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Ivy @ Ivy_4MJ · 8 Std.
Safechuck's name is now listed as claimant. It looks like they went to Dimond 3 days before filing with the court
Safechuck Name wird nun als Kläger aufgeführt. Es sieht aus, dass sie zu Dimond 3 Tage vor der Einreichung bei Gericht gingen.
Quelle: https://twitter.com/Ivy_4MJ
Am 13.06. wird Safechucks Antrag behandelt seine Klage versiegelt zu halten
Beides übernommen aus @LenaLena's posts im Forever forum.
Case Dismissed? Attorneys For Michael Jackson’s Estate Ask Judge To Throw Out Molestation Claim From James Safechuck — Find Out Why
Posted on Sep 9, 2014 @ 5:04AM
(Bild enthalten) Lawyers for Michael Jackson‘s Estate have formally asked a judge to dismiss claims from a second alleged molestation victim, James Safechuck, because it was filed almost five years after the pop singer’s death, RadarOnline.com is exclusively reporting.
“Safechuck’s petition must be denied because any claim would be barred by the one year death statute of limitations. The Petition was not filed until May 9, 2014, almost five years after Michael’s death,” court documents obtained by Radar state.
Safechuck filed a creditor’s claim against Michael Jackson’s Estate, affixing his name to the suit filed by Australian choreographer Wade Robson a year ago.
READ THE DOCUMENTS!
Safechuck had worked with Jackson in a 1987 Pepsi commercial, and in the creditor’s claim, he alleged he was groomed, and sexually molested by Michael Jackson for five years, beginning when he was 10 years old.
Lawyers for the Estate, also point out in the documents, that unlike Robson, who claimed he didn’t recall being allegedly molested by the late singer, Safechuck alleges “He became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife’s pregnancy in 2010. He allegedly did not connect these anxieties to the alleged abuse in 2010, however. Rather, Safechuck claims when he learned about Robson’s lawsuit after May 1, 2013, he thought for the first time he might need help. Safechuck started meeting with a psychiatrist on May 20, 2013, and began discussing the alleged abuse during the treatment.”
Safechuck also retained Robson’s lawyer for legal representation.
(...)
During the 2005 criminal proceedings, in which Jackson was found not guilty, one manager of the “Heal The World” singer’s Neverland estate testified he’d seen Jackson and Safechuck in a jacuzzi, at which time the “Will You Be There” singer had his hands “down the front of Jimmy’s underpants and was manipulating the boy’s genitalia.”
A maid said in the same proceedings that she’d seen Safechuck and the “Billie Jean” singer in bed together, with nothing on from the waist up.
Ron Zonen, the prosecutor in Jackson’s 2005 trial in Santa Barbara, said he believes the men that have stepped forward to accuse the “Money” singer posthumously represent just the tip of the iceberg in the potential pool of victims.
A hearing has been scheduled for November 19, 2014.
MJ Estate ask Judge to throw out claims by Safechuck
Category: Robson v. Estate Published: Wednesday, 10 September 2014 03:30 Hits: 231
document here : https://amradaronline.files.wordpres...901-signed.pdf
It's the Estate's request for a demmurrer of Safechuck's case. It does not contain Safechuck's lawsuit, but it does refer to some elements of it so we can learn from it:
- Safechuck alleges MJ molested him between 1988 and 1991.
- Safechuck admits he learnt about MJ's death shortly after he died and he was aware of his Estate. (No "I had no idea
about the administration of the Estate" claim here as in Robson's claims.)
- He learnt about Robson's allegations shortly after May 1, 2013.
- Safechuck's lawyer, Maryann Marzano (same as Robson's lawyer) said in their lawsuit that she's been working on Safechuck's case 8 months before they filed in May, 2014. Which would mean she's been working on it since September, 2013.
- He claims he did not testify in 2005 because he was concerned his mother would find out he was sexually abused by MJ. He
claims regardless ultimately he told his mother in 2005 that MJ was a "bad man" and that he "had been abused by MJ".
