Background

Tohme filed a complaint against MJ Estate asking for fees he’s owed. These were 10% from Neverland refinancing, 10% from any future transaction about Neverland, $35,000 per month plus 15% of income from services he provided (plus interest when applicable). Estate petitioned Labor Commissioner based on California’s Talent Agency Act to cancel three agreements MJ had with Tohme. The three agreements are Neverland finder’s fee agreement, services agreement (management agreement) and indemnity agreement. Labor Commissioner heard this petition on late 2013 and took it under submission. Late 2014 Tohme requested to put Neverland finder’s fee agreement issue on calendar and judge lifted the stay for that issue on January 2015. Parties have filed their initial motions about the Neverland Finder’s Fee. A tentative trial date for Neverland Finder’s fee is set for May 2016.

Labor Commissioner Determination

Document here: https://www.scribd.com/doc/272285682/Tohme-Labor-Commisioner-Determination

After 20 months of waiting, Labor Commissioner has finally finalized their decision for Estate’s petition to cancel MJ - Tohme agreements based on CA Talent Agency Act.

Labor Commissioner determines that Tohme was not licensed to work as a talent agency during the period he worked for Michael. Labor Commissioner focuses on the TII concert deal.

Read more ...

Background: Tohme filed a complaint against MJ Estate asking for fees he’s owed. These were 10% from Neverland refinancing, 10% from any future transaction about Neverland, 15% of income from services he provided (plus interest when applicable).Estate petitioned Labor Commissioner based on California’s Talent Agency Act to cancel three agreements MJ had with Tohme. This was heard in 2013 however Labor Commissioner hasn’t ruled yet. Late 2014 Tohme requested to put Neverland finder’s fee agreement issue on calendar and judge lifted the stay on January 2015. Parties have filed their initial motions about the Neverland Finder’s Fee. Below you will find a summary of these motions. The first hearing about Neverland Finder's Fee issue is set for April 27th, 2015.

Tohme Summary Adjudication Motion

On February 2015, Tohme filed a motion for summary adjudication stating that he is entitled to fees per finder’s fee agreement and there are no issues for trial. Tohme states that it is undisputed that MJ signed the agreement, Tohme provided the services required and MJ secured the funds needed to prevent foreclosure of Neverland. Tohme claims there is no possible defense that Estate can use. Tohme also addresses some of previous claims such as Tohme states MJ was represented by independent counsel Earle Goodman. Tohme states finder’s fee agreement was signed on May, 2008 – 2 months before the management agreement was signed on July, 2008 .

Tohme is asking the court to order Estate to pay the finder’s fee plus interest. Tohme is also asking the judge to declare that Tohme is entitled to 10% from future sale of Neverland. According to Tohme’s lawyers as of May 2014, Tohme is owed around $3.5 to $3.9 Million for Finder’s fee.

Read more ...

Neverland Ranch related issues have been on the fans radar for several years. First there was the foreclosure news, followed by MJ – Colony Capital refinancing deal. After Michael’s death, fans wondered what would happen to Neverland. Last year we heard that Colony Capital decided to sell Neverland. This brought a lot more questions. Based on the available information, we believed there was a joint venture between MJ and Colony Capital. Fans questioned how Colony Capital can decide to sell Neverland and how could Estate have no right to stop the sale.

Until today we couldn’t answer such questions. However recently Tohme’s Finder’s Fee Claim (10% from Neverland refinancing, 10% from any future transaction about Neverland) has been put on calendar and this resulted in Tohme filing some documents which included letters and agreements between MJ and Colony Capital. For the first time we get a look inside the Neverland deal between Colony Capital and MJ.

First we confirm that there was a joint venture between MJ and Colony Capital. However the documents also state that the goal of the joint venture between MJ and Colony Capital was “to own, operate, reposition and sell Neverland”.

Read more ...

Transcript of a January 29, 2015 proceedings shows how the MJ Estate vs. Tohme lawsuits are getting more and more heated. Below you will find sections of what the lawyers have said during a January 29 hearing to the judge.

First the issue of whether Tohme is a “doctor” or “mister” was raised.

Howard Weitzman (Estate lawyer):  I make a point out of referring to Mr. Tohme as “Mr. Tohme” because he’s not a doctor. You (the court) actually asked Mr. Malingagio if it was appropriate to refer to him as “doctor” or “mister” and he responded to you “doctor”. He’s not a doctor, unless he or Mr. Malingagio want to get up and represent he is a doctor. Now maybe he is Dr. J, or he is Doc Rivers or he is Doc Brown from “Back to the future” but he’s not a doctor by degree.

Weitzman continues to explain in the interrogatories they asked Tohme to list all of the schools he attended and the degrees he received.

Weitzman (Estate lawyer): Tohme responds as follows “Tohme attended several colleges and quit to pursue self education.” Bachelorette – or however you pronounce it- Institute of Al Masri Beirut Lebanon was the school attended. He got that degree, which by the way is an equivalent of a high school degree. Pepperdine University, 1972 No degree. Cal State University at Los Angeles 1973 No degree. Glendale City College 1974 No degree. Now nothing wrong with failing to get a degree. Nothing wrong with going to junior college, or Pepperdine or Cal State. Nothing wrong with any of that. Not a doctor, again unless you know you are Doc Holliday, not a doctor.

Read more ...

{socialbuttons}

As you might know MJ Estate and Tohme have filed competing lawsuits against each other in 2012.

Tohme sued MJ Estate asking for fees he’s owed. These were 10% from Neverland refinancing, 10% from any future transaction about Neverland, 15% of income from services he provided (plus interest when applicable). Estate filed a petition with Labor Commissioner based on California’s Talent Agency act to cancel three agreements MJ had with Tohme. Parties are still waiting for the decision of Labor Commissioner.

In another lawsuit MJ Estate sued Tohme asking for accounting all actions and transactions done by Tohme, return of any money and property (of Michael) in Tohme’s possession. This lawsuit has been ongoing in probate court. Executor McClain’s deposition is a dispute parties have been trying to solve for over a year.

Here is some background information: Tohme wanted to depose MJ Estate Executors about their claims against him. John Branca was deposed in December 2012. In his deposition Branca said he doesn’t have any firsthand knowledge of the allegations that Tohme took money and property from MJ. Branca said his information came from a report of a private investigator. McClain’s deposition has been cancelled several times due to spikes to his blood pressure (high blood pressure). Tohme filed a motion to compel McClain to sit for a deposition. Judge said McClain’s medial info provided to the parties was too general or sometimes no medical information was provided for cancelled depositions.

Read more ...
Page 1 of 2