Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Sat Jul 13, 2013 1:34 pm

Estate of Rebecca Zahau et al v. Shacknai et al

Plaintiffs: Estate of Rebecca Zahau , Estate of Robert Zahau , Mary Zahau-Leohner  and Pari Z. Zahau

Defendants: Adam Shacknai, Dina Shacknai, Nina Romano and Does 1 through 50, inclusive

Case Number: 3:2013cv01624
Filed: July 12, 2013

Court: California Southern District Court
Office: San Diego Office
County: San Diego
Presiding Judge: Thomas J. Whelan
Referring Judge: Nita L. Stormes

Nature of Suit: Torts - Injury - Other Personal Injury
Cause: 28:1332 Diversity-Personal Injury
Jurisdiction: Diversity        
Jury Demanded By: Plaintiff

http://dockets.justia.com/docket/california/casdce/3:2013cv01624/419200/
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by vegret on Sat Jul 13, 2013 8:56 pm

Holy Smoley! Wish Val was around...really missing her...thank you Lash!
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Sun Jul 14, 2013 4:35 pm

You're welcome Vegret! There are plenty of MSM articles now.

Zahau Family Files $10M Wrongful Death Suit Against Shacknai's Brother

Posted by Jennifer Vigil (Editor), July 13, 2013 at 03:20 pm

http://coronado.patch.com/groups/breaking-news/p/zahau-family-files-wrongful-death-suit-against-shacknai-family-members?ncid=newsltuspatc00000003

*I think of Val too, miss you Valhall!
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by playmuni on Mon Jul 15, 2013 6:42 pm

They would have been acquitted in a criminal case. Especially since juries typically weigh the evidence, and in this case, the evidence they left behind would have been enough to create reasonable doubt. Then you bring in the fact that LE ruled this as suicide-- that they refused to reopen the case-- that the justice department (what ever happened with that btw?) did nothing about this case, and what jury could convict? So had this gone to trial, those lawyers (both on the part of LE and Shacknai lawyers) would have suppressed what little evidence they did have connecting them to this crime, that it would have fallen apart. (and still would). The civil case however is interesting. It will cost them money, they will be defending themselves and at some point someone will reveal a fact that incriminates the others. Dina has already gone so far as to accuse Rebecca of killing her son-- We'll hear from RZ sister, we'll hear Adam on the stand, etc. Unless of course, they settle-- which one shouldn't be surprised if they do. That wouldn't be difficult to come up with 5 million dollars plus lawyer's fees (assuming they'd negotiate). They'd be sure that the settlement agreed that they admitted to no wrong doing and that in exchange for a multi-million dollar settlement that the family sign a confidentiality agreement. The lawyers for the family will encourage the family to do this, because going to trial doesn't guarantee they'll win, so this would just fade away into one of those mysteries that we never get answers to until long after we are dead.

That's how lawsuits work. Shacknai has been mute since this happened, he isn't about to start talking now, and knowing what those twins can't stop flapping their yaps, he's done the math a long time ago. Liquidate your assets, put your money in a trust for your kids, hire a good PR firm, get a great trial lawyer and wait until you know how much money they are asking for. Then, start negotiations.

Mark my words....next year at this time, we'll be sitting here going-- "what happened?" That's what will happen.

If they are suing for 10m and the group agrees to pay, then there's no reason to go to court, right? The judge will say, Okay, case closed.

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by GlaringError on Tue Jul 16, 2013 11:24 am

And then we will know that our suspicions were correct.

People innocent of murder don't settle a 10M lawsuit and hide.

Innocent people stand up to whomever is bullying them for money.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Tue Jul 16, 2013 11:30 am

Maybe the suit has nothing to do with the money? Maybe it is all about wanting answers? 5-10 million dollars would be hard to turn down, I agree. In my opinion the money is not the reason the family filed the suit.

By Howard Koplowitz | July 15 2013 11:52 AM

Snip -

Zahau’s family filed the suit because they believed it was the only way to get to the truth about her death, according to Radar Online. The family had been skeptical ever since a medical examiner ruled Zahau’s death as suicide in July 2011.