- He claims he did not initially connect various anxiety issues he suffered to the alleged abuse until mid-2013.
- He claims he became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife's pregnancy in 2010.
- He claims he did not link these anxiety issues to his alleged abuse until he saw Robson in 2013 and went into therapy on May 20, 2013, discussing the alleged abuse.
They have a different strategy as with Robson. Safechuck admits knowing about the Estate since 2009, and does not claim he was unwilling or unable to realize his alleged abuse until shortly before he filed, he does not claim repressed memories etc. He claims though that he did not connect his anxiety issues to his alleged abuse until he went to therapy in May 2013.
They have no chance with probate court law (having to file 60 days after learning about the Estate or the facts supporting the claim), so they rely on equitable estoppel. However they apparently present a brand new equitable estoppel theory that has never been used in courts before. Estate says they have found no case supporting the application of estoppel the way Safechuck tries to. Equitable estoppel, according to the Estate argument, could only be applied in this case if it was a result of the conduct of the Executors or Befeficiaries, not the Decendent's (equitable estoppel could have only been used because of the Decendent's alleged conduct within one year of his death).
Safechuck claims MJ's conduct is the reason why he did not connect the alleged harm to the alleged abuse until mid-2013. Apparently the claim is that MJ manipulated him to believe that he was "in love with [MJ] and [MJ] had done nothing wrong" (actually this is a quote from a precedent case, but the document says Safechuck claims the same thing). And Safechuck claims he's realized the "truth" that he's been a victim of sexual abuse only after therapy in 2013. (How does it jive with his other claim that he told his mother in 2005? Or that he was concerned about pedophiliac urges in 2010? If he thought it was love until mid-2013 why was he concerned about that?)
However, argues the Estate, this would be the case of delayed discovery, not equitable estoppel and delayed discovery is irrelevant here, because in case of delayed discovery he should have filed his lawsuit 60 days within acquiring knowledge about the connection between his psychological harms and the alleged abuse.
Also:
"Safechuck spends the majority of legal argument on the contention that the policy considerations behind CCP 340.1 somehow "estop" the Executors from relying on the applicable deadlines.
The plain language of 340.1., however, confirms that it has no application to these proceedings."
Then they cite precedent cases where it's quiet clearly stated if the creators of a law intended to state something in a law then they would have done so. There is no support in Court practice for interpreting things into laws which aren't there. At least that's how I understand this argument.
Then the Estate asks for the dismissal of Safechuck's late claim.
Note: Above summary is done by OTW.
Der antrag der Estate anwälte bzgl. des 'late creditors claim' vom 03.09.2014 (link zum dokument s. oben im artikel) dreht sich um die abweisung der petition J.S. wegen einreichung nach ablauf der frist und "verjahrung" seiner ansprüche..
Die kernpunkte Safechucks behauptungen sind, zit.:
- Safechuck alleges MJ molested him between 1988 and 1991.
- Safechuck admits he learnt about MJ's death shortly after he died and he was aware of his Estate. (No "I had no idea
about the administration of the Estate" claim here as in Robson's claims.)
- He learnt about Robson's allegations shortly after May 1, 2013.
- Safechuck's lawyer, Maryann Marzano (same as Robson's lawyer) said in their lawsuit that she's been working on Safechuck's case 8 months before they filed in May, 2014. Which would mean she's been working on it since September, 2013.
- He claims he did not testify in 2005 because he was concerned his mother would find out he was sexually abused by MJ. He
claims regardless ultimately he told his mother in 2005 that MJ was a "bad man" and that he "had been abused by MJ".
- He claims he did not initially connect various anxiety issues he suffered to the alleged abuse until mid-2013.
- He claims he became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife's pregnancy in 2010.
- He claims he did not link these anxiety issues to his alleged abuse until he saw Robson in 2013 and went into therapy on May 20, 2013, discussing the alleged abuse.
Ich hoffe, ich krieg die übersetzung korrekt hin ... bitte einspruch, wenn fehlerhaft:
- S. behauptet, dass MJ ihn zwischen 1988 und 1991 belästigt hat.
