Latest from probate notes
WRONGFULLY TAKEN PROPERTY (PC 859)
Petitioner(s):
Arons, Richard
Attorney(s): Herbert, Daniel B., Esq. Dushkes, Larry S., Esq.
PRIOR ORDERS:
Petn filed 2/15/13
REVIEWED FROM IMAGED FILE ONLY
OTHER CASES:
BS 132820 & SC 114598 (DeMann Entertainment, Inc. v. John Branca as exr, John McClain, et al.)
SC 115988 (Tohme R. Tohme v. John Branca, et al.)
BP 117319 (Guardianship of Michael Joseph Jackson, Jr., Paris-Michael Katherine Jackson and Prince Michael Jackson, II)
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BP 127577 (trust proceeding)
My note, I didn't know they had separate case for trust proceedings. Ivy, can you say what is going on with trust thingy?
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SUMMARY:
Petnr is assignee of undivided interest re decd's recording contracts
FACTS: Petnr is assignne of undivided interest in certain rights of decd related to decd's recording contracts with CBS Records, a Division of CBS, Inc. - one contract dated 5/18/75 and two contracts dated 2/25/81 (one with decd as a solo artist and the other with decd as a member of the Jacksons) (collectively, the "Recording Contracts"). Decd assigned to petnr a 7 1/2% interest in and to all royalties and other amounts payable or o/w accruing to or fbo decd, excluding mechanical royalties, from the exploitation of certain albums and recordings.
On 12/8/10, the court entered an order expressly finding that decd has assigned ot petnr a 7 1/2% interest in and to all royalties and other amounts payable or otherwise accurding to or fbo decd, excluding mechanical royalties, from the exploiation of the subject albums and recordings. Estate has failed to pay petnr a significant part of royalties due to him. Decd also may have omitted to pay to petnr part of the royalties due to him.
MATTERS TO CLEAR:
A) Ntc is missing right to answer statement - Local Rule 4.37(b)(2)
B) No psl svc on exrs John McClain and John Branca
C)No spec ntc Ayscough & Marar (RSN filed 9/18/09)
RELIEF:
1) JTD that the estate holds in trust, as constructive tee, fbo petnr, 7 1/2% of all royalties and other amounts received by, or otherwise
accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
2) JTD compel estate to immediately convey to Petitioner 7 1/2% of all royalties and other amounts received by, or otherwise accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
3) JTD restraining and preliminarily and permanently enjoining the estate from disbursing, distributing, or otherwise dissipating in any way 7 1/2% of all royalties and other amounts received by, or othenvise accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
4) JTD compel estate to account for all royalties and other amounts due to or received by, or otherwise accruing to or fbo decd and the estate, exciuding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
5) JTD damages in the amount of all monies found owing to petnr
6) JTD double damages. and punitive damages in a sufficient amount to deter future conduct of the same or similar nature, based on the value of the estate
7) JTD interest on each of the forgoing sums at the legal rate of 10%
PA COMMENTS: Continue to clear notes and for anticipated response
My note, I had to check who is this Richard Arons, see here:
http://www.tmz.com/2010/05/17/michael-jackson-creditors-claim-late-richadr-arons/