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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING

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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING

Post by Admin Tue Dec 03, 2013 11:14 pm

Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit
by Craig Clough

December 03, 2013

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Katherine Jackson, the 83-year-old family matriarch who lives in Encino, sued in September 2010 on behalf of herself and her son’s three children.

In newly filed court papers, attorneys for Katherine Jackson say they will seek a new trial of a lawsuit alleging concert promoter AEG Live negligently hired the doctor who gave Michael Jackson a fatal dose of the anesthetic propofol.

In documents filed Monday, lawyers for the mother of the pop superstar say the grounds for the motion include alleged misconduct by the jury, newly discovered evidence, a lack of evidence to support the Oct. 2 verdict and “an error in law occurring at trial.”

The two-page document states the motion for a new trial will be based on affidavits, declarations and citations of the law. The court papers do not offer any further clarification. No date has been set for a hearing on the motion.

After nearly 14 hours of deliberations over four days, the six-man, six-woman jury determined that AEG did hire Dr. Conrad Murray as Jackson’s doctor, but it answered “no” to question No. 2, which asked if Murray was “unfit or incompetent to perform the work for which he was hired.”

With that answer, the jury denied any damages to Katherine Jackson and the late singer's three children.

Katherine Jackson, the 83-year-old family matriarch who lives in Encino, sued in September 2010 on behalf of herself and her son's three children -- Michael Jr., Paris- Michael Katherine and Prince Michael -- claiming that AEG Live hired Murray to be Jackson's personal physician and failed to properly supervise him.

Murray, who was convicted of involuntary manslaughter for Jackson's death, has since been released from jail. Jackson died June 25, 2009, at age 50 of acute propofol intoxication.

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Last edited by Admin on Thu Jan 02, 2014 7:45 pm; edited 3 times in total
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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Michael Jackson's family to seek new trial in wrongful death lawsuit

Post by Admin Tue Dec 03, 2013 11:32 pm

Michael Jackson's family to seek new trial in wrongful death lawsuit

December 03, 2013

LOS ANGELES (Reuters) - The family of late singer Michael Jackson has filed court documents indicating they plan to seek a new trial in a wrongful death lawsuit against concert promoter AEG, after a Los Angeles jury cleared the company of liability in October.

Attorneys for Jackson's mother Katherine, 83, and his three children filed court documents in citing misconduct of the jury and insufficient evidence among the reasons for the pending request for a new trial.

The two-page court filing, which was submitted on Monday in Los Angeles County Superior Court, also cited newly discovered evidence but did not go into detail.

Katherine Jackson and the singer's three children Prince Michael, Paris and Blanket, sued AEG Live over Jackson's 2009 death at age 50 in Los Angeles from an overdose of the powerful anesthetic propofol given to the pop star by his then doctor, Conrad Murray.

The wrongful death lawsuit claimed the concert promoter had acted negligently by hiring Murray as Jackson's personal physician, but a jury concluded Murray was sufficiently qualified for his job.

The verdict came after a sensational five-month trial that offered a glimpse into the private life and final days of the 'King of Pop.'

At the time, her attorneys promised to consider "all options" in response to the verdict.

Murray was convicted of involuntary manslaughter in 2011 for Jackson's death and served half of his four-year sentence in a Los Angeles prison. He was released in October under a California state plan to reduce prison overcrowding.

(Reporting by Piya Sinha-Roy and Eric Kelsey, Editing by Alex Dobuzinskis and Philip Barbara)

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Post by Admin Tue Dec 03, 2013 11:38 pm

I checked the LASC summary page for the KJ v AEG trial for the documents filed 12/2/13 but they are not posted yet. When these docs are - I will post here.

"The two-page court filing, which was submitted on Monday in Los Angeles County Superior Court, also cited newly discovered evidence but did not go into detail."

This is very interesting as well as this:

"Attorneys for Jackson's mother Katherine, 83, and his three children filed court documents in citing misconduct of the jury and insufficient evidence among the reasons for the pending request for a new trial."

I am very anxious to know what this new evidence is as well as the other filings along with jury misconduct. Whatever the case may be-I am VERY pleased this is rolling along. Now we need the KJ attorneys to win the argument to take this to another trial with a NEW judge! PLEASE!

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Post by Admin Wed Dec 04, 2013 12:02 am

This was just posted on the LASC summary page:

12/02/2013 Miscellaneous-Other ( DEFENDANTS AEG LIVE, LLC, AEG LIVE PRODUCTIONS, LLC, BRANDON PHILLIPS, AND PAUL GONGAWARE'S RESERVATION OF RIGHT TO SUPPLEMENT MEMORANDUM OF COSTS)
Filed by Attorney for Deft/Respnt

12/02/2013 Memorandum of Costs ($1,217,684.66 )
Filed by Attorney for Deft/Respnt

Note: This is new but not the plaintiff's docs-this is the defense -


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Post by Capricious Anomaly Wed Dec 04, 2013 12:10 am

Thanks admin for posting this too. Over $1M is nothing considering what's coming their way (Gongaware and Phillips ugh)
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Post by MjjPureSoul Thu Dec 05, 2013 6:44 am

Thanks for this news Admin. I just wish KJ to have gone for CM instead of those scumbag rats (AEG) to start with. She should have gone for CM's jugular from the very beginning. I can't see her getting any sort of justice or satisfaction from those sewer rats at all. The poor woman will never get peace.

Hi Caprish :-) and you too Admin just to let you know I have seen this article posted on the dungeon by the dweebj so hope she hasn't lifted it from here Suspect  
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Post by Capricious Anomaly Thu Dec 05, 2013 2:41 pm

Hey PureSoul! How are you doing? Great to see you!

