Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14
The latest,
Probate Notes
Department LA 5 Court Convened at: 10:00:00 AM 1/30/2013
Honorable Mitchell L. Beckloff
M. Dewey , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter
BP117321 305 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
WRONGFULLY TAKEN PROPERTY (PC 859)
Petitioner(s): Branca, John McClain, John
Attorney(s): Weitzman, Howard, Esq
Continuance Number: 10 Continuance From: Thursday, October 25, 2012
Last Date Changed: Wednesday, January 23, 2013 12:09:54 PM
Last Note Changed By: RWADA
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at
www.LASuperiorCourt.org.
PRIOR ORDER: Cont to 1/30/13 ; 10/25/12 ; 10/17/12 ; 9/27/12 at 10:00 am ; 8/30/12 ; 8/1/12; 7/25/12 at 10:00 am; 6/7/12 at 10:00 am ; 4/30/12 ; 4/12/12
Filed 2/17/12
SUMMARY
Petnrs are co-extrs
ntc/copy to affected parties filed 2/28/12
spec ntc/copy filed 2/28/12
FACTS -
After being hired by Michael Jackson as his Personal Manager in early 2008, Respondent Tohme took control of virtually all of Jackson's personal and professional affairs, then did as he pleased. With no oversight or supervision, Tohme quickly set about to and did install a far-reaching and very lucrative financial package for himself obtained as a result of a manifest breach of his fiduciary duties. The package consisted of a series of agreements that were obtained without any arms length negotiations, and without Jackson having independent legal counsel or giving informed consent, and not surprisingly called for substantial and unfair financial compensation to Tohme. Left unchecked until he was terminated in or about March 2009 (but no later than April 14, 2009), Tohme used his powers as Jackson's fiduciary and agent to take possession of both money and valuable personal property belonging to Jackson that he never returned to Jackson or the Executors, or property accounted for. By this Petition, the Executors seek to undo the harm suffered by Jackson as a result of Tohme's breaches of fiduciary duty, obtain an accounting of all money, property and material entrusted to or taken by Tohme during his tenure and recover all money, property and other material belonging to the Estate. Alleges causes of action for wrongful taking, recission based on breach of fiduciary duty, unconscionability, undue influence, and for declaratory relief set forth below.
MATTERS TO BE CLEARED - N/A
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OBJECTIONS FILED 3/21/12
OBJECTOR: Tohme R. Tohme
ATTORNEY: Paul S. Malingagio
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SUMMARY-OBJS
Objector is creditor/claimant
svd 3/21/12
FACTS-OBJS
With Tohme's application for abatement and for an extension of time in which to respond to the Petition pending and is set to be heard on March 28, Tohme will reserve any further response to the Petition until after the court considers and rules on his application for an extension of time to respond to the Petition and/or his motion for abatement of the Petition pursuant to Probate Code Section 854. Tohme expressly reserves his right and ability to seek abatement of the Petition and, if ultimately necessary, to substantively respond to the Petition with a demurrer, a denial or other appropriate responsive pleading. Before this Petition was filed, prior to 9:00 a.m. on 2/17/12,
Tohme filed a complaint in the Superior Court against the Jackson Estate, asserting claims for breach of contract and declaratory relief regarding the very same contracts which are the subject of the Jackson Estate's Petition herein. Among other things, Tohme's Civil Action alleges that he is entitled to compensation pursuant to a Finder's Agreement for his services in locating financing to prevent the foreclosure of Michael Jackson's Neverland Ranch real property and Michael Jackson's personal property. In addition, Tohme's Civil Action seeks compensation pursuant to a Services Agreement with Michael Jackson through which Tohme provided services as Michael Jackson's manager for a period of more than one year. Tohme was forced to file the Civil Action because the Jackson Estate refused to pay him, or even offer to pay him, any of the amounts to which he is entitled under these agreements. The Jackson Estate's Petition in this court clearly was filed as a "defensive" measure to the claims asserted in Tohme's Civil Action. The Petition alleges, inter alia, that the Finder's Agreement and Services Agreement are not enforceable, and that Tohme is not entitled to any compensation whatsoever for his work and services, for a variety of reasons, including that Michael Jackson allegedly "did not know what he was signing." The Petition is meritless and nothing more than an attempt by the Jackson Estate to further delay payment of the sums to which Tohme is rightfully entitled.
