MJ Estate Sues Tohme Tohme / Tohme Countersues / Tohme's Complaint [Merged]

Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^^

There are seal and protective order requests. I don't think they would be publicly available.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Me three!!!!
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

So do we know what became of Michael's art?
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Wouldn't the estate get it back if they win the case against Tohme, same with Neverland deal?
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

So do we know what became of Michael's art?

We will find out when we hear what Thome has to say in court.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

He always seems like a creepy little man, bet his answers are as shady as he is.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Thanks for keeping us updated . Scared the crap out of me from the first picture I saw of him.
014.jpg

scary+tohme.jpg

!
 
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Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^^Oh dear...
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Thanks for keeping us updated . Scared the crap out of me from the first picture I saw of him.
014.jpg

scary+tohme.jpg

!

His grip on MJ on the second photo:angry:
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Gee, imagine being in an already crowded place with bodyguards pushing ppl away and when you get a chance to do something some person grabs everyside of your body. I'm almost certain that Mike wasn't happy in that second pic :S
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Just looks like he is controlling him, Michael seems particularly tense.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

to be fair.thanks to randy philips announcing it to the media and mj no doubt being intentionally dropped off outside the front entrance instead of the side or back (prob philips doing to get more publicity) that night was crazy and at one point got abit dangerous.ppl including myself nearly ended up on the floor due to the surge kids that had just come to the theatre for anight out where in tears after being stuck in the middle of it.a p.r distaster going by all the comments i heard from the public who got stuck in the middle of it.the kids finding it hard not to get seperated from mj so imo u cant really judge his dodgyness based of a picture taken in a split second.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

The latest:


BP117321 304 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
ACCOUNT CURRENT

Petitioner(s): Tohme, Tohme R., Dr.

Attorney(s): Malingagio, Paul S., Esq.

Continuance Number: 1 Continuance From: Wednesday, January 30, 2013

Last Date Changed: Monday, March 25, 2013 8:30:32 AM

Last Note Changed By: RHSU

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 ORDERS : Cont to 3/27/13



*********************************************************
OBJECTIONS FILED 1/29/13
OBJECTOR: John Branca and John McClain
ATTORNEY: Jeryll S. Cohen
*********************************************************
RECOMMENDED DISPOSITION:
RELATED ITEMS: 120, 305-306

Order to be Prepared By Clerk: Attorney:

Department LA 5 Court Convened at: 10:00 AM 3/27/2013

Honorable Roy Paul
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: 11 Continuance From: Wednesday, January 30, 2013

Last Date Changed: Monday, March 25, 2013 8:31:30 AM

Last Note Changed By: RHSU

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 3/27/13; 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

********************************************
OBJECTIONS FILED 3/21/12
OBJECTOR: Tohme R. Tohme
ATTORNEY: Paul S. Malingagio
********************************************
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: 120, 304, 306

Order to be Prepared By Clerk: Attorney:

Department LA 5 Court Convened at: 10:00 AM 3/27/2013

Honorable Roy Paul
M. Dewey , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter

BP117321 306 JACKSON, MICHAEL JOSEPH - DECEDENT
LETTERS OF ADMINISTR
MOTION - NUNC PRO TUNC ORDER

Petitioner(s): BRANCA, JOHN MCCLAIN, JOHN

Attorney(s): HOFFMAN, PAUL GORDON, ESQ. COHEN, JERYLL S., ESQ.

Continuance Number: 1 Continuance From: Wednesday, March 13, 2013

Last Date Changed: Monday, March 25, 2013 8:32:05 AM

Last Note Changed By: RHSU


I think the estate knows that Tohme has MJ stuff and are out to get them back.
They have to be fast as Michael's stuff seems to be appearing in all sort of auction houses.
 
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Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

He's a thief.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^well that sums everything up.

Its pretty sad actually for the Estate. They must be busy getting everything that belongs to the Estate back. Which doesnt even make sense to a normal human being.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^well that sums everything up.

Its pretty sad actually for the Estate. They must be busy getting everything that belongs to the Estate back. Which doesnt even make sense to a normal human being.

