Happy New Year 2017!

[Admin]

Hello all, and Happy New Year!

It's the Chinese Year of the Rooster-- lunar new year is January 28 this year!

I've been away from posting for a while due to some family issues, but hopefully I'll be around more now that things are settling down.

There is an ex-parte tomorrow (1/12) and another 1/17. There are usually some calendar changes or document entries following a successful ex-parte, so will check later this week to see if there is anything new.

Here is the most recent list of future events from the San Diego ROA:

01/12/2017 08:45 AM C-69 Ex Parte
01/17/2017 08:45 AM C-69 Ex Parte
02/10/2017 11:00 AM C-69 Motion Hearing (Civil)
05/19/2017 11:00 AM C-69 Motion Hearing (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
06/02/2017 10:30 AM C-69 Trial Readiness Conference (Civil)
06/23/2017 08:40 AM C-69 Civil Jury Trial

And the most recent entries:

495 01/10/2017 Ex Parte scheduled for 01/17/2017 at 08:45:00 AM at Central in C-69 Katherine Bacal.
494 01/06/2017 Notice - Other (**Notice of Apperance**) filed by Shacknai, Adam. Shacknai, Adam (Defendant)
493 01/06/2017 Ex Parte scheduled for 01/12/2017 at 08:45:00 AM at Central in C-69 Katherine Bacal.
492 01/06/2017 The Ex Parte was rescheduled to 01/12/2017 at 08:45:00 AM in C-69 before Katherine Bacal at Central.
491 12/28/2016 Ex Parte scheduled for 01/10/2017 at 08:45:00 AM at Central in C-69 Katherine Bacal.
490 12/28/2016 Motion Hearing (Civil) scheduled for 05/19/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
489 12/28/2016 The Motion Hearing (Civil) was rescheduled to 05/19/2017 at 11:00:00 AM in C-69 before Katherine Bacal at Central.
488 12/15/2016 Stipulation - Other - Fee Due (Stipulation and Protective Order - Confidential and Highly Confidential Designations) filed by Shacknai, Dina; Zahau-Loehner, Mary; Estate of Rebecca Zahau; Estate of Robert Zahau; Zahau, Pari Z; Shacknai, Adam; Romano, Nina. Shacknai, Dina (Defendant); Zahau-Loehner, Mary (Plaintiff); Estate of Rebecca Zahau (Plaintiff); Estate of Robert Zahau (Plaintiff); Zahau, Pari Z (Plaintiff) Stipulation and Protective Order - Confidential and Highly Confidential Designations

#494 Notice of Appearance is only 4 pages, and usually there isn't anything pertinent in those notices, so I didn't purchase.

#488 is 21 tedious pages of essentially definitions and rehashing of what "confidential" and "highly confidential" mean in legalistic terms-- nothing of serious interest there. (Meaning, there is nothing even remotely confidential in the document.) If anyone wants to see it, will post.

[Admin]

I noticed in the local newspaper today that Jonah (or whomever actually owns it) put Spreckel's mansion back on the market. In the neighborhood of $15+ million. I guess they think enough time has passed that prospective buyers won't know or care about the fact that they are moving into a crime scene

Holy cow! On the market again!

Thanks for finding that, BBL! Bringing your link over from the other discussion site:

http://www.nbcsandiego.com/news/local/Spreckels-Mansion-Coronado-San-Diego-for-Sale-Again-2017-409709075.html

Aurich said the tragic events in the home’s recent history do not impact the property’s value. He said the home’s impressive architectural design and prime location in Coronado cannot be overlooked, despite what happened there.

Ummm.....yeah, ok. No impact at all on the property's value. (?)

How Homicide Affects Home Values
A violent crime in your neighborhood could kill your home's sale price.

A home’s proximity to the scene of a crime can be a deal-breaker for many homebuyers. Whether you’re choosing to sell your home to get away from rising crime rates, a recent homicide has left you feeling uneasy about the area or there have been reports of violence nearby, you may end up selling your home for less.