MATTERS TO BE CLEARED-OBJS - N/A
RELIEF
1. JTD order compelling Tohme to account for all monies and other property of Jackson's in his possession and control at any time, all monies and property of Jackson's misappropriated by Tohme, and all actions and transactions taken by Tohme with respect to Jackson's assets
2. JTD order directing Tohme to transfer, convey and deliver to the Executors all monies and other property belonging to Jackson or the Estate which he has in his possession or control
3. JTD for an award against Tohme in favor of the Estate in the amount of twice the value of all property wrongfully taken by Tohme
4. JTD for damages in an amount to be determined at trial, according to proof and for punitive damages
5. JTD for rescission of the Services Agreement, Finder Agreement and Indemnity Agreement and of any obligation thereunder to pay money to Tohme and for an order of restitution of any money or thing owing
6. JTD for rescission of the Services Agreement, Finder Agreement and Indemnity Agreement and of any obligation thereunder to pay money to Tohme and for an order of restitution of any money or thing owing
7. JTD for rescission of the Services Agreement, Finder Agreement and Indemnity Agreement and of any obligation thereunder to pay money to Tohme and for an order of restitution of any money or thing owing
8. JTD (a) Tohme is not entitled to commission any monies "received by" Jackson after Tohme was terminated (and certainly not on monies received after Jackson's death), (b) Tohme's "Services Agreement" is void or otherwise entitles him to no additional money, and (c) The Finder's Agreement entitles him to no further compensation and is void.
9. JTD for damages
10. JTD for interest on all amounts at the maximum legal rate,
11. JTD for an order imposing a constructive trust on all property wrongfully taken, concealed or disposed of by Tohme and all property traceable to property wrongfully taken, concealed or disposed of by Tohme
12. JTD for attorneys' fees and costs of suit incurred herein
13. JTD OBJECTIONS - Tohme will reserve any further response to the Petition until after the court considers and rules on his
application for an extension of time to respond to the Petition and/or his motion for abatement of the Petition pursuant to Probate Code Section 854. Tohme expressly reserves his right and ability to seek abatement of the Petition and, if ultimately necessary, to substantively respond to the Petition with a demurrer, a denial or other appropriate responsive pleading.
PROB ATTY COMMENTS: see PRIOR ORDERS o/w contested matters
Rwada@lasuperiorcourt.org
RW (3/22) (4/5) dgh 10/15/12
RECOMMENDED DISPOSITION:
RELATED ITEMS: 306, 307
Order to be Prepared By Clerk: Attorney:
Department LA 5 Court Convened at: 10:00:00 AM 1/30/2013
Honorable Mitchell L. Beckloff
M. Dewey , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter
BP117321 306 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
MOTION-DISMISS
Petitioner(s): Tohme, Tohme R., Dr.
Attorney(s): Curry, James. E., Esq. Price, Dylan J.
Continuance Number: Continuance From:
Last Date Changed: Wednesday, January 23, 2013 12:09:56 PM
Last Note Changed By: RWADA
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at
www.LASuperiorCourt.org.
RECOMMENDED DISPOSITION:
RELATED ITEMS: 305, 307
Order to be Prepared By Clerk: Attorney:
Department LA 5 Court Convened at: 10:00:00 AM 1/30/2013
Honorable Mitchell L. Beckloff
M. Dewey , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter
BP117321 307 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
MOTION - SEAL COURT RECORDS
Petitioner(s): Tohme, Tohme R., Dr.
Attorney(s): Curry, James. E., Esq.
Continuance Number: Continuance From:
Last Date Changed: Wednesday, January 23, 2013 12:09:59 PM
ray: