As you might know Robson has two cases against MJ Estate, one of them is a creditor’s claim filed at probate court and second one is a civil case. Below includes updates and information about both cases.
Probate case: Robson is asking to be allowed to file a late creditor claim (9103 motion). Estate opposed to it. Summary judgment motion is pending. Estate says if late filing of creditor claim is granted, they would likely deny the creditor’s claim and Robson said if that’s the case he would add Executors as Doe 4 and Doe 5 in his civil trial. It’s stated that the 9103 petition will be tried in court in February 2015.
Civil case: Estate has filed two demurrers (dismissal request stating there’s no legal basis for a lawsuit); both are pending with a hearing set for October 2014. Executors may file additional demurrers.
There is a scheduling issue in regards to the trial. Robson proposed the trial to start at June 2015. Estate objects to it and states it’s too early to set a trial date based on the following:
- Probate late filing petition (9103) isn’t being tried until February 2015. Assuming late filing of creditor’s claim is denied (either by court or Estate) and Estate is added to the civil trial between February and June (2015) they won’t have enough time to respond to complaint, file demurrer, file motions, take discovery, respond to discovery and find experts.
- Estate is also opposing to possibly dividing the case and trying defendants separately.
Robson has served several hundred interrogatories (over the limit of 35) and these requests are subject to protective order. Estate states most interrogatories are about MJ’s alleged personal and private conduct and they have no information. Robson lawyers refuse Estate’s request to meet and confer about interrogatories.