But by how much, exactly? Last month, Finder.com took the results of a University of Technology Sydney study that found home prices in Sydney, Australia, decrease by about 4.4 percent if they’re located within 0.2 miles of the scene of a homicide for a year following the crime. Finder.com applied the change to American murder rates, and calculated how much homes in the U.S. lose due to the drop in value. According to the results, the nationwide housing market loses an estimated $2.3 billion each year from property devaluation due to homicides.

A lot of that loss in property value comes after news of a crime spreads locally, often developing an aversion to the neighborhood from others who live in the city. “It all comes down to the psychological impact of the residents in the local area of where the homicide has occurred,” says Finder.com CEO Fred Schebesta. If you’re looking to sell your home, and it’s near the scene of a recent crime, or worse, is the scene of a crime, prepare for some difficulty selling it.

http://realestate.usnews.com/real-estate/articles/how-homicide-affects-home-values/

Very interesting article! Apparently, if you own a home in Arizona, by law you don't have to disclose that a violent crime occurred there when listing it for sale.

For properties on which a reported violent crime has occurred, Bailey says state disclosure laws play a big part in the valuation. “In Arizona, that’s one of the things that the seller wouldn’t have to disclose," Bailey says, "So that’s going to make a big difference as far as what the stigma level’s going to be, because the buyer might not even know about it.”

Wait a year. A recent crime will be fresh on the lips of the locals and in the news, but the negative attention to the area won’t last forever.

After a year, it’s reasonable to assume people will forget, or at least no longer be gossiping about, the neighborhood. “The psychological impact of the homicide in the area will dissipate, because people tend to forget things and new people move into the area,” Schebesta says.

It’s no guarantee notoriety will disappear entirely, but the crime’s effect on your home price could be less detrimental, Bailey says. “The longer that you hold [the home], the less [the stigma] is going to be,” he says.

Prepare for gawkers. It’s a sad fact that when a property gets a lot of coverage for a horrific crime, there are people who will want to take a look

.

Condrey says the house in Phoenix where Jodi Arias murdered Travis Alexander received significant attention when the trial started – much to the dismay of the new homeowners. Arias is currently serving a life sentence for the 2008 murder of her ex-boyfriend. The trial received widespread attention as a result of being aired on television.

“These homes are now tourist attractions. Like it or not, it’s the truth – especially the more tragic it is,” Condrey says.

[Imp]

Imo, just as Jonah's quickie renovation and transfer of ownership of Spreckels was suspicious as all get-out, so is his timing putting the thing back on the market. Me thinks he wants his death house out of his life before the media starts talking about the upcoming trial. Jonah has seemed desperate from day 1 to disassociate himself from the whole "mess" of Max's accident and Rebecca's murder. Definitely not a stand-up guy, that one. My creepy meter has been pegged since I first saw a picture of him. Ick.

[BBL]

I completely agree he wants out before a trial. And, part of me thinks that they want it sold so that it couldn't become "part" of the trial. Since Jonah still owns it, they might ask to visit the murder scene. I know that it was said that Jonah sold, but didn't we find out that he was part of the investor group? That was all so sneaky that something had to be behind the very quick renovation and "sale". $15MM is around the original asking price when the investment group purchased for around $9MM. Tidy little profit.

[Imp]

@BBL: If I remember correctly, according to Inparadise, the house was sold to some sort of holding of Jonah's, or some entity he is a part of. Seemed to me at the time like an attempt to get his name off it, since it wasn't looking like it would sell quickly (and why would it?). Jonah was and apparently still is all about distancing himself from the whole "sordid mess" of his son's and girlfriend's deaths.

Very interesting thought about the house becoming "part" of the trial. Can you imagine the jury asking for a tour of the courtyard where Rebecca's naked body lay in full view for what was it ... 12 hours ... in the sun? If I were a juror, I'd sure be wondering how they could arrive at any sort of conclusion on manner of death when they let her lay out there all day, with evidence degrading.

