and it's really amazing that you can bring your experiences here to share with us and enlighten our conversations.

WS is an amazing place and we all have our reasons for being here. A lot of people here have been touched by something awful in our lives, I think it's why we are so fierce when we're talking about something we believe in.

I never find the right words to say so....
:grouphug: :heartbeat:
 

wishingtree

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inthedark14, Thank you so much for your kind words. I can't tell you the burden you lifted off of me when you said that my insight was of value to this discussion because I was starting to feel guilty for hijacking the thread and making it about me when we are here to focus on justice for Rebecca. I had no idea I would receive the outpouring of support and kindness I've been embraced with. I am not exaggerating when I say it has changed my life. I didn't realize how much self-hatred I had been carrying around until I exploded with this huge post and sat back and dreaded the harsh, nasty feedback I expected to get. I know this is a crime site and we are here to support Rebecca, but I do want to take a moment to thank everyone from the very bottom of my heart and more for your support. I don't hate myself today for the first time in years. It would take a book for me to explain the depth of what that means to me and the change I feel. I honestly feel like someone who has been locked in prison with a cell-mate who hated my guts and beat me every day of my life until I was exonerated and set free. It's life changing and I want this entire group to know that you really can change someone's life by taking the time to listen to someone and show them even a fraction of the outpouring of support and kindness I have received here. I'm so glad that IQuestion and Frigga shared the biggest heartbreak of their lives here in response and hope they feel some of the relief that I do. That being said, I realize I have once again hijacked the thread and vow not to any more. I just didn't expect my life to change when I wrote that post expressing my outrage so strongly felt at the treatment and absurdity that Rebecca and her family have been subjected to. Rebecca is now so much more to me than a young, beautiful victim who not only lost her life while LE and others tried to cover this travesty and deny her justice. She is now the woman who gave me a new life and I can't put what that means into words.

And once again, I went against my promise to stop hijacking the thread. I hope that she is at peace and has gotten to witness how many people have fought for her for years and how she changed one woman's life. All my prayers and love to her and her family...as well as this group. From here on out this is not about my emotions, it is back to fighting for justice for a young woman who was so unspeakably treated even in death and using my experience as a tool to help her.

:grouphug: :heart:
 

coastal

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Wow. Welcome to the thread, wishingtree! I agree that you are needed here, and most welcome, along with your ideas and your feelings. Honesty is rare and precious in this world, and yours, here, shines such a bright, pure light, that truth itself emerges. Thank you for posting, and hugs to you.
 

kittychi

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Hi Wishingtree and welcome! Thank you for sharing your painful memories and for callng attention to something that has been completely overlooked in this case. Your insight brings home the idea even more that this was no suicide and it is an absurd story put forth by Bill Gore and the SDSO.

:tyou::welcome:
 

kimi_SFC

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Wishingtree, your poignant, heartfelt post literally brought tears to my eyes. :tears:

I join my fellow WSers in welcoming you. Your valued input and insight comes from a place of true empathy, and I absolutely look forward to hearing what you have to say.

Ms. Zahau's case has touched so many of our hearts. Reading your eloquent post brought things full circle for me. I can't thank you enough for entrusting us with your experiences. We are honored to have you here, and I hope you stay for the long haul.

This is what makes WebSleuths such an amazing place - the strength of the sum of its parts. I close this post with best wishes for you and yours as we look towards the future.

May Justice for Rebecca be attained.

:grouphug:

:welcome4:


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Carioca

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Document 41 - Estate of Rebecca Zahau
Filed & Entered: 08/29/2014
REQUEST FOR JUDICIAL NOTICE by Estate of Robert Zahau, Pari Z. Zahau, Mary Zahau-Leohner re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff (OPPOSITION TO ECF 39-3 REQUEST FOR JUDICIAL NOTICE)

[Excerpt page 3: "… at most the Court can take judicial notice that the Medical Examiner made his opinion that Rebecca died from suicide, but it cannot take judicial notice that Rebecca conclusively committed suicide."]
Hearing date: September 15, 2014

