Although Safechuck filed a civil case in 2014, his civil case remained silent and inactive until June 2015. On July, 2015 Safechuck identified Doe2 and Doe 3 defendants. This will start the process (demurrer and such) for Safechuck civil case. Why now? In my personal opinion, judge dismissing Robson’s probate claim demonstrated that Safechuck’s probate claim doesn’t stand much chance either therefore they are focusing their efforts on the civil claims.
Safechuck’s civil complaint provides information about why his probate claim most probably wouldn’t be successful. Probate code requires any claim to be filed within 60 days of knowledge of administration of the Estate and the creditor’s actual knowledge of the existence of the facts giving rise to the existence of the claim. Unlike Robson, Safechuck doesn’t claim he didn’t know about the Estate. To the contrary, Safechuck openly admits he heard from news reports that John Branca would be managing MJ’s business affairs and he knew who Branca was. Safechuck similar to Robson doesn’t claim repressed memory. He states he told his mother in 2005 MJ was a “bad man” and he told his mother in “briefest statement that he had been abused” in 2005. Furthermore Safechuck started to see a therapist on May 20, 2013. Given Safechuck hasn’t filed his probate claim until 2014, there’s no way he can satisfy the within 60 days rule of probate. That alone should be enough for the judge to dismiss his probate claim eventually. ( Few rounds of chances to amend a complaint routinely happens).
That brings us to the civil complaint.