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July 20, 2015 - Robson and Safechuck demurrer hearing

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Robson v. Estate
20 July 2015
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Over the last few weeks, there have been few developments in Robson (civil) and Safechuck (probate claim) cases. First, the hearing date for all active issues (civil demurrer, probate demurrer and motion to quash) has been consolidated to July 20,2015. Previously they were spread out at June 30, July 8 and July 13. Documents show that lawyers for both sides had conflict with some of the dates so they agreed to consolidate it all to July 20.

On July 20 hearing, Judge will hear arguments for 3 matters.

First matter is the demurrer for Robson civil case against MJ companies. I previously wrote a detailed post explaining all the developments for that demurrer. You can find the link here: Robson Civil Case: Demurrer for the Third Amended Civil Complaint.

Second matter is a motion to quash filed by Robson. As I reported previously, Estate has served subpoenas to three doctors (2 treating physicians and a doctor retained to write the required certificate of merit) related to this case. Estate asked: entire file for Robson, billing records for Robson, date of every appointment, any medical records and notes, all communication between the doctors and Robson/Robson lawyers and anything in the possession of the doctor related to MJ. Robson lawyers have filed a motion to quash the subpoena served to the doctor that was hired by Robson's lawyers and provided the certificate of merit. They state they would use that doctor as an expert witness and expert witness depositions/ testimonies are only exchanged before a trial.

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MJ Estate Fourth Accounting - Document & Summary

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Estate
02 July 2015
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Thanks to our friends at LA, I was able to get the MJ Estate Fourth Accounting.

You can find my summary of the fourth accounting below. Document is linked below (I omitted the first few pages as they are pretty much the same as the previous accounting documents summarizing MJ Estate. )

MJ Estate Fourth Accounting document : https://www.scribd.com/doc/270231894/Mj-Estate-4th-Accounting

 

Summary of MJ Estate Fourth Accounting

Fourth accounting period covers January 1, 2013 to December 31, 2013. (First accounting covered June 2009 to October 2010, second accounting covered November 2010 to December 2011 and third accounting covered January to December 2012).

From third accounting we know that MIJAC debt is fully paid. No property was sold during the fourth accounting period.

Estate is not in a position to be closed yet. Executors are asking for administration of the Estate to be extended for one more year.

Inventory, assets and business activities are same as the previous accounting documents. There are still several probate claims against Estate that are ongoing. Estate tax dispute with IRS is another legal matter Estate needs to resolve as well.

Schedule D shows net income from trade or business during third accounting period (Jan 2013- Dec 2013) at $40,333,827. (Gross income is $67,407,156).

 

Payments to Katherine and MJ’s kids are as follows (Jan 2013 - Dec 2013)

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Robson Civil Case: Demurrer for the Third Amended Civil Complaint

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Robson v. Estate
19 June 2015
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** Updated June 26, 2015. Scroll down to read the updated section (title highlighted in red)

You probably heard Robson’s late probate claim against MJ Estate has been recently dismissed. However he also has a civil case against MJ Companies. Civil case has been initially brought against Doe defendants. In his second amended complaint Robson named Doe 2 and Doe 3 as MJJ Productions and MJJ Ventures. Estate demurred to the second amended complaint. Judge granted that demurrer request of the corporate defendants but gave Robson the chance to amend his complaint. Robson served his third amended complaint on December 16, 2014. However the online court system doesn’t show this document and therefore we don’t know much about the changes Robson made to his third complaint.

Once a complaint is filed, the legal steps to follow are (1) a demurrer motion (by estate), (2) an opposition to demurrer (by Robson), (3) a reply to opposition (by Estate), (4) a hearing and (5) a ruling by the judge. You will find details of each of these steps and I will update this post with more information as it becomes available.

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Judge’s ruling dismissing Robson’s late probate claim against MJ Estate

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Robson v. Estate
29 May 2015
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Ruling can be found here: https://files.acrobat.com/a/preview/16e893f7-cb8d-488b-9b09-d35207848ae7

Before discussing judge’s ruling, I want to remind everyone that during demurrer/ summary judgment judge’s duty is not to determine credibility of Robson’s claims and/or innocence of MJ. This summary judgment is focused on Robson’s late probate claim and if any reason exists to allow the late probate claim. Furthermore during demurrer/summary judgment by law judge is required to accept everything Robson is saying as true and/or approach to everything presented in a way that is most favorable for Robson.

It is undisputed that Robson have filed a late claim against MJ Estate. First judge addresses time limits to bring a creditor claim against an Estate.

Probate rule 9103 (1) states a creditor can file a claim “within 60 days after the creditor has actual knowledge of the administration of the estate”. Robson claimed he did not know about the administration of the Estate until he went and talked to his lawyers. Judge rejected Robson’s argument and in his ruling states that Robson had “actual knowledge of administration of the Estate in February 2011(or at the latest sometime in the last quarter of 2011)”. From previous documents we know this is the time Robson met with Branca – Executor of MJ Estate – to discuss working on Cirque Immortal show.

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More Articles ...

  1. MJ related lawsuit updates – May 2015
  2. Keeping track of Robson and Safechuck cases – September 2016 Update
  3. Round 2 at Robson Civil Case
  4. MJ related lawsuit updates – February 2015
  5. Exclusive: Selling Neverland was the goal of Colony Capital and MJ all along
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