- S. gibt zu, dass er von MJs tod kurz nach dessen ableben erfuhr und dass ihm bekannt war, dass eine nachlassverwaltung eingesetzt war (Im gegensatz zu R.W. behauptungen in diesem punkt, vom MJEstate keine kenntnis gehabt zu haben..)
- S. erfuhr von W.R.s anschuldigungen kurz nach dem 1. Mai 2013.
- Die RAin von Safechuck, Maryann Marzano (die gleiche wie R.W.s) habe 8 monate an dem fall ihres mandanten gearbeitet, bevor sie die sache im Mai 2014 gerichtsanhängig gemacht habe. Sie habe ab September 2013 an dem fall gearbeitet..
- S. behauptet, dass er 2005 nicht ausgesagt habet, weil er befürchtete, dass seinen mutter erfahren würde, dass er von MJ sexuell missbraucht wurde. besorgt wurde, dass seine Mutter herausfinden würde, dass er durch MJ sexuell beleidigt wurde. Er klärte seine mutter in 2005 schliesslich trotzdem auf und erklärte ihr, dass MJ 'ein schlechter mann' war und dass er 'durch MJ missbraucht worden sei'.
- S. behauptet, dass er seine diversen angstprobleme anfangs nicht mit dem missbrauch verband .. bis mitte 2013.
- S behauptet, dass er befürchete pedophilen drang zu verfallen als sein sohn geboren wurde und dass er während der schwangerschaft seine frau 2010 das verordnete medikament Xanax nahm..
- S behauptet, dass er diese angstprobleme nicht mit dem angeblichen missbrauch verbunden habe, bis er Robson 2013 gesehen habe und am 20. Mai 2013 eine therapie begonnen habe, die sich dem missbrauch widmete.
Das nächste hearing ist für den 19. November 2014 angesetzt.
Ivy @ Ivy_4MJ · 8 Std.
Safechuck's name is now listed as claimant. It looks like they went to Dimond 3 days before filing with the court
Safechuck Name wird nun als Kläger aufgeführt. Es sieht aus, dass sie zu Dimond 3 Tage vor der Einreichung bei Gericht gingen.
Quelle: https://twitter.com/Ivy_4MJ
Am 13.06. wird Safechucks Antrag behandelt seine Klage versiegelt zu halten
Beides übernommen aus @LenaLena's posts im Forever forum.
Case Dismissed? Attorneys For Michael Jackson’s Estate Ask Judge To Throw Out Molestation Claim From James Safechuck — Find Out Why
Posted on Sep 9, 2014 @ 5:04AM
(Bild enthalten) Lawyers for Michael Jackson‘s Estate have formally asked a judge to dismiss claims from a second alleged molestation victim, James Safechuck, because it was filed almost five years after the pop singer’s death, RadarOnline.com is exclusively reporting.
“Safechuck’s petition must be denied because any claim would be barred by the one year death statute of limitations. The Petition was not filed until May 9, 2014, almost five years after Michael’s death,” court documents obtained by Radar state.
Safechuck filed a creditor’s claim against Michael Jackson’s Estate, affixing his name to the suit filed by Australian choreographer Wade Robson a year ago.
READ THE DOCUMENTS!
Safechuck had worked with Jackson in a 1987 Pepsi commercial, and in the creditor’s claim, he alleged he was groomed, and sexually molested by Michael Jackson for five years, beginning when he was 10 years old.
Lawyers for the Estate, also point out in the documents, that unlike Robson, who claimed he didn’t recall being allegedly molested by the late singer, Safechuck alleges “He became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife’s pregnancy in 2010. He allegedly did not connect these anxieties to the alleged abuse in 2010, however. Rather, Safechuck claims when he learned about Robson’s lawsuit after May 1, 2013, he thought for the first time he might need help. Safechuck started meeting with a psychiatrist on May 20, 2013, and began discussing the alleged abuse during the treatment.”
Safechuck also retained Robson’s lawyer for legal representation.
(...)