The family “had no other choice but to file the lawsuit because it was the only way in which they could ever get answers about how Rebecca died. They don’t accept or believe that Rebecca killed herself,” a source told Radar Online. “Nothing will stop the family from getting to the bottom of how their beloved Rebecca died.”

http://www.ibtimes.com/rebecca-zahaus-family-files-10m-wrongful-death-lawsuit-against-boyfriend-jonah-shacknais-family
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by playmuni on Tue Jul 16, 2013 4:01 pm

I agree. That's the problem with lawsuits. One side always can point fingers that it is about money, when it isn't.

And yet, in this case, unless you make it about money, no one has or will listen, but not it is costing people money, because they have to hire lawyers and risk losing (both sides).

I do hope that the family doesn't "settle", however, what if the defendants say, "fine, here is 10 million bucks"? When it is a lawsuit, there is no trial if the other side pays up. I just think when you're dealing with a group of very wealthy people (at least Jonah is) that coming up with ten million dollars in order to avoid the publicity that would ultimately cost him more, seems like an easy thing to achieve. Now if I were 10 million per person....well....then we'd really have something interesting here.

;)

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by junie4justice on Tue Jul 16, 2013 4:40 pm

Lash wrote:Maybe the suit has nothing to do with the money? Maybe it is all about wanting answers? 5-10 million dollars would be hard to turn down, I agree. In my opinion the money is not the reason the family filed the suit.

By Howard Koplowitz | July 15 2013 11:52 AM

Snip -

Zahau’s family filed the suit because they believed it was the only way to get to the truth about her death, according to Radar Online. The family had been skeptical ever since a medical examiner ruled Zahau’s death as suicide in July 2011.

The family “had no other choice but to file the lawsuit because it was the only way in which they could ever get answers about how Rebecca died. They don’t accept or believe that Rebecca killed herself,” a source told Radar Online. “Nothing will stop the family from getting to the bottom of how their beloved Rebecca died.”

http://www.ibtimes.com/rebecca-zahaus-family-files-10m-wrongful-death-lawsuit-against-boyfriend-jonah-shacknais-family

LOL a TYPO got it right:
By Howard Koplowitz | July 15 2013 11:52 AM

Snip -

The lawsuit challenges the determinations of the medical examiner, Coronado Police Department and the San Diego County Sheriff’s Department, which all indicated that Zahau’s death was a homicide.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Alessandra_Deux on Tue Jul 16, 2013 7:26 pm

Dina Shacknai responds to wrongful death lawsuit filed by Rebecca Zahau's family

Suit: Family seeking $10M in damages

Posted: 07/16/2013
Last Updated: 41 minutes ago


Days after the family of Rebecca Zahau filed a wrongful death lawsuit against her, Dina Shacknai responded Tuesday, calling the suit "baseless."

~Snipped~

Today marks the second anniversary of the death of my only child, Maxfield Aaron Shacknai. He was six years old when he died while under the care of Rebecca Zahau.

Yet today, instead of being able to merely mourn the loss of Maxie, my sister Nina Romano and I are dealing with a baseless lawsuit which has been filed against us. I have lost my only son and Nina has lost her only nephew. While we empathize with the Zahau family regarding their grief over the loss of Rebecca, for Nina and I to be named as parties to this frivolous lawsuit by the Zahau family is cruel and irresponsible. There is absolutely no truth to these allegations. Unfortunately, I have now been left with no alternative but to initiate significant measures to ensure the ongoing protection of myself, as well as my remaining family. The accusations are shameful and groundless and have no basis in fact or evidence.

I respectfully ask that the public continue to keep us in their prayers as we remember Maxie on this somber occasion."

The lawsuit states that each defendant may not have directly been involved in Zahau's death but each had threatened her and failed to warn her about a scheme to harm her. It alleges assault, battery, negligence and wrongful death, according to reports.

Read more:

http://www.10news.com/news/dina-shacknai-responds-to-wrongful-death-lawsuit-filed-by-rebecca-zahaus-family-071613
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Wed Jul 17, 2013 10:50 am

junie4justice wrote:

LOL a TYPO got it right:
By Howard Koplowitz | July 15 2013 11:52 AM

Snip -

The lawsuit challenges the determinations of the medical examiner, Coronado Police Department and the San Diego County Sheriff’s Department, which all indicated that Zahau’s death was a homicide.

