Today - December 5th, 2017- is the hearing date for the summary judgment motion filed by the MJ Estate to dismiss Robson’s case against MJ Companies. Since our last update, Robson continued his attempts to depose Chandler and Spence families and they continue to be uncooperative. Robson have filed an opposition to MJ Estate’s summary judgment motion and MJ Estate have filed a reply. For the time being, we don’t see much benefit in repeating the same arguments from both sides that we have seen over and over again at previous demurrers at Safechuck and Robson cases. (Although in the future we might explore some of the accompanying exhibits.)

While we wait for Judge Beckloff to rule on MJ Estate’s summary judgment motion, we wanted to post the last 2 pages of Estate’s reply to Robson’s opposition. These last pages perfectly explains the absurdity of these claims.

First we learn that Robson’s desperate attempts to discovery hasn’t uncovered anything new, it’s the same discredited allegations of the past. Furthermore every witness who claimed Michael did something wrong was laid off by Michael and sued Michael for money long before they made any allegations. These people were Blanca Francia, Charlie Michaels (whose story is refuted by Wade's own mother), Orietta Murdock, Donald Stark and Leroy Thomas (of Hayvenhurst 5).  All of these people were paid by tabloid media and in his deposition Donald Stark even said that Diane Dimond’s Hard Copy wanted them to fabricate stories. It’s very telling that even Sneddon did not use Michaels, Murdock and any of the Hayvenhurst 5. Yet now Wade is trying to build a case based on these people with serious credibility issues.

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On August 3rd, Wade Robson’s lawyers served Jonathan Spence with a deposition subpoena, asking Spence to show up for a deposition on August 22nd. After receiving the subpoena Jonathan Spence hired a lawyer and sent an objection. (Document: https://www.scribd.com/document/360297273/Robson-Case-Spence-Protective-Order-Motion)

Spence’s original objection was about the date Robson’s lawyers set for deposition. Spence’s lawyer notified Robson’s lawyer that neither he nor Spence were available on August 22nd and asked if they can have a phone call to determine a new date.

There was a back and forth, with Spence’s lawyer repeatedly asking for a phone call to determine new date for deposition and Robson’s lawyer refusing to take part in such discussion. Then Robson’s lawyer Finaldi responded in the most rude way possible with the goal of threatening Spence.

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The abominable way Robson’s lawyer Finaldi treated Jonathan Spence prompted Spence’s lawyer to look into the Robson case further. That resulted in Spence’s lawyer discovering how Safechuck claims were dismissed and how the Michael Jackson Estate have filed a summary judgment against Robson. Based on these information Spence’s lawyer concluded that Robson’s claims will also probably be dismissed.

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It’s summary judgment time! The Estate filed a detailed motion which exposes more of Robson’s lies.

The much anticipated summary judgment motion has arrived. The summary judgment motion is a request by a party (Estate) to dismiss the case before trial, based on the argument that anyone (“any sensible jury”) who looks to the facts of the case and applies the relevant laws, would consequently rule in favor of the moving party (Estate) - which renders the trial unnecessary. For the first time since Robson filed his lawsuit, the Estate can finally introduce any evidence and information that they have uncovered through discovery.

The Estate’s motion for summary judgment focuses on two main aspects: The technical discussion of the relevant laws and the fact Robson cannot satisfy the law requirements. For the second aspect the Estate relies heavily on new details from Joy Robson’s (Wade’s mother) deposition, which debunk many of Wade’s own claims against the companies. It’s poetic justice.

Joy Robson’s deposition and other exhibits that were attached to this Motion will be discussed in detail in another post, coming later. For now, we are going to focus on the Motion alone and the legal aspect that establish this request for summary judgement.

Motion for Summary Judgment - https://www.scribd.com/document/353417846/Mj-Estate-Summary-Judgment-for-Robson

For the case to survive Wade Robson needs to demonstrate two things:

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The exhibits attached to the Motion are as follows:

Exhibit 1-10: Company documents of MJJ Productions and MJJ Ventures.

Exhibit 11: Deposition of Joy Robson - September 30, 2016 (excerpts)

Exhibit 12: Deposition of Jolie Levine - January 11, 2017 (excerpts)

Exhibit 13: Deposition of Gary Hearne - September 2, 2016 (excerpts)

Exhibit 14: Deposition of Gayle Goforth - October 24, 2016 (excerpts)

Exhibit 15: November 17, 2012 E-mail Between Joy Robson and Wade Robson

Exhibit 16: Trial Testimony of Wade Robson (May 5, 2005)

Exhibit 17: Screenshot of Page on Website of McDonald Selznick Associates

Exhibit 18: Order Denying the Petition of Wade Robson for Order Allowing Filing of a Late Claim Against the Estate of Michael J. Jackson

Exhibit 19: Excerpts of Draft Book of Wade Robson (conditionally filed under seal)

Exhibit 20: E-mail Sent from Wade Robson to Himself, October 22, 2013 (conditionally filed under seal)

Exhibit 21-22 : Declaration and Certificate of Merit of Henry Gradstein in Support of Complaint Against Doe 2 & Doe 3 (conditionally filed under seal)

This post will discuss in detail the bolded exhibits in the list above. Before we start, we would like to add a clarification about the ones are not included in this post. Exhibit 1-10 are company documents of MJJ Productions (MJJP) and MJJ Ventures (MJJV), which prove the Estate’s claim that MJ was the sole shareholder of MJJP and MJJV, at all relevant times. There isn’t much more to add about that, so we have found it it unnecessary to include 85 more pages of company documents. Two other exhibits, Wade Robson’s testimony from 2005 (Exhibit 16) and  Judge Beckloff’s ruling to dismiss Wade’s Probate petition (Exhibit 18) are already well-known and available online. Exhibit 19-22 are conditionally under seal as per Robson’s request and are therefore not available in the redacted  public version of the Motion.The other exhibits and declaration of John Branca can be found below.

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Finally some excellent news to report. According to the case summary, on June 26th MJ Estate filed their summary judgment motion to dismiss Wade Robson’s case. When we went to the court to get the Robson documents, we also asked about any filings at Safechuck case and we found out that Judge Beckloff ruled on June 28th on the Estate’s demurrer and dismissed Safechuck’s case for good. Time to celebrate.

 

I want to briefly comment on the Judge’s ruling as well as what this means for Robson case. Judge's full ruling can be found here: https://www.scribd.com/document/353219745/Safechuck-Ruling-Demurrer-Dismissal

 

Keep in mind that for the purposes of demurrer, the judge is required by law to accept all the claims by Safechuck as true and only determines if there is a legal basis for the lawsuit. Also I want to emphasize that judge summarizing Safechuck allegations in his ruling doesn’t mean he believes them. In fact, the Judge even notes the requirement on page 9 of the ruling: "Accepting plaintiff's allegations as true (as the court must on demurrer except to the extent such factual allegations are contradicted by prior pleadings or judicially noticeable facts)...". Estate is also limited as they cannot present any new evidence at the demurrer phase. They can only argue against Safechuck’s claims using the law and the precedent cases.

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