Not to mention getting an up-close look at the balcony she supposedly hopped out to so she could throw herself over the iron railing while bound and gagged. Please. Just preposterous.

[Admin]

Imp, I don't think that a judge would approve for a jury to take a field trip to Spreckels, because of the extensive renovations that were (conveniently) done. IIRC, the courtyard is not at all the same, with a large pool installed where Rebecca's body lay, among other complete renovations.

[Admin]

I'm guessing the June 23 jury trial date has to be moved again, because now there are Discovery hearings listed on the ROA for June 30.

05081/17/2017 08:45 AM C-69 Ex Parte
02/10/2017 11:00 AM C-69 Motion Hearing (Civil)
03/10/2017 11:00 AM C-69 Motion Hearing (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
06/02/2017 10:30 AM C-69 Trial Readiness Conference (Civil)
06/23/2017 08:40 AM C-69 Civil Jury Trial
06/30/2017 11:00 AM C-69 Discovery Hearing
06/30/2017 11:00 AM C-69 Discovery Hearing

508  01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
507 01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
506 01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
505 01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
504 01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
503 01/13/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal.
502 01/13/2017 Statement - Other (of Adam Shacknai RE Discovery Dispute) filed by Shacknai, Adam. Shacknai, Adam (Defendant) of Adam Shacknai RE Discovery Dispute
501 01/12/2017 Minutes finalized for Ex Parte heard 01/12/2017 08:45:00 AM. Minute Order

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

Case Number: 37-2013-00075418-CU-PO-CTL

#502 is a 12 page doc:
STATEMENT OF DEFENDANT ADAM
SHACKNAI RE DISCOVERY DISPUTE
RE (1) PLAINTIFFS’ RESPONSES TO MR.
SHACKNAI’S FIRST AND SECOND SETS
OF DISCOVERY TO PLAINTIFFS AND (2)
EXPERT DISCOVERY

Basically AS saying he can't file for summary judgement March 3 because Plaintiffs haven't answered his interrogatories satisfactorily.  Will get this posted in documents thread.

[Imp]

@Admin: I didn't know about the pool in the courtyard! All I can hear in my head as I type this is the Church Lady from Saturday Night Live saying, "Well isn't that special."

[Admin]

@Admin: I didn't know about the pool in the courtyard! All I can hear in my head as I type this is the Church Lady from Saturday Night Live saying, "Well isn't that special."

Some details here-- there are other sites with more pics. Also interesting is the price history of the sales of the property.

http://patch.com/california/coronado/coronado-san-diego-real-estate-spreckels-mansion-hitsb4a7a06309

http://www.sandiegouniontribune.com/business/real-estate/sdut-spreckels-mansion-suicide-listing-2013dec20-htmlstory.html

[Lash]

Added ROA 502

Zahau attorney Greer is active on Twitter and has been tweeting about the case.

Twitter - Keith Greer @greerlawyer

[Imp]

Thanks Lash! Following!

[Imp]

@Admin: I didn't know about the pool in the courtyard! All I can hear in my head as I type this is the Church Lady from Saturday Night Live saying, "Well isn't that special."

Some details here-- there are other sites with more pics. Also interesting is the price history of the sales of the property.

http://patch.com/california/coronado/coronado-san-diego-real-estate-spreckels-mansion-hitsb4a7a06309

http://www.sandiegouniontribune.com/business/real-estate/sdut-spreckels-mansion-suicide-listing-2013dec20-htmlstory.html

Indeed, the price history is interesting!

1979: $800,000
1982: $1.25 million
1986: $1.275 million
2007: $12.75 million (Jonah's purchase)
2013: $9 million (Jonah's "sale")
2017: $17.9 million

[BBL]

Can anyone lend insight into why the Zahaus are avoiding Adam's deposition? I'm a little lost on that one.