Lol...Freudian slip?
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Welcome new posters!

Post by KZ on Thu Nov 14, 2013 12:13 pm

I want to extend a welcome to any new members here that are here interested in Rebecca Zahau's case. We are aware that other places have closed discussion on Rebecca's case. You may discuss the case here. Right now we have one general thread for all topics.

Please continue to adhere to some general rules: use initials for minors, no sleuthing un-involved family members, no personal attacks on other posters, link statements of fact, and identify statements of opinion, etc.

And just to let any newly registered members know, your first few posts after registration may be "hung up" in moderation for a little while. We apologize for this, but the board has had some recent problems with robo-spam, and the admins had to implement some safety measures. Be patient, and know that you are welcome here!

[RC also stands for Red Cross! RC has a history of being very welcoming to victims of forum shutdowns. Breaking out tents, bottled water, and hot soup to welcome any refugees!]
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by inthedark on Thu Nov 14, 2013 1:44 pm

Hi all! :)
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Thu Nov 14, 2013 1:57 pm

There is also a library thread for Max and Rebecca -

http://www.realitychatter.com/t4148-library-thread-rebecca-zahau-max-shacknai-deaths
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by junie4justice on Fri Nov 15, 2013 4:33 pm

Well, it looks like gore and his SDSO will look pretty bad now that the McStays have been found.  There's 3 high profile murders that they have messed up.  Hope there is someone with enough money and/or power to have that department investigated for either corruption or incompetence or both.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Mrs. Holmes on Fri Nov 15, 2013 6:26 pm

Here awaiting news......
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by ishi on Sat Nov 16, 2013 7:09 pm

junie4justice wrote:Well, it looks like gore and his SDSO will look pretty bad now that the McStays have been found.  There's 3 high profile murders that they have messed up.  Hope there is someone with enough money and/or power to have that department investigated for either corruption or incompetence or both.
I could not agree more. You would think Gore would have egg on his face but his ego and incompetence will not allow him to see it when he looks in the mirror. What a joke he is.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Betty P on Sat Nov 16, 2013 9:19 pm

Hi Everyone,

Waiting to see what happens.

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Mrs. Holmes on Sat Nov 16, 2013 10:53 pm

Websleuths opened up a thread again for Rebecca Zahau with regards to the county lawsuit that has a court date on December 6th.

http://www.websleuths.com/forums/showthread.php?t=209218
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by junie4justice on Sun Nov 17, 2013 5:22 am

ishi wrote:
junie4justice wrote:Well, it looks like gore and his SDSO will look pretty bad now that the McStays have been found.  There's 3 high profile murders that they have messed up.  Hope there is someone with enough money and/or power to have that department investigated for either corruption or incompetence or both.
I could not agree more. You would think Gore would have egg on his face but his ego and incompetence will not allow him to see it when he looks in the mirror. What a joke he is.
Yes he is a joke as well as Jan Caldwell.  Did you see her when interviewed about what Patrick McStay said about SDSO the criticism regarding the missing McStay family?  Yup, she's just like one of the 'ol boys' network.

Welcome Betty P and Mrs. Holmes to RC!  Great place here, they don't shut down a whole forum like WS does.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Betty P on Sun Nov 17, 2013 1:11 pm

junie4justice wrote:
ishi wrote:I could not agree more. You would think Gore would have egg on his face but his ego and incompetence will not allow him to see it when he looks in the mirror. What a joke he is.
Yes he is a joke as well as Jan Caldwell.  Did you see her when interviewed about what Patrick McStay said about SDSO the criticism regarding the missing McStay family?  Yup, she's just like one of the 'ol boys' network.

Welcome Betty P and Mrs. Holmes to RC!  Great place here, they don't shut down a whole forum like WS does.
Thanks! It's nice to be here. Any ideas about what may happen next in this case?

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Sun Nov 17, 2013 4:13 pm

Hi Mrs Holmes and Betty P! Glad to have you here.

I don't think that a wrongful death suit can be re-filed, either in state or federal court, as the statute of limitations has passed. I don't think you get a do-over if your attorney screws up, sadly. There might be other complaints that could be brought in a civil suit, but I think the time for wrongful death is over. Maybe there is some provision I'm not aware of so that they could re-file, but I kind of doubt it.

