Robson civil case demurrer ruling document : http://www.scribd.com/doc/283138843/Robson-Demurrer-Ruling
On September 21, 2015 after 2 months of waiting Judge ruled on MJ Estate’s demurrer for Robson’s civil case. Estate’s demurrer was overruled, this means Robson’s claim will proceed to the next phase of summary judgment.
In his civil case Robson has sued two of MJ’s companies – MJJ Productions and MJJ Ventures. According to the law, a person can bring a childhood sexual abuse case until their 26th birthday. However there is an exception. This exception allows lawsuit against third party non perpetrators (in this instance MJ Companies) if they knew or had a reason to know about the unlawful sexual conduct of their employee/ representative/agent (MJ) and failed to take reasonable steps to prevent it.
Robson was over 26 years old when he filed his lawsuit and he has been claiming this exception. Estate was arguing against it. The demurrer has been mainly about statute of limitations.
Demurrer can be explained as “even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit". In other words Judge is required to accept all the claims as true for the purposes of demurrer and is only determining if there is a legal basis for a lawsuit. Furthermore in demurrer stage the defendants (Estate in this instance) cannot bring any evidence or witnesses. They could only argue against Robson’s claims using the law and the precedent cases.