[BBL]

I'm tempted to join twitter just so I can follow. Let us know if you read anything interesting!

[Admin]

I'll bring a couple of Greer's recent tweets about the RZ case here:

Keith Greer ‏@GreerLawyer  Jan 9
#HappyMonday @warpony2310 @TheRobyCompany @Gary_C_King  Please help us find other Zahau murder witnesses by tweeting comments and questions

Keith Greer ‏@GreerLawyer  4 Dec 2016
The Rebecca Zahau wrongful death jury trial is set for June 23, 2017, San Diego Superior Court, Dept. 69. #RebeccaZahau #JusticeforRebecca

https://twitter.com/greerlawyer

[Imp]

He's publicly looking for additional witnesses? That's not encouraging. I guess he may be hoping to flush someone out? Let's hope LuLu doesn't find his Twitter account. She'll have a field day.

[Imp]

Very weird that suddenly LuLu mentions Greer's Twitter at WS. Is there any way for her to find this site?

[Admin]

Can anyone lend insight into why the Zahaus are avoiding Adam's deposition? I'm a little lost on that one.

In document 502, we learn that the Plaintiffs have declared and identified NINE expert witnesses. That's an interesting factoid, and it's encouraging, IMO. (AS identified 6; DS identified 2.) There are still some details to be worked out for the expert depositions, according to doc 502, and I'm confident that will come together soon. We can't possibly know what the scheduling disputes are at this point, except that AS's attorneys think it should be happening faster, and plaintiffs have offered Feb 12 as the week one may be available.

I personally don't put any faith in the continuous back and forth whining in filed documents over scheduling, hearings, etc. One side always says the other is delaying for a nefarious purpose, and to derail the case moving forward. It's a tango, not a waltz!

[Admin]

Very weird that suddenly LuLu mentions Greer's Twitter at WS. Is there any way for her to find this site?

Sure. I'd be surprised if she didn't. She's pathologically obsessed at finding every place she can to act out on her vindictiveness and hatred toward dead Rebecca, and viciously attack anyone who supports Rebecca and her family.

Posting here is a privilege, and membership of posters is open to those invited. This is a privately hosted site; not a forum open for unrestricted "freedom of speech". Trolls are not welcome, and will not be tolerated.

Hope that helps!

[Imp]

@Admin: Well, I'm glad she can't post here. The venom she spews at WS needs to stay there. Agree she's pathologically obsessed. And her obsession seems to continue to gather steam, which is beyond strange, since the passage of time usually settles people down. But not LuLu. She seems to be trying to brutally re-murder Rebecca with every post. She could benefit from some psych counseling, I think.

[BBL]

Can anyone lend insight into why the Zahaus are avoiding Adam's deposition? I'm a little lost on that one.

In document 502, we learn that the Plaintiffs have declared and identified NINE expert witnesses. That's an interesting factoid, and it's encouraging, IMO. (AS identified 6; DS identified 2.) There are still some details to be worked out for the expert depositions, according to doc 502, and I'm confident that will come together soon. We can't possibly know what the scheduling disputes are at this point, except that AS's attorneys think it should be happening faster, and plaintiffs have offered Feb 12 as the week one may be available.

I personally don't put any faith in the continuous back and forth whining in filed documents over scheduling, hearings, etc. One side always says the other is delaying for a nefarious purpose, and to derail the case moving forward. It's a tango, not a waltz!

Thank you! I worry that this is being dragged out because the defense doesn't feel the heat. I choose to believe that the twitter posts are trying to flush someone out. I live in Coronado. We don't hear anything about this anymore. People seem to just think it went away. When the sale was announced, the head-shaking started up again. No one believes is was suicide and everyone think a murderer got away. Maybe the twitter comments will help stir the pot and keep the heat on? I always wondered what happened to Detective Tilsdale (sp?). We need a whistle blower!

as for LL and twitter... my guess is that she's got Google alerts going on any mention of this case.