IMO, an attorney "missing" a deadline to respond (and jeopardizing the entire complaint) is like a surgeon leaving an instrument inside a patient, or amputating the wrong limb. It's one of those things that should "never" happen. It is certainly easy enough to ask or find out what the deadlines are ahead of time, so one doesn't miss them. That's what you pay an attorney to do on your behalf-- to understand the process, and stay on top of requirements. That's why I think "something" was going on other than just inattention to the deadline.

As far as the other civil suit against the city of San Diego, I have no idea if that will continue. I always thought that suit was to compel evidence for the wrongful death suit. But if the family would like Rebecca's property for personal or emotional reasons, I can see why they might continue to pursue it.

I feel badly for the residents of San Diego-- I think SDSO has monumental problems and corruption-- not just with this case, as has been pointed out above. JMO.

I don't know if the Zahau's have any other recourse left to re-open the investigation.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by junie4justice on Sun Nov 17, 2013 5:59 pm

Betty P wrote:
junie4justice wrote:Yes he is a joke as well as Jan Caldwell.  Did you see her when interviewed about what Patrick McStay said about SDSO the criticism regarding the missing McStay family?  Yup, she's just like one of the 'ol boys' network.

Welcome Betty P and Mrs. Holmes to RC!  Great place here, they don't shut down a whole forum like WS does.
Thanks! It's nice to be here.  Any ideas about what may happen next in this case?
Alas, with the way the WDS went, it's hard to be positive and have hope.  LOL, too bad we can't flood CA Attorney General with email about how poor SDSO  has handled at least 3 high profile cases, ask for them to be investigated and get a new investigation of her case by DOJ without prejudice.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Eileen_Dover on Sun Nov 17, 2013 7:07 pm

To the general public, this does not bode well for either Marty Rudoy nor Greer & Associates nor Gaston & Gaston, nor Anne Bremner, who steered the Z family in  attorney Marty Rudoys’s direction to begin with and did nothing to stop the freight train to disaster. Not show up for a hearing? Miss a deadline? Foul up on diversity jurisdiction? TOTAL incompetence!! Completely unprofessional! Would anyone hire any of these attorneys after this fiasco? Whatever the reasoning behind their actions, or I should say lack of actions, IMO is mud on their professional reputations, mud as thick as the mud on Gore's face.

IANAL, but it's my understanding, and darn if I can't find the link again... if a case is dismissed in Federal court due to incompetence on the part of the plaintiff's attorney and after the SOL has expired, the plaintiff has the right to file a new suit. And they can also file a lawsuit against their attorneys as per CA Code § 340.6(a) :

Effect of Action Terminated without Decision on the Merits as Extending Limitations


California Code of Civil Procedure Re: Statutes of Limitation (Excerpts - Last Updated May 2011)

§ 340.6.  Action against attorney for wrongful act or omission, other than fraud
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.

http://www.lovkoandking.com/civil-procedure-sol.html
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Mon Nov 18, 2013 8:29 am

Eileen, no it does not bode well for the attorneys you listed. I am very disappointed. If this is pure incompetence on the attorneys part, I hope you're correct and CA code listed above applies.

Hi Betty P and Mrs. Holmes!
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Freckles on Mon Nov 18, 2013 10:13 am

This is from the Patrick, father of Joseph McStay, the adult male who had gone missing with his wife and two sons from Fallbrook, CA, (San Diego Co) a few years ago. He is speaking of SO Gore:

[quote=" Since the discovery of the bodies, Joseph's father Patrick has gone on the offensive, branding the police operation into his family's disappearance, the most, 'botched, inept investigation I've ever seen in my entire life.'

He also called the San Diego Sheriff's Office, which spearheaded the operation, the, 'dumbest, most corrupt organization he has seen.' [/quote]

http://www.dailymail.co.uk/news/article-2508766/Mystery-McStay-money-Family-dead-barely-afford-rent-despite-100k-bank.html?ICO=most_read_module
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by HinkySD on Mon Nov 18, 2013 11:18 am

Hi -

I've wondered if being incompetent is what's going on here. Personally, with or without a lawyer, I would make sure my own deadlines were met.