Document 42 - Dina Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff filed by Dina Shacknai

"Conclusion: Dina Shacknai cannot be vicariously liable for Adam choking Rebecca to death because Plaintiffs do not allege that Dina agreed to conspire to kill Rebecca Zahau by committing the tort of battery."
Hearing date: September 15, 2014

Document 43 - Adam Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [38] MOTION to Dismiss for Failure to State a Claim Second Amended Complaint filed by Adam Shacknai

[Excerpt page 9: "… the Court can assume as true the certified conclusion that the Medical Examiner, after a thorough examination, that 'the cause of death is certified as hanging, and the manner of death is certified as suicide.'"]
Hearing date: September 29, 2014

Document 44 - Nina Romano

Filed & Entered: 09/08/2014
REPLY to Response to Motion re [37] MOTION to Dismiss Second Amended Complaint REPLY TO OMNIBUS OPPOSITION TO MOTION OF NINA ROMANO TO DISMISS SECOND AMENDED COMPLAINT filed by Nina Romano.

[Excerpt page 7: "The problem for Zahau is that Paragraph 15 simply concludes generically that 'Defendants entered into a conspiracy and common scheme to murder the DECEDENT and hide their involvement' without setting forth any facts as to what each defendant purportedly agreed to do in relation to the asserted conclusion of a conspiracy. The only other references to asserted actions by Romano is the claim that 'Either DINA or NINA was sitting on the bed' when Rebecca Zahau's body was allegedly thrown over the balcony and the contradictory alternate conclusion that Dina and Nina 'also acted as look outs to avoid detection and encouraged ADAM to commit the acts alleged herein.' The court should find this insufficient to allege an actionable conspiracy and agreement to take part in a conspiracy to assault and batter Rebecca Zahau, especially as against Romano."]
Hearing date: September 15, 2014
 

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Mr Spock

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Document 41 - Estate of Rebecca Zahau
Filed & Entered: 08/29/2014
REQUEST FOR JUDICIAL NOTICE by Estate of Robert Zahau, Pari Z. Zahau, Mary Zahau-Leohner re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff (OPPOSITION TO ECF 39-3 REQUEST FOR JUDICIAL NOTICE)

[Excerpt page 3: "… at most the Court can take judicial notice that the Medical Examiner made his opinion that Rebecca died from suicide, but it cannot take judicial notice that Rebecca conclusively committed suicide."]
Hearing date: September 15, 2014

Document 42 - Dina Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff filed by Dina Shacknai

"Conclusion: Dina Shacknai cannot be vicariously liable for Adam choking Rebecca to death because Plaintiffs do not allege that Dina agreed to conspire to kill Rebecca Zahau by committing the tort of battery."
Hearing date: September 15, 2014

Document 43 - Adam Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [38] MOTION to Dismiss for Failure to State a Claim Second Amended Complaint filed by Adam Shacknai

[Excerpt page 9: "… the Court can assume as true the certified conclusion that the Medical Examiner, after a thorough examination, that 'the cause of death is certified as hanging, and the manner of death is certified as suicide.'"]
Hearing date: September 29, 2014

Document 44 - Nina Romano

Filed & Entered: 09/08/2014
REPLY to Response to Motion re [37] MOTION to Dismiss Second Amended Complaint REPLY TO OMNIBUS OPPOSITION TO MOTION OF NINA ROMANO TO DISMISS SECOND AMENDED COMPLAINT filed by Nina Romano.

[Excerpt page 7: "The problem for Zahau is that Paragraph 15 simply concludes generically that 'Defendants entered into a conspiracy and common scheme to murder the DECEDENT and hide their involvement' without setting forth any facts as to what each defendant purportedly agreed to do in relation to the asserted conclusion of a conspiracy. The only other references to asserted actions by Romano is the claim that 'Either DINA or NINA was sitting on the bed' when Rebecca Zahau's body was allegedly thrown over the balcony and the contradictory alternate conclusion that Dina and Nina 'also acted as look outs to avoid detection and encouraged ADAM to commit the acts alleged herein.' The court should find this insufficient to allege an actionable conspiracy and agreement to take part in a conspiracy to assault and batter Rebecca Zahau, especially as against Romano."]
Hearing date: September 15, 2014

Can someone explain what this means? Are the cases dismissed?
 