[Admin]

Many new entries on the ROA after today's ex-parte. As I suspected, the trial date will have to be rescheduled. #514 below vacates the trial date of June 23. The hearing for June 30 is now cancelled as well. the February discovery hearing, and summary judgement date has been moved/ vacated, as well. NO documents up yet, but I expect the minutes will be up tomorrow, or later today.

521 01/17/2017 Minutes finalized for Ex Parte heard 01/17/2017 08:45:00 AM.
520 01/17/2017 Discovery Hearing continued pursuant to party's motion to 03/10/2017 at 11:00AM before Judge Katherine Bacal.
519 01/17/2017 Summary Judgment / Summary Adjudication (Civil) continued pursuant to Court's motion to 06/09/2017 at 01:30PM before Judge Katherine Bacal.
514 01/17/2017 Civil Jury Trial scheduled for 06/23/2017 at 08:40:00 AM at Central in C-69 Katherine Bacal was vacated.
513 01/17/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal was vacated.
512 01/17/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal was vacated.
511 01/17/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal was vacated.
510 01/17/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal was vacated.
509 01/17/2017 Discovery Hearing scheduled for 06/30/2017 at 11:00:00 AM at Central in C-69 Katherine Bacal was vacated.

[Admin]

Can anyone lend insight into why the Zahaus are avoiding Adam's deposition? I'm a little lost on that one.

In document 502, we learn that the Plaintiffs have declared and identified NINE expert witnesses. That's an interesting factoid, and it's encouraging, IMO. (AS identified 6; DS identified 2.) There are still some details to be worked out for the expert depositions, according to doc 502, and I'm confident that will come together soon. We can't possibly know what the scheduling disputes are at this point, except that AS's attorneys think it should be happening faster, and plaintiffs have offered Feb 12 as the week one may be available.

I personally don't put any faith in the continuous back and forth whining in filed documents over scheduling, hearings, etc. One side always says the other is delaying for a nefarious purpose, and to derail the case moving forward. It's a tango, not a waltz!

Thank you! I worry that this is being dragged out because the defense doesn't feel the heat. I choose to believe that the twitter posts are trying to flush someone out. I live in Coronado. We don't hear anything about this anymore. People seem to just think it went away. When the sale was announced, the head-shaking started up again. No one believes is was suicide and everyone think a murderer got away. Maybe the twitter comments will help stir the pot and keep the heat on? I always wondered what happened to Detective Tilsdale (sp?). We need a whistle blower!

as for LL and twitter... my guess is that she's got Google alerts going on any mention of this case.

I agree, BBL-- I don' think Greer is just randomly fishing for witnesses. I think he has something specific in mind with that tweet.

Detective Angela Tsuida was directing the murder investigation of the scene inside the home when she was abruptly pulled off the case. It would be interesting if she emerges again in some capacity. I've always thought her investigation and input was significant, and have had questions about why she was pulled off the case.

[Admin]

From the Minute Order from yesterday:

**And note that the reason the trial is being re-scheduled is due to a personal family occasion conflict by one of the attorneys.

Now being the time previously set for hearing Adam Shacknai's ex parte regarding discovery disputes re
(1) Plaintiffs' Responses to Mr. Shacknai's First and Second sets of Discovery to Plaintiffs and (2) Expert
Discovery.
Attorney Enns requests that the recently scheduled discovery hearings be advanced.
Attorney Greer informs the Court that he is willing to provide verified responses and does not oppose
advancing Adam Shacknai's discovery hearings but requests that it be advanced to a date that would
allow him to produce the requested discovery before his pleading in opposition is due.
The Court informs Attorney Enns that she can advance her hearing dates to 3/102017. Attorney Enns
states that she needs the discovery before Adam Shacknai's Motion for Summary Judgment.
Attorney Greer states that Attorney Brad Matthews, who is not present, has a family reunion in the
middle of the currently scheduled trial and will want to continue the trial.
The Court directs counsel to meet and confer and send a stipulation for continuance of trial.
The Court continues Adam Shacknai's Motion for Summary Judgment, finding good cause to schedule
within 30 days of trial, understanding that trial is likely to be continued by stipulation of parties.
Adam Shacknai's Summary Judgment is continued pursuant to Court's motion to 06/09/2017 at
01:30PM before Judge Katherine Bacal.