My thoughts are

1) There is some other legal approach to which none of us are privy to that is going on behind the scenes. (I hope I hope I hope)

or

2) The reason Mary filed in the first place was just to publicly lay blame where blame is due. Perhaps never intending to go through with any suit.

I had so much hope when the Zahau lawyers said something like 'There is so much evidence why don't they just turn themselves in.' I am now wondering what that was all about.

Somebody on the boards used to be able to contact Snowem in Germany. It would be a Godsend to hear from the family one way or another.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by HinkySD on Mon Nov 18, 2013 11:39 am

KZ wrote:Hi Mrs Holmes and Betty P! Glad to have you here.

I don't think that a wrongful death suit can be re-filed, either in state or federal court, as the statute of limitations has passed. I don't think you get a do-over if your attorney screws up, sadly. There might be other complaints that could be brought in a civil suit, but I think the time for wrongful death is over. Maybe there is some provision I'm not aware of so that they could re-file, but I kind of doubt it.

IMO, an attorney "missing" a deadline to respond (and jeopardizing the entire complaint) is like a surgeon leaving an instrument inside a patient, or amputating the wrong limb. It's one of those things that should "never" happen. It is certainly easy enough to ask or find out what the deadlines are ahead of time, so one doesn't miss them. That's what you pay an attorney to do on your behalf-- to understand the process, and stay on top of requirements. That's why I think "something" was going on other than just inattention to the deadline.

As far as the other civil suit against the city of San Diego, I have no idea if that will continue. I always thought that suit was to compel evidence for the wrongful death suit. But if the family would like Rebecca's property for personal or emotional reasons, I can see why they might continue to pursue it.

I feel badly for the residents of San Diego-- I think SDSO has monumental problems and corruption-- not just with this case, as has been pointed out above. JMO.

I don't know if the Zahau's have any other recourse left to re-open the investigation.
Thank you for feeling bad for San Diego, KZ. As a San Diegan I feel somehow responsible for this outrageous treatment of the Zahau family. If not for the lying Sheriff, Media, and the PR teams, I am sure that every San Diegan would feel the same as I do. How could they not? From the get go facts were reported incorrectly and spread widely and that swayed the public's opinion.

Rebecca was a beautiful immigrant young woman with no family in town to stick up for her. I still can't get over it.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by HinkySD on Mon Nov 18, 2013 11:52 am

Rebecca didn't want to save herself so she tied herself up?

All that trouble, yet she decided to not hang herself in private? To jump off the balcony a few feet away from the window of the only house guest? The only person around that COULD save her?

I hope to hell Rebecca is haunting Jonah and the rest of them. I hope she freaks them out DAILY!!!!!!!!!!!
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Yes, Dorothy. There is a Santa Claus :-)

Post by Eileen_Dover on Mon Nov 18, 2013 1:41 pm

WDS has been refiled in Superior Court State of CA

Greer & Associates
Gaston & Gaston
Attorneys for Plaintiffs,
REBECCA ZAHAU, deceased,
ROBERT ZAHAU, deceased,
ESTATE OF REBECCA ZAHAU,
ESTATE OF ROBERT ZAHAU,
MARY ZAHAU-LOEHNER,
and PART Z. ZAHAU

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO

[…] EQUITABLE TOLLING
4. On July 12, 2013, one day prior to the two-year statute of limitations expiring on claims arising from the July 13, 2011 murder of Rebecca Zahau, Plaintiffs filed an action against Defendants ADAM SHACKNAI, DINA SHACKNAI, NINA ROMANO and DOES 1 through 50, in the United States District Court, Southern District of California (Case Number:13-CV-1624-W-NLS) based on diversity jurisdiction over the first cause of action (wrongful death) pursuant to 28 U.S.C. § 1332 and supplemental jurisdiction over the second cause °faction (assault and battery), third cause of action (negligence) and fourth cause of action (conversion) pursuant to 28 U.S.C. § 1367 (collectively, the "survival actions").

5. On November 12, 2013, the District Court dismissed the federal action without prejudice.

6. Therefore, the statute of limitations for all causes of action of the named Plaintiffs arising from the murder of Rebecca Zahau are tolled under the doctrine of equitable tolling to this date, November 13, 2013. Thus, this action is timely filed.

