At the end of January 2017, Judge Beckloff ruled on Estate’s demurer to Safechuck’s second amended complaint. Judge granted Estate’s demurrer but gave Safechuck another chance to amend his complaint. Although we have been through this successful demurrer by MJ Estate followed by another amendment dance before, this time is significant because this is the first time that the judge evaluated the new claims by the new lawyers. Beckloff’s ruling sounds so promising as he questions almost everything Safechuck and his new lawyers claimed. Simply put, Judge Beckloff isn’t buying any of it.

Judge’s ruling on MJ Estate’s demurrer to Safechuck’s second amended complaint:

A summary of the judge’s ruling can be found below:

Ruling shows that Judge Beckloff mainly focused on is the issue of control. According to the law, Safechuck is required to show that the MJ Companies had control over Michael and prior knowledge of wrongdoing. MJ Estate demonstrated that Michael was the 100% shareholder/ owner/ president of the MJ Companies. Safechuck admitted this was the case and Michael had control over the companies’ activities.

Judge points out that there were no claims in Safechuck’s complaint that someone controlled the 100% shareholder / owner/ president Michael.  Judge states although some of the MJ Companies employees were mentioned, none of them were alleged to have control over Michael. For example Jolie Levine was mentioned as a managing agent of the MJ Companies but there was no allegations that she had the ability to control Michael. Furthermore the complaint did not allege that she had any knowledge of any “abuse”. In his ruling Judge repeatedly brings up the control issue and states as a matter of law the MJ companies did not have the ability to hire, fire or supervise their sole shareholder / owner and president Michael.

In our first post, we discussed how Wade Robson and his partners in crime are deliberately withholding evidence, or worse, getting rid of evidence and therefore denying the estate from a productive discovery. In this article we are going to review a 264-page-long document that was filed in support of the Estate’s motion.In the document there are 42 exhibits altogether however unfortunately, the majority of the exhibits are sealed. Nonetheless, what we can see already reveals some interesting things. The document includes a couple of emails between Wade Robson, his mother and other parties, extracts from both Wade and Joy Robson’s depositions, some email correspondence between Robson’s and the Estate’s lawyers regarding discovery matters, and a log file Robson’s lawyers provided of Robson’s emails that they consider privileged.

From Exhibits Robson Emails :

From Exhibits Excerpts of Wade and Joy Robson Depositions:

Joy Robson: “Wow. None of that is true…”

In our article about the Estate’s motion to compel we already mentioned an email exchange between Wade Robson and his mother Joy Robson on February 15, 2016. In this email Wade Robson asks his mother about a story by a security guard to which Joy Robson replies “Wow. None of that is true…” This e-mail is included among the exhibits and now we can confirm that our suspicion that it was about Charli Michaels’ claims was correct. Moreover, it is the EXACT same story, almost verbatim, that Robson uses in his latest amended complaint filed in September 2016 as we have shown in our previous post. (Link)

As reported in the previous update, Judge ruled on first Safechuck demurrer on August 2016. Judge granted Estate’s demurrer request but also gave Safechuck the chance to amend his complaint.

The new lawyers that represent Robson, Safechuck and Jane Doe amended both Robson and Safechuck complaints adding claims of intentional infliction of emotional distress, negligence, negligent supervision, negligent retention/hiring, negligent failure to warn, train or educate and breach of fiduciary duty.

Very quickly Estate filed a second demurrer to Safechuck’s amended complaint. Below you will find a short summary. You can read the scanned document here :

Estate argues that Safechuck failed to list valid causes of action in his complaint. Even from the start Estate points to the obvious - how Safechuck (plus Robson and Jane Doe of course) tries to make this all about the MJ Companies to keep their lawsuits alive. safchuckdemurrer1

On December 27, 2016 The MJ Estate filed a motion to compel Wade Robson to produce essential documents. This motion gave us a first detailed look into the discovery phase and one thing is certain - time after time, Wade Robson is blatantly and desperately lying to withhold discovery from MJ Estate. From manipulating evidence to shopping a tell-all book, here is the unbelievable information that we have learnt from the motion to compel. (Document here)

It is now confirmed that Joy Robson and Wade’s siblings were deposed at the end of September 2016 as planned. Wade Robson was deposed at December 2016. On March 28, 2016 The MJ Companies served Wade Robson with their first set of requests for production (RFP). They asked Wade Robson about all the documents and all of communications between him and any person relating to his abuse allegations. However, it seems that Wade is no longer eager to share his truth:

1. Wade Robson initially produced one single email when asked to produce all communications relating to his allegations of abuse

On June 3, 2016 Wade Robson produced a single email and stated under oath that it was the only communications he had. The single email mentioned is the September 7, 2012 email that Wade Robson sent to 30 people. Judge Beckloff mentioned this email in his dismissal ruling at the probate case. According to Judge Beckloff’s ruling this email included sentences of “very personal information”, “extremely sensitive legal matter” and “truth of his (Robson’s) past”. This email was one of the reasons why Judge Beckloff dismissed the probate claim. (Link ) The new discovery shows there are plenty of other emails and documents that Wade failed to produce.

2. Wade Robson continuously lied under oath about existence of documents as well as his search and production of them

The last time I reported on the Robson case, Robson changed lawyers and wanted to amend his complaint. Judge Beckloff allowed Robson to amend his complaint for the 4th time. This restarted the whole process of initial reply, demurrer and so on. (Previous updates here and here).

On November 14th, 2016 Estate filed their initial reply to the newly amended Robson complaint. It can be found at this link :

The initial answer document is a short document that includes the preliminary statement and general denial of the claims. In 2015, Estate had filed a similar initial reply to the previous complaint (Link)

When you compare the 2015 Answer document (for 3rd complaint) to the 2016 Answer document (for 4th complaint), you will see several similarities. But the interesting thing is the Estate’s change in the words they are using and how stronger they get. It seems that just like the fans, the Estate is getting tired with this absurd never ending cycle of Robson’s case.

First, the Estate start their answer by calling Robson’s accusations “meritless sham” - both the old answer and the new answer mention Robson’s testimony in 2005 and how Robson recanted his testimony now for the sole purpose of getting money from the MJ Estate – which would mean taking money away from Michael’s kids. This time the Estate calls the 2005 trial as meritless as well.