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1 C. Keith Greer, Esq. (State Bar No. 135537) (SPACE BELOW FOR FILING STAMP ONLY)
GREER & ASSOCIATES, A.P.C.
2 17150 Via Del Campo, Suite 100
San Diego, California 92127
3 Telephone: (858) 613-6677
Facsimile: (858) 613-6680
4
Frederick Gaston Esq. (State Bar No. 231179)
5 GASTON & GASTON, thA.P.L.C.
1010 Second Avenue, 24 Floor
6 San Diego, CA 92101
Telephone: (619) 398-1882
7 Facsimile: (619) 398-1887
8 Attorneys for Plaintiffs,
ROBERT ZAHAU, deceased,
9 ESTATE OF ROBERT ZAHAU,
MARY ZAHAU-LOEHNER,
10 and PARI Z. ZAHAU
11
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1 (l) during the course of the conspiracy to murder REBECCA, each of the
2 Defendants also kept watch to avoid detection and removed evidence of the
3 acts which they committed, including wiping down objects they had touched
4 in order to remove DNA and finger prints; and
5 (m) as a further ploy to cover up their wrongdoing, and in furtherance of their
6 common scheme, Defendants painted the following words on the inside of
7 door near the balcony where she was left hanging:
8 SHE SAVED HIM
9 CAN YOU SAVE HER
10 11. On the morning of July 13, 2011, REBECCA was found dead, naked,
11 bound and gagged, with a rope noose around her neck. Her cause of death was
12 asphyxiation, which was caused by either manual strangulation before she was
13 hanged, or from being hanged with a rope noose around her neck from the second
14 story deck of the Coronado vacation home at which she was staying. The Coroner
15 for the County of San Diego determined that she died on that date.
16 12. Each of the Defendants named herein were present at the location where
17 the murder of REBECCA occurred and all of them actively participated in the
18 planning, implementation, execution and subsequent concealment of the scheme to
19 murder REBECCA. Because the only individuals who know the true facts and
20 sequence of events with absolute certainty are the decedent REBECCA and the
21 Defendants themselves, the allegations made herein are made on information and
22 belief based on the evidence that has been uncovered to date. Plaintiffs intend to
23 seek leave to amend the Complaint as additional facts are developed and uncovered
24 during the course of discovery.
25 ALLEGATIONS OF SPECIFIC ACTS
26 ATTRIBUTED TO EACH DEFENDANT
27 13. Due to DINA’s prior incidents of confronting and threatening
28 DECEDENT, DINA’s prior history of being unable to control her anger, her
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1 ridiculing and publicly demeaning the DECEDENT for allegedly causing harm and
2 the eventual death of DINA’s six-year-old son, Maxfield, as well as her extreme
3 jealousy over the DECEDENT’s relationship with her ex-husband, Jonah Shacknai,
4 Plaintiffs allege, based in further part on an eye witness report placing DINA at the
5 1040 Ocean Boulevard residence the evening of the murder, that on the evening of
6 July 12, 2011, DINA aggressively confronted the DECEDENT at the Ocean
7 Boulevard residence, along with her sister, NINA. This confrontation arose from an
8 accident the prior day when DINA’s son Maxfield fell over a second floor railing at
9 the Ocean Boulevard residence, causing him brain damage and eventually his death
10 on July 16, 2011. DECEDENT was babysitting Maxfield at the time of the fall.
11 14. Plaintiffs allege, based in part on the mud found on DECEDENT’s feet
12 and four subgaleal hemorrhages on the back right side of her head, that in response
13 to the aggressive confrontation from Defendants DINA and NINA, DECEDENT,
14 fearing for her safety, attempted to flee the residence. However, before DECEDENT
15 could evade her attackers, she was struck four times on the back of the head with a
16 blunt object by DINA, rendering her unconscious. Plaintiffs believe that at this time,
17 ADAM, who had taken an Ambien earlier in the evening and was sleeping in the
18 guest house at the residence, was awakened by the commotion and came to the
19 scene.
20 15. Once confronted with the reality that DECEDENT would eventually
21 regain consciousness, and thereafter probably disclose information about this
22 incident and possibly other information of a personal nature that could cause public
23 humiliation and embarrassment to Defendants and Jonah Shacknai (i.e., the ex-
24 husband of DINA, father of Maxfield, brother of ADAM and the boyfriend of the
25 DECEDENT), the Defendants entered in to a conspiracy and common scheme to
26 murder the DECEDENT and hide their involvement.