The Court consolidates Adam Shacknai's discovery motions and advances the consolidated hearing as
follows:
Adam Shacknai's Discovery Hearing is advanced pursuant to party's motion to 03/10/2017 at 11:00AM
before Judge Katherine Bacal.
The Court will allow 1 separate statement in support of the motion and the page limit of pleadings
increased to 20 pages for moving and opposition.
Attorney Greer informs the Court that he is going to be asking for leave to amend the complaint.
Attorney Enns states that Adam Shacknai will oppose the request for leave to amend.

https://roa.sdcourt.ca.gov/roa/faces/userdocs/393b67a03d76208bad954829bfc3/37-2013-00075418-CU-PO-CTL_ROA-521_01-17-17_Minute_Order_1484776607275.pdf

[Admin]

New entry late today on ROA.

522 01/17/2017 Notice of Ruling filed by Shacknai, Dina. Shacknai, Dina (Defendant) Notice - Other

Here is the relevant portion:

TO ALL PARTIES AND THEIR ATTORNEY'S OF RECORD:
Please take notice that on January 12, 2017 at 8:45 a.m., the Ex Parte Application made by
Defendant, Dina Shacknai to advance the hearing date on her motion for sanctions against Neil
Nalepa came for hearing before the Honorable Katherine Bacal. Appearances were made on behalf
of Plaintiffs and Defendant, Adam Shacknai. No appearance was made on behalf of Neil Nalepa.
After consideration of the moving papers and argument, the Court granted the motion to advance
the May 19, 2017 hearing on Defendant, Dina Shacknai's Motion for Sanctions against Neil
Nalepa for His Failure to attend the Court Ordered Deposition. The new hearing date is as follows:
March 10, 2017
11:00 a.m.
Department C-69
San Diego Superior Court
330 West Broadway
San Diego, CA 92101
10
12
Dated: January 17, 2017 SCHUMANNi ROSENBERG

No attorney is listed for NN-- he's listed as an individual in the notices. He now has an address in Colorado. Interesting. He appears to have blown off DS and her attorneys. Must think he has nothing to lose by doing that, since he's not a plaintiff or defendant. Will be interesting to see if the court sanctions him, and what the sanctions are. (Do I remember that he applied for an order of protection a long while back? Or am I remembering that wrong?)

I suppose NN could be fined. But as he is not a plaintiff or defendant, I'd think the fine would be rather nominal. (And possibly less $$ than hiring an attorney to fight the deposition subpoena.) NN has no skin in this game. He stands neither to gain nor to lose based on the outcome of the case.

If I understand the legal stuff correctly, DS would have to allege that NN somehow had some kind of evidence that would exonerate her from the allegations of wrongful death in discovery, and I just don't see how that argument could be made. Maybe I'm wrong-- who knows.

He could be held in contempt of court, but as this is a civil case (not a criminal case), I'd think it would be extremely unlikely that California would put out a warrant for his arrest in Colorado, or something. At best he might get a fine. Be interesting to see how this all shakes out!

Also wanted to mention that the attorney who has the family reunion conflict during the previously scheduled trial week is one of Dina's attorneys, Bradley Matthews. lol. I just find that kind of funny, given how many months the trial date has been on the schedule! That's been on the calendar more than 6 months, I'm sure of it. Maybe closer to a year. But suddenly, he notices that he has this "family reunion" thing, and wants the whole court system to change their schedules to accommodate his event. SMH.

She has 2-3 other attorneys-- this isn't her lead attorney. Why can't the other attorneys do the trial? Why would a judge reschedule for that? Makes no sense to me.

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