DEMAND FOR JURY TRIAL
7. Plaintiffs demand a jury trial.

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

entry date: 11/14/2013
Civil Case Management Conference scheduled for 08/01/2014 at 10:30:00 AM at Central in C-67 William S. Dato.

Note: I apologize for previous comment about Gaston & Gaston and Greer & Associates. Turned out they were righting the wrong after all.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by HinkySD on Mon Nov 18, 2013 2:24 pm

Thank you, Eileen!!!!!!!!!!!!!

Razz    DEMAND FOR JURY TRIAL!!!!!!!!!!!!!!!!!!!!!   Razz 

             Hallelujah!!!!!!!!!!!!!!!!


(Okay, I really hope Rebecca and Max are rejoicing in heaven.)

Oh heck yes, I looked it up :>

What does it mean to "toll the statute of limitations" in a criminal case?

Answer:
 
The phrase has to do with the time limits within which a criminal defendant can be prosecuted. The statutes of limitations are simply laws establishing these time limits. For example, in the federal criminal system, a prosecutor has only five years from the date a bank robbery is committed to file charges against the bank robber. (Where state criminal laws are involved, these time limits will vary from state to state, and will depend upon the type of offense involved.)

Once that five years is up, that robber can cite the statute of limitations, thumb his nose at the prosecutor and go scot free. That may sound crazy, but there is a rationale for these statutes. They're passed to give law enforcement personnel an incentive to act swiftly and efficiently, and to protect everyone from the confusion that results when cases are premised on witnesses' memories fading and evidence that's less reliable as time goes by. Don't panic about murderers running around free, though -- there is generally no statute of limitations for murder.

But what about the tolling, you ask? When the statute of limitations tolls, that means it has been legally suspended -- in other words, the clock stops running for a certain period of time -- and the five or however many years gets further away.

Tolling most commonly occurs when the defendant becomes a fugitive from the jurisdiction where he committed the crime. For example, let's say that Jesse James robs a bank in Dodge City, Kansas on July 1, 2011. The next day, James flees Kansas hell-bent on escaping capture, and he hides out in the Badlands of South Dakota for six years. James is then caught and charged by the feds with bank robbery on July 1, 2017. James will not be able to get his case thrown out by arguing that the five-year limit for prosecuting his case has passed. Instead, the judge will rule that the statute of limitations tolled (was suspended) during the six years that James was on the lam, and the prosecution can go forward.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Freckles on Mon Nov 18, 2013 3:19 pm

Wow. My head is spinning! newspaper Got an education today. awe 
bath 
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Mon Nov 18, 2013 5:45 pm

OMG!!

Thank you Eileen Dover for posting that!!! And freckles, for explaining the tolling issue.

What a brilliant move! If I understand correctly, because the federal case was filed ONE DAY before the SOL expired, the SOL was preserved when the federal case was dismissed!! So they could re- file in state court and still be within the SOL!! I am just amazed!

Very pleased there is another chance to right this terrible wrong.

I, too, apologize profusely for criticizing the attorneys. Let's get this case moving again!

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Betty P on Mon Nov 18, 2013 5:59 pm

Thanks, KZ, Eileen Dover and HinkySD for the explanations.  I think I understand now.

Here's something I found on Wikipedia WRT Equitable Tolling:

"The Supreme Court of California enunciated:

   Equitable tolling is a judge-made doctrine which operates independently of the literal wording of the Code of Civil Procedure to suspend or extend a statute of limitations as necessary to ensure fundamental practicality and fairness. This court has applied equitable tolling in carefully considered situations to prevent the unjust technical forfeiture of causes of action, where the defendant would suffer no prejudice."

http://en.wikipedia.org/wiki/Equitable_tolling

HinkySD, its great to see you again!  Many of us have commented how much we miss your web site.

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by junie4justice on Mon Nov 18, 2013 8:05 pm

WOW thanks Eileen, KZ and HinkySD! It's going to be hard now waiting until August before there is a hearing, but better than we all thought.

Hmmmm, maybe the deadline was missed on purpose. To see how the guilty react?

Now I can really enjoy my dinner out tonight, think I'll even treat them, I feel so much better now.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Tue Nov 19, 2013 10:24 am

Thank you Eileen...

