First Look at Discovery at Robson Case - Estate's Opposition to Amended Complaint
Estate's Opposition to Robson's request to amend his complaint: https://www.scribd.com/document/326200053/Estate-Opposition-to-Robson-4th-Amendment-Complaint
First allow me to provide a brief history of Robson’s civil case against MJ Companies to better explain the developments in this case.
Robson filed his original complaint against Doe defendants on May 2013 with only one cause of action of childhood sexual abuse. On February 2014, Robson amended his complaint to name the Doe defendants as MJJ Productions and MJJ Ventures (aka MJ Companies). Estate filed a demurrer on June 2014 and a demurrer hearing was held on October 2014. During that demurrer Estate argued that corporations cannot engage in childhood sexual abuse. Judge granted Estate’s demurrer but gave Robson a chance to amend his complaint.
December 2014, Robson filed his third amended complaint, this time alleging several causes of actions against the MJ Companies including a negligence claim. On March 2015, Estate filed a second demurrer and the hearing for the second demurrer was on July 2015. This time judge denied Estate’s demurrer saying that it requires a factual determination in a proceeding beyond demurrer.
In a demurrer the Judge needs to accept everything alleged in the complaint as true and only determines if there is a legal basis for the lawsuit. Defendants cannot bring counter evidence about the claims in the complaint, they can only argue legal aspects. Therefore in his demurrer ruling, Judge was saying he needs more information to decide and that could only happen after discovery when both sides present their evidence, witnesses etc. That information would allow the Judge to determine if these claims have any merit at all and if it can satisfy the exception conditions. So the dismissal issue will get revisited at summary judgment.