{socialbuttons}
Joe Jackson files a wrongful death lawsuit.
-----------------------------------------
Hearing Date: March 23, 2011 Dept: 56
Case Name: Jackson, et al. v. Murray, et al.
Motion: Demurrer and Motion to Dismiss
Moving Party: Defendants, Conrad Murray, Acres Home Heart & Vascular Associates, and GCA Holdings, LLC
Responding Party:Plaintiff, Joseph Jackson
Tentative Ruling:Defendants’ “demurrer” is overruled and “motion to dismiss” is denied. Defendants are ordered to file an answer within ten days.
Plaintiff, Joseph Jackson filed his original complaint in federal court on 6/25/10, charging Defendants with wrongful death and related causes of action. On 11/1/10 the federal court elected to dismiss the state claims without prejudice, and Plaintiff filed this action on 11/30/10. Defendants have responded to the complaint with a document entitled “Demurrer and Motion to Dismiss due to (1) Limitations and (2) Standing.”
To the extent the filing is intended to be a demurrer, it is overruled. It does not comply with CRC 3.1320. To the extent the matter is intended to be a motion to dismiss, it is denied. Defendants have established no grounds for dismissal.
As a note, the Court finds Defendants’ method of numbering and indenting each sentence in the points and authorities to be distracting and confusing; do not use this method in future.
------
Judge will hear from both sides tomorrow before making a final decision about the case (either to move to trial or to dismiss the case)
--------------------------------------------
There's a hearing about Murray's lawyers motion to dismiss on April 14. Oxman has filed oppositions to this request (yes he's getting suspended but that decision is waiting supreme court approval. It's just taking some time).
Murray's lawyers had argued that Joe missed the statue of limitations to file a wrongful death lawsuit and judge asked more information about it.
In the Joe Jackson documents it's stated that
- the reason they initially filed the lawsuit in federal court was that Michael is a California resident and that Murray and Applied Pharmacy was Nevada residents. In short they claimed "diversity jurisdiction".
- The documents state that Joe didn't discover the nature of Murray's negligence in Michael's death until [B]March 1, 2010[/B]. ([COLOR="navy"]Reminder[/COLOR] : Coroner ruled Michael's death a homicide in August 2009 and Murray was charged with IVM in February 2010. And still Joe / Oxman needed 1 more month to discover Murray's negligence? )
- The rest is claims about they filed within the statue of limitations.
The second document is against Applied Pharmacy and their request to be removed from the case.
- Joe argues that Applied Pharmacy is negligent because they shipped excessive amounts of drugs with no legitimate medical purpose to a unregistered location ( Murray's girlfriend's apartment) and didn't warn anyone (Murray and Michael) about the dangers of the drugs they shipped.
- I think that the above claims are quite simple and makes sense. However one interesting point that Joe argues that Applied Pharmacy knew the drugs was for Michael and therefore it should have warned Michael about the dangers, regulations etc.
- They make "Pharmacy should have known it was for Michael and warned him claim" based on "every prescription should identify the end user (would have the patient name address etc". [B]However[/B] I talked with gatorgirl (who has a medical background) she says that some of the drugs aren't what seen as "prescription drugs" (in other words they aren't drugs that are taken twice daily with food) and that when ordering for a supply for a clinic (which Murray told the pharmacy) the doctor wouldn't need to put a patient name on their order / prescription.
------------------------------------------
copy of judge's ruling
Motion: Demurrer to Fourth Cause of Action
Moving Party: Defendant Applied Pharmacy Services LLC
Responding Party:Plaintiff Joseph Jackson
Tentative Ruling:Defendant’s Demurrer is Overruled. Defendant is ordered to file an answer within ten (10) days.
Plaintiff, Joseph Jackson filed this action for wrongful death and related claims against a number of defendants. Defendant Applied Pharmacy Services LLC demurs to the fourth cause of action for negligence. In that cause of action, Plaintiff alleges Defendant was negligent under the following theories: shipping drugs to an improper residential address; shipping drugs in excessive quantities; failing to determine whether drugs were for a legitimate use; and failing to give adequate notice and warning concerning the nature and dangers of the items supplied.
The first theory of negligence is that Defendant shipped drugs to an address in California, which Defendant knew or should have known was an improper residential address. Defendant contends that the decedent’s physician, Defendant Murray, is a medical doctor with a proper business address in Nevada; Defendant could have shipped the drugs to Murray’s Nevada address, so sending them to a Murray at a California would not have changed anything or caused any harm.
However, federal regulations expressly prohibit pharmacies from shipping certain drugs to an unregistered location. See 21 C.F.R. §1301.12. Plaintiff’s complaint alleges that the decedent’s home was an unregistered location within the meaning of these federal regulations. Administrative actions have been taken against those who violate the regulations, even by shipping drugs to a registered location and then re-shipping them to an unregistered location. See 72 Fed.Reg. 4031, 71 Fed.Reg. 77791, 71 Fed.Reg. 66975. Under these circumstances, Plaintiff has alleged facts which could support a theory of negligence per se under EC §669.
Defendant has argued extensively about proximate cause, but this is a factual question which cannot be decided on demurrer. Defendant has also argued that Plaintiff’s other theories of negligence are defective. The Court need not determine these issues. A complaint is sufficient to state a cause of action for negligence if at least one potential theory of negligence is well-pled. See Kong v. City of Hawaiian Gardens Redevelop. Agency (2003) 108 Cal.App.4th 1028, 1046.
--------------------------------
June 2011
Joe Jackson wants to add AEG Live to his lawsuit.
------------------------------------
December 2011 update about Joe Jackson - Murray , Applied Pharmacy, AEG case[
As you know Joe Jackson has a wrongful death lawsuit against Conrad Murray and Applied Pharmacy. He recently had tried to add AEG to his lawsuit as well.
AEG has filed a motion against this request citing
- "one action rule" - one action rule states that there should 1 single wrongful death lawsuit against any defendant. So AEG says as Katherine has already filed a lawsuit against them, Joe cannot file a separate lawsuit against them. AEG says Joe has to join Katherine's lawsuit.
-AEG question if Joe Jackson is an heir or dependent of Michael Jackson (hence if he can have a wrongful death claim). They cite Joe Jackson "Hoje em Dia" televised interview in Brazil in which Joe says "Michael never supported him". AEG also writes "At the time Michael Jackson died, plaintiff (Joe Jackson) was estranged from his son who repeatedly and publicly accused him of physical and other abuse". Ouch.
------------------------------------------------
Oxman gets disbarred, his wife takes over the lawsuit.
------------------------------------------
February 2012
Judge grants a motion to dismiss AEG from Joe Jackson's lawsuit. Joe's lawsuit against Murray and Applied Pharmacy will continue. Judge sets the trial date as January 28, 2013.
---------------------
August 2012
Joe's lawyer filed a request for the case to be dismissed without prejudice