The estate also should look at those who took things out of Michael's home while the body was in the morgue, like Latoya's boyfriend--but that is another thread.

I wonder if the Estate has investigators checking Thome's financial holdings/real estate outside the country that was established at the time he was with Mchael? Thome is not going to willingly admit he stole anything, or has property belonging to Michael, or he gave anything away.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^ im almost surr that even if they DO know it, other cases probably are more of a priority now which is sad again in the first place. Can't we spam the Estate with mails or something to remind them or make them aware of some things they might even hadn't thought about?:ermm:
Toya's bf or maybe Thome himself will admit themselves in a year or five, when theyve sold it to some creepy bidder and where nothing can be done no more. all I hope for is for his children to wake up in the coming years so they get THEIR stuff back, who wouldnt want his own things if the ppl who control
the Estate will never care as much as the people who it belongs to.

There are really two sides to everything which makes it harder
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

I'm curious as to what is this:
all property traceable to property wrongfully taken, concealed or disposed of by Tohme

I know there was some talk about cars, and the paintings that we know he gave to away, but I don't think the above is about them, its something else.

It would be nice if the estate let us know what they are after, as we fans are experts locating and finding Mike's stuff all over the world:)
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

I think the estate knows that Tohme has MJ stuff and are out to get them back.
They have to be fast as Michael's stuff seems to be appearing in all sort of auction houses.

Then they should sue him!
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

I'm curious as to what is this:
all property traceable to property wrongfully taken, concealed or disposed of by Tohme

I know there was some talk about cars, and the paintings that we know he gave to away, but I don't think the above is about them, its something else.

It would be nice if the estate let us know what they are after, as we fans are experts locating and finding Mike's stuff all over the world:)

I see that '6' is an order for 'restitution of any money or thing owing'....It may be difficult to provide restitution for any unique items given away or sold..... I wonder who will 'value' these items once identified? I wonder if the 'new owners' might have to give them back?

I wonder if Tohme authorised the sale (or agreed the property transfer of) of any of the items sold by Mr Bush?

I wonder what 'material' is meant to cover?.. I can't think what is not either money or property....even songs would surely be property? ( as copyrights to words and music ).

So many questions! I wonder if we will get the truth!
 
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Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

I see that '6' is an order for 'restitution of any money or thing owing'....It may be difficult to provide restitution for any unique items given away or sold..... I wonder who will 'value' these items once identified? I wonder if the 'new owners' might have to give them back?
I wonder if Tohme authorised the sale (or agreed the property transfer of) of any of the items sold by Mr Bush?

I wonder what 'material' is meant to cover?.. I can't think what is not either money or property....even songs would surely be property? ( as copyrights to words and music ).

So many questions! I wonder if we will get the truth!

I believe when a person buys a stolen item, even if he/she didn't know it was stolen, the buyer has to return it to rightful owner. The problem is what items Tohme had & to whom he gave them.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

^really? From what ive learned thats not the case. I guess it depends on which country youre in then as there are several ways of within a situation
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Stolen property must be returned to rightful owner .. they are the rightful owner of the property regardless
The unsuspecting buyer (3rd party) can then sue the person who sold them the stolen property to recoup their loss.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

I'm curious as to what is this:
all property traceable to property wrongfully taken, concealed or disposed of by Tohme

I know there was some talk about cars, and the paintings that we know he gave to away, but I don't think the above is about them, its something else.

It would be nice if the estate let us know what they are after, as we fans are experts locating and finding Mike's stuff all over the world:)

I have a feeling Thome has more money of michael's that he kept, because he feels no one knows about it. I think he returned the house money to make them think he was honest, and he knew an executor would investigate things. However, that did not work, because the executors found out about his shady deals. He probably made some deals and got some kick backs which he pocketed.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

So we have a littel tidibit for this case from the AEG -trial

ABC7 Court News ?@ABC7Courts 1h
Phillips said Estate of Michael Jackson asked him to be witness for them in the Labor Commission dispute between Dr. Tohme and MJ's estate.
 
Re: MJ Estate sues Tohme Tohme / Tohme countersues / Tohme's complaint @pg 14

Any other info about the case? it's been dead quiet for so long.
 
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