I consider
aveeno1 one of the most intelligent fans mj ever had along with TSCM and I hope aveeno did not mind posting her/his posts on kop discussion board :
aveeno:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Date: September 17, 2009 DEPARTMENT 5
HONORABLE: Mitchell L. Beckloff
DEPUTY SHERIFF: NONE
M. Dewey, DEPUTY JUDICIAL ASSISTANT
No REPORTER
BP 117321 (Parties and Counsel checked if present)
In re the Estate of Michael Jackson
COUNSEL FOR
PETITIONERN/A
COUNSEL FOR
RESPONDENT N/A
RULING ON SUBMITTED MATTER: SAFE HARBOR PETITION
(Probate Code section 21320)
The court has read and considered the petition, its supplements, and the letter of
September 15, 2009 responding to the court's September 11, 2009 request for additional
information. The second supplement filed September 9,2009 contained two proposed
pleadings (one of which is an objection) at ExhibitfTab Band ExhibitfTab C.
The Special Co-Administrators have taken no position on Katherine Jackson's petition.
(The Special Co-Administrators initially objected on the grounds that no proposed
objection had been filed with the safe harbor petition. That concern is now moot.)
The court finds notice has been given as required by law. While this petition may have
been filed by Ms. Jackson in the Probate proceedings instead of the Trust proceedings,
the court find there will be no prejudice to any party in having the issue heard and decided
in the Probate proceeding. (The court also notes that there is no Trust matter currently
pending.)
The court finds that the proposed pleadings at ExhibitiTab Band ExhibitiTab C
would not be a contest within the meaning of the Trust's no contest clause.
While the proposed objection addresses (among other things) undue influence, the court
finds that the allegation of undue influence is made in connection to an objection to the
appointment of a fiduciary and such an objection as a public policy matter may not be
deemed a contest. (Prob. Code sec. 21305, subd. (
(7).)
A copy of this minute order is sent to counsel as shown by way of first-class mail as
shown on the Clerk's Certificate of Service:
Burt Levitch, Esq., Rosenfeld, Meyer & Susman, 9601 Wilshire Blvd., Suite 710
Beverly Hills, CA 90210 FAX: 310-860-2430
Paul Hoffman, Esq., Hoffman, Sabban et aI., 10880 Wilshire Blvd., Suite 2200
Los Angeles, CA 90024 FAX: 310-470-6735
Howard Weitzman, Esq., Kinsella Weitzman et aI., 808 Wilshire Blvd., Third Floor
Santa Monica, CA 90401
1 Minutes Entered:
Department 5
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Interesting... Co-Administrators didn't object - they did only before actual proposed objection was filed, once Mrs J's team did, the Co-executors were ok with her asking the court for permission to challenge them....
that's very interesting.
The court has made a narrow judgment (re: Mrs J's points are made in connection to an objection to the
appointment of a fiduciary and that the judge finds doesn't trigger the no-contest clause) and now Mrs J and her lawyers must submit proof beyond reasonable doubt of among other things "undue influence" at the time MJ was signing his will not only in 2002 but also in 1997 since those 2 wills are identical and in fact the MJ family trust was established with the first 1997 Will and never changed only updated in 2002 to match the updating of the Will at that time...
Mrs J has a chance now and i hope she and her lawyers are meticulous in what they present and have concrete evidence (not Leonard Rowe's thoughts or Randy's thoughts or Joe's thinking) they should present a solid case based on fact if they really want to win. Mrs J and team have much to prove now i hope they do a good job.
On the other hand Branca and McClain will call up everyone MJ worked with and talked to at the time to disprove any "undue influence" claim. MJ is also known to video tape almost EVERYTHING his does so during that period of time there could be video tapes etc of him well and happy go lucky etc in business meetings, maybe performing somewhere or at a party somewhere or in a recording studio etc... or if the Co-executors and those involved have tape of him during the discussions, preparations and signing of the wills that will disprove any "undue influence" claims made...
Here are several definitions of Fiduciary
An individual, corporation or association holding assets for another party, often with the legal authority and duty to make decisions regarding financial matters on behalf of the other party.
A person who has a legal and ethical duty to act in the best interests of another person. Examples include an executor or a guardian.
www.courts.state.va.us/glossary_of_court_terms.html
An individual or institution responsible for acting in the best interests of another party. A fiduciary is bound by law and duty to put aside personal interests and act in good faith when making decisions for the benefit of another.
www.northerntrust.com/pws/jsp/display2.jsp
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All that said my personal opinion is this filing was made to strategically "make" the co-executors appoint Mrs J or a person of her choosing as the 3rd co-executor. Only McClain & Branka (according to MJ's Will) can choose the 3rd co-executor
it will be interesting to see how all this plays out. If Mrs J continues to have Joe/Randy/Rowe advising she may not get what she wants possibly but who knows...