Thank you to the attorneys for continuing the good fight!

I too wonder if the deadline was missed on purpose so the case would be dismissed w/o prejudice. August 2014, really?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by inthedark on Tue Nov 19, 2013 11:40 am

Does anyone think that they may have intentionally missed the dates to give them more time to get information from the SDSO lawsuit? Since that lawsuit is still ongoing and nothing has been done, there may be critical information they need that SDSO has. That, is very very scary because by all appearances SDSO is at best incompetent and at worst corrupt.

I'm just very glad that they have refiled the suit in CA. Though ITA with Lash, I don't understand the August 2014 date either. Maybe there are just that many lawsuits going on in CA and that's how long it takes?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Tue Nov 19, 2013 4:24 pm

When I read the Aug 2014 date, I didn't take it to mean no hearings would happen till Aug 2014-- I thought perhaps the scheduling of status conferences might be automatic or something.  I'll add that to my list of questions to ask an attorney.

I have to think, at this point, that filing the original federal suit one day before the SOL was some kind of calculated action on the part of the attorneys-- perhaps to leave an avenue open to re-file, if they thought there was a chance the federal case would be dismissed?  IDK. The attorneys were completely ready to go with the state case and clearly filed promptly. So it does seem puzzling that they would "miss" a deadline to respond to the motions to dismiss. But that's all water under the bridge now, I guess. There is a new case filed, so that is the one to watch!

And I'm glad the defendants will have to continue to deal with this case-- hopefully for many more months to come.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Freckles on Tue Nov 19, 2013 4:29 pm

I have to wonder how the defendants are taking this...
any clues as to the reactions?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Tue Nov 19, 2013 9:05 pm

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml


16

11/18/2013

Motion - Other (of appearance and legal representation : declaration of Attorney David A Miller in support thereof) filed by Horwath, Snowem.

Horwath, Snowem (Plaintiff)
Case 37-2013-00047752-CU-MC-CTL

Apparently Rebecca's sister is joining the civil suit against SD county as plaintiff! No other documents yet, but I think maybe we will learn more soon.

Correction: I guess Snowem was always listed as a plaintiff-- I want to correct that, now that I looked at older filings! This must mean she has a different attorney, I think?


Last edited by KZ on Tue Nov 19, 2013 9:12 pm; edited 1 time in total (Reason for editing : correction)
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Wed Nov 20, 2013 7:59 am

Freckles wrote:I have to wonder how the defendants are taking this...
any clues as to the reactions?
Dina is the only defendant to speak publicly since the suit was filed.

Response to Zahau lawsuit: 'cruel, frivolous'
By Pauline Repard. | JULY 16, 2013

“Yet today, instead of being able to merely mourn the loss of Maxie, my sister Nina Romano and I are dealing with a baseless lawsuit which has been filed against us,” the statement said.

“I have lost my only son and Nina has lost her only nephew. While we empathize with the Zahau family regarding their grief over the loss of Rebecca, for Nina and I to be named as parties to this frivolous lawsuit by the Zahau family is cruel and irresponsible. There is absolutely no truth to these allegations. Unfortunately, I have now been left with no alternative but to initiate significant measures to ensure the ongoing protection of myself, as well as my remaining family.”

http://www.utsandiego.com/news/2013/jul/16/zahau-shacknai-coronado-lawsuit/
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by vegret on Thu Nov 21, 2013 7:55 am

That woman is living in an alternate universe.

She says it's cruel and irresponsible? REALLY??? Accusing and stalking Rebecca and her family isn't cruel and irresponsible???

What's unfortunate is Rebecca was naive enough in trusting no harm would come to her from these crazed people.


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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by vegret on Thu Nov 21, 2013 2:59 pm

Oh, and I forgot to put in my above post "Accusing and stalking and MURDERING Rebecca....???"
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by HinkySD on Thu Nov 21, 2013 6:06 pm

It has been noticed that Dina has slowed down her roll. No parties or 'events' lately? Whatever could be the matter? Don't children-all-over-the-world need her and her friends to drink booze anymore?

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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by vegret on Mon Nov 25, 2013 12:51 am

^Probably someone (who hasn't been stroking her ego) told her to keep her lips from flapping and to lay low, otherwise she'd be burying herself with her insane ranting.