LuckyLucy2

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It means that in all likelihood, Dina and Nina Romano's cases were dismissed with prejudice on Sept. 15, and Adam Shacknai's will be dismissed with prejudice on Sept. 29. IMO.
 

elfie

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It means that in all likelihood, Dina and Nina Romano's cases were dismissed with prejudice on Sept. 15, and Adam Shacknai's will be dismissed with prejudice on Sept. 29. IMO.

Those are the motions, where are the rulings?
 

LuckyLucy2

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The ruling for Dina and Nina was yesterday. I didn't see any thing on the court site yet. Hopefully, someone here will have the inside scoop. I can't imagine the Judge would let the case proceed based on the "no evidence" factor.
 

Carioca

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Can someone explain what this means? Are the cases dismissed?

Hi Mr. Spock,
No, thank heavens this does NOT mean the case has been dismissed. As per the documents posted, the attorneys for defendants D. N. A. keep trying to get the judge to throw it out on technicalities.

This past Monday, September 15, a hearing was scheduled in front of the Honorable Thomas J. Whelan
between attorneys for the Plaintiff Zahau and attorneys representing the Defendants Dina and Nina. The result of that hearing has yet to be posted. A similar hearing is scheduled for next Monday, September 29, for attorneys representing Adam.

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

The next dates in front of the Hon. Katherine Bacal are scheduled as follows:

01/09/2015
10:00 AM C-69 Civil Case Management Conference - Complaint

05/08/2015
01:30 PM C-69 Discovery Hearing

Interesting that on 09/16/2014, Dina Shacknai filed a Motion to Compel Discovery (MOTION TO COMPEL THE SAN DIEGO COUNTY SHERIFFs DEPARTMENT TO COMPLY WITH THE DEPOSITION SUBPOENA FOR PRODUCTION OF DOCUMENTS)

Case: 37-2013-00075418-CU-PO-CTL
https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
 

Carioca

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

According to Nina's CBS8 interview, at the time of Rebecca's death, she was only absent from Dina's house for, at most, a half hour. Why haven't the friends staying at Dina's house that night come forth as witnesses for Nina? And why haven't nurses and doctors and receptionists at RCH that Tuesday night come forth as witnesses on Dina's behalf? Hmmm…

* * * *
NINA:
Absolutely, 100% not. She [DINA] was at my nephew's bedside. With one hundred like percent accuracy no doubt whatsoever. And I have come for.. and I told the police the very next day. I was there, I was there for three minutes,

GOTFREDSON:
Okay, and where was your son during that time?

NINA:
So, he was at my sister's house because a friend of hers um, a different friend, um had driven up from Santa Barbara and so she was staying at the house and she had made my son some dinner and stuff, so she was there with him.

GOTFREDSON:
And did the cops ever interview the family friend to confirm your story -- I mean your story -- but you know what I'm saying -- I mean they interviewed you and asked you exactly where you were -- they basically asked you everything and more, you know, than I asked you, but did they ever try to confirm where you were at the time they thought she died? Like through your friend -- the friend that was there with you?

NINA:
You know I don't know if they did. Um, that's a good question. I don't know if they spoke to her.

GOTFREDSON:
Okay.

NINA:
She was -- I believe she was at the hospital that Wednesday night when they came to my sister’s house -- she was actually at the hospital with my sister so [pause] I don't know. I haven't seen the police report. I've never seen the reports that you've seen. I've never seen them so I don't know if they did or not – um -- like I said at my sister's house there was myself, my son, a friend of my sister's, and another friend. There were four people in the house.

GOTFREDSON:
On Tuesday night?