27 16. Due to the lack of markings on her body evidencing her being dragged
28 back into the house, Plaintiffs allege that ADAM carried the DECEDENT back into
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1 the house. Based on the facts that DECEDENT was found naked and the clothing
2 she was wearing on that date was not found at the scene of the murder, Plaintiffs
3 allege that once inside the residence, the Defendants stripped off her clothing. Based
4 on the tape residue found on DECEDENT’s legs, and the fact that no tape with
5 similar adhesive was found at the scene, Plaintiffs allege that the Defendants first
6 restrained DECEDENT with tape, and gagged her, while they were devising and
7 planning the rest of the scheme, and later removed the tape from the scene.
10 residence, and thus was familiar with where to find items necessary to further the
11 scheme, including, inter alia, the ski rope used to bind and hang the DECEDENT.
12 18. The final scheme agreed to that evening by the Defendants involved
13 binding DECEDENT’s hands (behind her back) and ankles with rope they found at
14 the residence. Plaintiffs allege that based on the knots having nautical qualities and
15 ADAM being a tug boat captain with experience tying nautical knots, that ADAM
16 bound the DECEDENT. Plaintiffs further base this allegation on the fact that the
17 ropes had the same black paint residue found on DECEDENT’s nipples, thus
18 implicating the person who tied the knots as the person who also pinched the
20 on his cell phone that evening, the further inference being that the two instances of
21 sexual behavior are consistent with ADAM’s state of mind that evening. The
22 Defendants also placed a blue t-shirt around her neck and stuffed it in her mouth,
23 using it as a gag to both muffle her screams and cover up any marks that would
25 commonly occurs with strangulation and is unlikely to occur with a hanging, and
26 the amount of strength needed to create such injury, Plaintiffs allege that in the early
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1 cryptic message on the door outside the room where the murder was committed. The
2 message was painted using black paint at a height that is consistent with an
3 individual who is approximately the height of ADAM. The message read: “SHE
4 SAVED HIM. CAN YOU SAVE HER.”
5 20. ADAM, based on black paint residue found on the noose, then
6 tightened the noose around the neck of the DECEDENT and attached the rope to the
7 base of the bed. ADAM then picked up REBECCA, then threw her over the edge of
8 the adjacent balcony. Either DINA or NINA was sitting on the bed to which the
9 rope was secured, to ensure that the bed remained anchored to the floor as
10 evidenced by the bed having moved less than a foot. While the scheme was being
11 perpetrated, Defendants DINA and NINA also acted as look outs to avoid detection
12 and encouraged ADAM to commit the acts alleged herein. Although each of the
13 Defendants was in part responsible for putting the DECEDENT in harms way, none
14 of them made any effort to help her or to save her from the injuries that eventually
15 resulted in her death.
16 21. The Defendants were careful to remove any evidence of their
17 involvement, including the disposal of the tape and REBECCA’s clothes. Once the
18 staging was complete, the Defendants fled the scene, instructing ADAM to call the
19 police in the early morning with claims of suicide.
20
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1 Premises. Each of the defendants had his/her own motives for committing these
2 wrongful acts, including anger and revenge against REBECCA arising from the
4 to NINA and daughter to DINA, while REBECCA was taking care of him two days
5 before she was murdered. In addition, Defendant DINA SHACKNAI was extremely
7 her now deceased son, Maxwell. The Defendants were further motivated to silence
8 REBECCA in order to keep her from disclosing matters that could prove extremely
10 24. Each of the acts alleged herein were done with a wanton, reckless
11 disregard for the rights of the DECEDENT and with the full knowledge that she
14 conduct, REBECCA sustained severe and serious injury to her person, which was
16 26. By the performing the acts and/or omissions set forth above,
17 Defendants, and each of them, wrongfully and proximately caused the death of
18 REBECCA.
20 death of REBECCA, Plaintiffs PARI and ROBERT ZAHAU have been injured and
21 suffered damages resulting from the loss of comfort, society, attention, services and
23 Plaintiffs were also financially dependant on REBECCA and thus were also
24 damaged by the loss of financial support they were receiving from REBECCA at the
27 negligence, Plaintiffs incurred funeral and burial expenses in and amount according
28 to proof at trial.
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1 29. Pursuant to C.C.P. Sections 377.60 and 377.61, Plaintiffs have brought
2 this action, and claim damages from said Defendants for the wrongful death of
5 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each for
6 them, as follows:
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