During the 2005 criminal proceedings, in which Jackson was found not guilty, one manager of the “Heal The World” singer’s Neverland estate testified he’d seen Jackson and Safechuck in a jacuzzi, at which time the “Will You Be There” singer had his hands “down the front of Jimmy’s underpants and was manipulating the boy’s genitalia.”
A maid said in the same proceedings that she’d seen Safechuck and the “Billie Jean” singer in bed together, with nothing on from the waist up.
Ron Zonen, the prosecutor in Jackson’s 2005 trial in Santa Barbara, said he believes the men that have stepped forward to accuse the “Money” singer posthumously represent just the tip of the iceberg in the potential pool of victims.
A hearing has been scheduled for November 19, 2014.
MJ Estate ask Judge to throw out claims by Safechuck
Category: Robson v. Estate Published: Wednesday, 10 September 2014 03:30 Hits: 231
document here : https://amradaronline.files.wordpres...901-signed.pdf
It's the Estate's request for a demmurrer of Safechuck's case. It does not contain Safechuck's lawsuit, but it does refer to some elements of it so we can learn from it:
- Safechuck alleges MJ molested him between 1988 and 1991.
- Safechuck admits he learnt about MJ's death shortly after he died and he was aware of his Estate. (No "I had no idea
about the administration of the Estate" claim here as in Robson's claims.)
- He learnt about Robson's allegations shortly after May 1, 2013.
- Safechuck's lawyer, Maryann Marzano (same as Robson's lawyer) said in their lawsuit that she's been working on Safechuck's case 8 months before they filed in May, 2014. Which would mean she's been working on it since September, 2013.
- He claims he did not testify in 2005 because he was concerned his mother would find out he was sexually abused by MJ. He
claims regardless ultimately he told his mother in 2005 that MJ was a "bad man" and that he "had been abused by MJ".
- He claims he did not initially connect various anxiety issues he suffered to the alleged abuse until mid-2013.
- He claims he became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife's pregnancy in 2010.
- He claims he did not link these anxiety issues to his alleged abuse until he saw Robson in 2013 and went into therapy on May 20, 2013, discussing the alleged abuse.
They have a different strategy as with Robson. Safechuck admits knowing about the Estate since 2009, and does not claim he was unwilling or unable to realize his alleged abuse until shortly before he filed, he does not claim repressed memories etc. He claims though that he did not connect his anxiety issues to his alleged abuse until he went to therapy in May 2013.
They have no chance with probate court law (having to file 60 days after learning about the Estate or the facts supporting the claim), so they rely on equitable estoppel. However they apparently present a brand new equitable estoppel theory that has never been used in courts before. Estate says they have found no case supporting the application of estoppel the way Safechuck tries to. Equitable estoppel, according to the Estate argument, could only be applied in this case if it was a result of the conduct of the Executors or Befeficiaries, not the Decendent's (equitable estoppel could have only been used because of the Decendent's alleged conduct within one year of his death).
Safechuck claims MJ's conduct is the reason why he did not connect the alleged harm to the alleged abuse until mid-2013. Apparently the claim is that MJ manipulated him to believe that he was "in love with [MJ] and [MJ] had done nothing wrong" (actually this is a quote from a precedent case, but the document says Safechuck claims the same thing). And Safechuck claims he's realized the "truth" that he's been a victim of sexual abuse only after therapy in 2013. (How does it jive with his other claim that he told his mother in 2005? Or that he was concerned about pedophiliac urges in 2010? If he thought it was love until mid-2013 why was he concerned about that?)
However, argues the Estate, this would be the case of delayed discovery, not equitable estoppel and delayed discovery is irrelevant here, because in case of delayed discovery he should have filed his lawsuit 60 days within acquiring knowledge about the connection between his psychological harms and the alleged abuse.
Also:
"Safechuck spends the majority of legal argument on the contention that the policy considerations behind CCP 340.1 somehow "estop" the Executors from relying on the applicable deadlines.
The plain language of 340.1., however, confirms that it has no application to these proceedings."