NINA:
Yeah.

http://www.cbs8.com/story/15982091/exclusive-max-shacknais-aunt-talks-about-coronado-mansion-deaths
 

time

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Thanks so much Carioca!! And, great point on the witnesses. I note Nina seems a bit evasive on all this... so there was a female friend from Santa Barbara and one other 'friend'... would that be Dina's boyfriend at the time?
 

bourne

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Hi Mr. Spock,
No, thank heavens this does NOT mean the case has been dismissed. As per the documents posted, the attorneys for defendants D. N. A. keep trying to get the judge to throw it out on technicalities.

This past Monday, September 15, a hearing was scheduled in front of the Honorable Thomas J. Whelan
between attorneys for the Plaintiff Zahau and attorneys representing the Defendants Dina and Nina. The result of that hearing has yet to be posted. A similar hearing is scheduled for next Monday, September 29, for attorneys representing Adam.

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

The next dates in front of the Hon. Katherine Bacal are scheduled as follows:

01/09/2015
10:00 AM C-69 Civil Case Management Conference - Complaint

05/08/2015
01:30 PM C-69 Discovery Hearing

Interesting that on 09/16/2014, Dina Shacknai filed a Motion to Compel Discovery (MOTION TO COMPEL THE SAN DIEGO COUNTY SHERIFFs DEPARTMENT TO COMPLY WITH THE DEPOSITION SUBPOENA FOR PRODUCTION OF DOCUMENTS)

Case: 37-2013-00075418-CU-PO-CTL
https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

Interesting that there are two different judges hearing the Zahau case! So glad Judge Whelan is still in the picture!

Re: Dina's motion to compel discovery from sheriff's office. I believe it's another one of her diversionary ploys to appear innocent. She seems to know how to "play the legal and judicial system" very well...likely because Jonah was a lawyer and they went through legal wranglings such as her domestic violence police reports and divorce, and their business dealings.

Seriously, I think this D-woman's RIDICULOUS.

I hope the Zahau's motion will be granted and a grand jury is summoned. That's the very least the system can do to find justice for Rebecca and Max.
 

bourne

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Document 41 - Estate of Rebecca Zahau
Filed & Entered: 08/29/2014
REQUEST FOR JUDICIAL NOTICE by Estate of Robert Zahau, Pari Z. Zahau, Mary Zahau-Leohner re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff (OPPOSITION TO ECF 39-3 REQUEST FOR JUDICIAL NOTICE)

[Excerpt page 3: "… at most the Court can take judicial notice that the Medical Examiner made his opinion that Rebecca died from suicide, but it cannot take judicial notice that Rebecca conclusively committed suicide."]
Hearing date: September 15, 2014

Document 42 - Dina Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [39] MOTION to Dismiss Second Amended Complaint of Plaintiff filed by Dina Shacknai

"Conclusion: Dina Shacknai cannot be vicariously liable for Adam choking Rebecca to death because Plaintiffs do not allege that Dina agreed to conspire to kill Rebecca Zahau by committing the tort of battery."
Hearing date: September 15, 2014

Document 43 - Adam Shacknai
Filed & Entered: 09/08/2014
REPLY to Response to Motion re [38] MOTION to Dismiss for Failure to State a Claim Second Amended Complaint filed by Adam Shacknai

[Excerpt page 9: "… the Court can assume as true the certified conclusion that the Medical Examiner, after a thorough examination, that 'the cause of death is certified as hanging, and the manner of death is certified as suicide.'"]
Hearing date: September 29, 2014

Document 44 - Nina Romano

Filed & Entered: 09/08/2014
REPLY to Response to Motion re [37] MOTION to Dismiss Second Amended Complaint REPLY TO OMNIBUS OPPOSITION TO MOTION OF NINA ROMANO TO DISMISS SECOND AMENDED COMPLAINT filed by Nina Romano.