Why else would she be MIA?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by vegret on Mon Nov 25, 2013 12:53 am

Or...she's been been served a cease and desist?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Tue Nov 26, 2013 12:56 pm

HinkySD wrote:It has been noticed that Dina has slowed down her roll. No parties or 'events' lately? Whatever could be the matter? Don't children-all-over-the-world need her and her friends to drink booze anymore?

Lol, HinkySD!

2013 was the "Chateau Maxfield Wine Gala". They never posted on their website any information on the success of the fundraiser, nor how much was raised. (Not even any "thank you" comments...hmmm. I wonder why?) I also recall a "first annual" Halloween party, that was not followed by a "second annual" Halloween party.....I wonder why?

Could this be the next party/ fund raiser?

"Chateau Maxfield 2014: Le vin gala de payer mes avocats.... et aider les enfants!"  
(Wine gala to pay my attorneys.... and help children!)

Her nonprofit appears to be "dormant", and hasn't seen any action in nearly a year. Will be interesting to see if they followed through with filing their required tax forms. The financial data should be available to the public within a month or so if they did.
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Mrs. Holmes on Sun Dec 08, 2013 10:54 am

I hope we get good news on Monday. I sure want to know what happened on Friday.  
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by KZ on Sun Dec 08, 2013 4:53 pm

Mrs. Holmes wrote:I hope we get good news on Monday.  I sure want to know what happened on Friday.  
Did something actually happen Friday? The entry on the San Diego Register of actions is kind of confusing.

11/20/2013 OSC - Why Case Should Not be Dismissed scheduled for 12/06/2013 at 10:00:00 AM at Central in C-70 Randa Trapp was vacated.
https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml (search under case 47752)

I'm not an expert at legalese-- I could interpret this 3 different ways

- as the previously scheduled Dec 6 hearing was cancelled
- or that the OSC (order to show cause) was vacated, therefore the hearing was cancelled
- or that there WAS a Dec 6th hearing that did take place, because the OSC was vacated, so the case is moving forward

Does anyone know?
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by CuriousPortlander on Tue Dec 24, 2013 1:56 am


Spreckels/Shacknai mansion draws interest despite deaths

Price for historic Spreckels/Shacknai home in Coronado upped to $17.9 million after refurbishment
Noon Dec. 20, 2013

Snipped:
-----
As two tragic deaths fade from memory, the owner of the historic Spreckels mansion on Coronado’s Ocean Boulevard has raised the asking price to $17.9 million in reaction to sustained interest and limited supply of such properties.

...Aurich said the price was increased by $1 million in reaction to market demand.

The house is known locally for the accidental death in July 2011 of Max Shacknai, 6, son of owner Jonah Shacknai, and the apparent suicide two days later of Rebecca Zahau, 32, the owner’s girlfriend.

“You deal with it upfront with full disclosure,” Aurich said of the two incidents.
-----

Read more (2.5-page article):  http://www.utsandiego.com/news/2013/Dec/20/spreckels-mansion-suicide-listing/?#article-copy


Last edited by CuriousPortlander on Tue Dec 24, 2013 1:43 pm; edited 1 time in total (Reason for editing : fixed formatting)
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

Post by Lash on Tue Dec 24, 2013 9:47 am

I'm curious how Aurich concluded the awareness of the deaths has diminished in recent months? I disagree, I believe the interest in the deaths has peaked with the filing of the wrongful death suit that includes Jonah Shacknai's brother as a named defendant. The news of the WDS even went international. It was on the top 3 google search for over a week. Nope, interest has not diminished. Just patiently waiting for justice to prevail.

Snip-

State law requires a seller to disclose any death that has occurred on-site for the previous three years, regardless of cause. Aurich said he will continue that disclosure as long as he is the agent. But he said awareness of the deaths has diminished considerably in recent months.

“It is now at least further behind us, so that most people don’t have much concern or interest in it,” he said, and three serious parties are considering purchasing it.

http://www.utsandiego.com/news/2013/Dec/20/spreckels-mansion-suicide-listing/?#article-copy
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Re: Rebecca Zahau Found Dead at Historic Mansion 7/13/11 #2

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