Then they cite precedent cases where it's quiet clearly stated if the creators of a law intended to state something in a law then they would have done so. There is no support in Court practice for interpreting things into laws which aren't there. At least that's how I understand this argument.
Then the Estate asks for the dismissal of Safechuck's late claim.
Note: Above summary is done by OTW.
Der antrag der Estate anwälte bzgl. des 'late creditors claim' vom 03.09.2014 (link zum dokument s. oben im artikel) dreht sich um die abweisung der petition J.S. wegen einreichung nach ablauf der frist und "verjahrung" seiner ansprüche..
Die kernpunkte Safechucks behauptungen sind, zit.:
- Safechuck alleges MJ molested him between 1988 and 1991.
- Safechuck admits he learnt about MJ's death shortly after he died and he was aware of his Estate. (No "I had no idea
about the administration of the Estate" claim here as in Robson's claims.)
- He learnt about Robson's allegations shortly after May 1, 2013.
- Safechuck's lawyer, Maryann Marzano (same as Robson's lawyer) said in their lawsuit that she's been working on Safechuck's case 8 months before they filed in May, 2014. Which would mean she's been working on it since September, 2013.
- He claims he did not testify in 2005 because he was concerned his mother would find out he was sexually abused by MJ. He
claims regardless ultimately he told his mother in 2005 that MJ was a "bad man" and that he "had been abused by MJ".
- He claims he did not initially connect various anxiety issues he suffered to the alleged abuse until mid-2013.
- He claims he became concerned about having pedophilic urges when his son was born and that he was prescribed Xanax during his wife's pregnancy in 2010.
- He claims he did not link these anxiety issues to his alleged abuse until he saw Robson in 2013 and went into therapy on May 20, 2013, discussing the alleged abuse.
Ich hoffe, ich krieg die übersetzung korrekt hin ... bitte einspruch, wenn fehlerhaft:
- S. behauptet, dass MJ ihn zwischen 1988 und 1991 belästigt hat.
- S. gibt zu, dass er von MJs tod kurz nach dessen ableben erfuhr und dass ihm bekannt war, dass eine nachlassverwaltung eingesetzt war (Im gegensatz zu R.W. behauptungen in diesem punkt, vom MJEstate keine kenntnis gehabt zu haben..)
- S. erfuhr von W.R.s anschuldigungen kurz nach dem 1. Mai 2013.
- Die RAin von Safechuck, Maryann Marzano (die gleiche wie R.W.s) habe 8 monate an dem fall ihres mandanten gearbeitet, bevor sie die sache im Mai 2014 gerichtsanhängig gemacht habe. Sie habe ab September 2013 an dem fall gearbeitet..
- S. behauptet, dass er 2005 nicht ausgesagt habet, weil er befürchtete, dass seinen mutter erfahren würde, dass er von MJ sexuell missbraucht wurde. besorgt wurde, dass seine Mutter herausfinden würde, dass er durch MJ sexuell beleidigt wurde. Er klärte seine mutter in 2005 schliesslich trotzdem auf und erklärte ihr, dass MJ 'ein schlechter mann' war und dass er 'durch MJ missbraucht worden sei'.
- S. behauptet, dass er seine diversen angstprobleme anfangs nicht mit dem missbrauch verband .. bis mitte 2013.
- S behauptet, dass er befürchete pedophilen drang zu verfallen als sein sohn geboren wurde und dass er während der schwangerschaft seine frau 2010 das verordnete medikament Xanax nahm..
- S behauptet, dass er diese angstprobleme nicht mit dem angeblichen missbrauch verbunden habe, bis er Robson 2013 gesehen habe und am 20. Mai 2013 eine therapie begonnen habe, die sich dem missbrauch widmete.
Das nächste hearing ist für den 19. November 2014 angesetzt.
war ihnen alles erst 2013 klar. sorry aber ich glaube sowas leider nicht. spätestens als S. seine mutter aufgeklärt haben soll, müsste die mutter doch mj verklagt haben bzw ne anzeige gemacht haben.....in meinen augen totaler müll
Taj Jackson
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