[Excerpt page 7: "The problem for Zahau is that Paragraph 15 simply concludes generically that 'Defendants entered into a conspiracy and common scheme to murder the DECEDENT and hide their involvement' without setting forth any facts as to what each defendant purportedly agreed to do in relation to the asserted conclusion of a conspiracy. The only other references to asserted actions by Romano is the claim that 'Either DINA or NINA was sitting on the bed' when Rebecca Zahau's body was allegedly thrown over the balcony and the contradictory alternate conclusion that Dina and Nina 'also acted as look outs to avoid detection and encouraged ADAM to commit the acts alleged herein.' The court should find this insufficient to allege an actionable conspiracy and agreement to take part in a conspiracy to assault and batter Rebecca Zahau, especially as against Romano."]
Hearing date: September 15, 2014

Carioca, was this your own summary of the motions filed?
 

Carioca

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Thanks so much Carioca!! And, great point on the witnesses. I note Nina seems a bit evasive on all this... so there was a female friend from Santa Barbara and one other 'friend'... would that be Dina's boyfriend at the time?
Hi time ~ No idea who the other "friend" is, or was... But one would think that if the twins had such air-tight alibis, then why have their attorneys spent the last year filing motions to dismiss based on technicalities? Surely the defendants would have coughed up at least one solid alibi each. Sure would have saved them truck loads worth of attorney fees, let alone clear their names. Go figure... The only one with a solid alibi in this whole sordid affair is Dina's cell phone.:thinking:
 

Carioca

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Carioca, was this your own summary of the motions filed?
Hi bourne ~ These are simply excerpts I quoted from the docs filed...

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

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

Flag: REOPEN
 

LuckyLucy2

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


Witnesses would not be involved at this stage of the case, and to mention them in any of the documents the Shacknai and Romano lawyer filed would have been improper. The lawyers addressed what the Zahau's attorney had filed. If the Zahau's had mentioned lack of witnesses for Dina and Nina in THEIR ammended complaint THEN the Shacknai and Romano lawyers could have addressed that.

The lawyers are pointing out the absurity of the Zahau's claims in their amended complaint and are also saying the Zahau's cannot use the Medical Examiner as reference and then only pick and choose facts. Such as saying there was mud on Rebecca's feet when that is not what the ME found. In other words, they can't just make things up.

I will have more time tomorrow, and will go more in depth into the Shacknai's and Romano's arguements then.

Filing for the investigative files from the Sheriff's office is the proper next step for Dina, Nina, and Adam, and it looks like Dina's lawyer is being proactive and not waiting for the last minute like the Zahau's lawyers have. Should the case go forward, that is what Dina's lawyers would base their case on - the actual files and facts fron the SDSO/CPD/DOJ/FBI documents, tapes, etc.

[modsnip] Even a filing for documents that are necessary to defend herself DUE TO the Zahau's false claims brings out the vitriol for a mother that lost her child due to Ms. Zahau's [QUOTE=Carioca;10975337.

I think if the court had NOT ruled to throw the case out yesterday, Mary would have had another media blitz today. The fact that she has been silent makes me think it is finally over.

All above my opinion only.
 

LuckyLucy2

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There are two different cases:

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

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

*Lash*

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Thank you Carioca for providing the motions. Much appreciated!

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

So let's talk about cherry picking. Imo cherry picking is exactly what the ME and SDSO did in their investigations. SDSO cherry picked who's word they could take as truth without a single piece of supporting evidence. Jonah and the panties, panties not tested. Jonah and the vm, vm was never heard. Adam's inconclusive polygraph, second polygraph not given. Nina's statement, SDSO did not even check her alibi nor did they follow up with her canceled polygraph.

Imo they cherry picked which phone records to request. Adam and Nina's phone records were never requested. Imo, a big WOW! Adam, allegedly the last person to see Rebecca alive, allegedly the person to find her hanging, the person who was administered a poly w/an inconclusive result...SDSO never requested Adam's phone records. Nina, admitted being on the property and texting Rebecca. SDSO never requested Nina's phone records. Rebecca's, Jonah's and Dina's phone records were the only 3 requested. We also cannot overlook the fact it took over 30 days before SDSO even opened Rebecca's phone. What about that voicemail? It took over 30 days before a warrant was requested to obtain the 3 phone records of RZ, JS and DS. Cherry picking? All the above should be used as references in Wiki to define the term cherry pick.
 
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