I know that this news has been out a couple days and it is probably on several sites by now. I saw another thread that has been ongoing over there for a long time that had that and more updates. That one you mentioned probably saw that Rolling Eyes 

lol Wink
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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Re: Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING

Post by Admin Fri Dec 06, 2013 5:08 pm

The hearing for the Motion for the new trial is scheduled for 1/3/14 (see below from the LASC website summary page)

Future Hearings

01/03/2014 at 08:45 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion for New Trial

This was finally added:

12/02/2013 Ntc Intent to Move for New Trial
Filed by Attorney for Plaintiff/Petitioner

12/05/2013 Notice-Hearing-Motion-New Trial
Filed by Clerk


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Post by WeAreTheWorld. Fri Dec 06, 2013 8:51 pm

Wow so the hearing is less than a month away- that will fly by!

Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING 1965541534 
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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Legal Document: 12/2/13 Motion to move the Court for a new trial-typed version

Post by MJ Mod Fri Dec 06, 2013 9:28 pm

Typed Version of legal documents filed in Los Angeles Superior Court for the Plaintiffs’ notice of intent to move for a new trial. Case No. BC 445597

TO THE HONORABLE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT as soon as the matter may be heard in department 28 of the above-entitled Court, located at 111 North Hill Street, Los Angeles, California, 90012, Plaintiffs: Katherine Jackson, individually and as the Guardian ad Litem of Michael Joseph Jackson Jr., Paris-Michael Katherine Jackson, and Prince Michael Jackson II.  (“Plaintiffs”), will move this Court for a new trial pursuant to Code of Civil Procedures sections 657 and 659.

This motion will be made on each and all of the following grounds set forth in Code of Civil Procedure section 657, which materially affected the substantial rights of the moving party and deprived plaintiffs of their right to a fair trial:

1. Irregularity in proceeding of the Court, jury or defendants, or orders of the Court or abuse of discretion by which plaintiffs were prevented from having a fair trial.
2. Misconduct of the jury.
3. Accident or surprise.
4. Newly discovered evidence.
5. Insufficiency of the evidence to justify the verdict.
6. The verdict is against the law.
7. Error in law occurring at trial and accepted to by plaintiffs.

This motion will be based upon affidavits or declarations and upon the minutes of the Court as well as this Notice, the Memorandum of Points and authorities accompanying the motion, and all other pleadings and papers on file in this action, and such other matters as may be presented by council at or before the hearing on this application.

Dated December 2, 2013

Respectively submitted,
PANISH SHEA & BOYLE LLP
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Post by Admin Fri Dec 06, 2013 9:34 pm

Thanks for the great work again MJ Mod! Much appreciated.

FYI: It is not proper to post legal documents with those watermarks all over it unless you are the owner of the docs. (As some MJ sites do). So we prefer to type the actual text.

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Post by Admin Thu Jan 02, 2014 7:44 pm

Future Hearings

01/03/2014 at 08:45 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion for New Trial

Here we go-it is tomorrow! Let's all pray for justice and that this judge Palazuelos does the right thing here.

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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Future Hearings update 1/3/14

Post by Admin Fri Jan 03, 2014 5:31 pm

Future Hearings

01/03/2014 at 08:46 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion for New Trial(MOTION TO SEAL PORTIONS OF THEUNREDACTED DECLARATION OF JESSICASTEBBINS BINA)

04/14/2014 at 08:46 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion to Tax Costs




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Michael Jackson's Mother Seeks New Trial of Wrongful Death Lawsuit-TOMORROW 1/3/14 IS THE HEARING Empty Update 1/3/14 documents filed:

Post by Admin Fri Jan 03, 2014 5:33 pm

Update 1/3/14 documents filed:

01/02/2014 Request (media request to photograph, record, or broadcast- KABC TV DENIED )
Filed by Interested Party

01/02/2014 Request (media request to photograph, record, or broadcast- KCAL 9 DENIED )
Filed by Interested Party

12/30/2013 Proof of Service (re: surreply in support of aeg llc's opposition to pltffs motion for new trial and supportin documents )
Filed by Attorney for Defendant/Respondent

12/30/2013 Reply/Response (SURREPLY IN FURTHER SUPPORT OF AEG LIVE LLC'S OPPOSITION TO PLTFF MOTION FOR NEW TRIAL; SUPPLEMENTAL DECLARATION OF JESSICA STEBBINS BINA IN FURTHER SUPPORT)
Filed by Attorney for Defendant/Respondent

12/30/2013 Reply/Response (AEG LIVE'S REPLY IN FURTHER SUPPORT OF OBJECTIONS TO AND MOTION TO STRIKE JUROR DECL SUBMITTED IN SUPPORT OF PLTFFS MOTION FOR NEW TRIAL )
Filed by Attorney for Defendant/Respondent

12/27/2013 Opposition Document (pltffs opposition to aeg live llc's objections to and motion to strike juror declaration )
Filed by Attorney for Plaintiff/Petitioner

12/27/2013 Objection Document ((redacted) pltffs objections to juror declaration submitted in support of defdts opposition to motion for new trial; proposed order )
Filed by Attorney for Plaintiff/Petitioner

12/27/2013 Supplemental Declaration (redacted supplemental declaration of deborah s. change, esq, in support of pltffs reply to defdts opposition to motion for new trial )
Filed by Attorney for Plaintiff/Petitioner

12/27/2013 Reply/Response (pltffs reply to defdts opposition to ptlffs memo of points and auth in support of pltffs motion for new trial; supplemental declaration )
Filed by Attorney for Plaintiff/Petitioner

12/26/2013 Miscellaneous-Other (MEDIA REQUEST DENIED )
Filed by Clerk

12/23/2013 Proof of Service
Filed by Attorney for Defendant/Respondent

12/23/2013 Motion (TO SEAL PORTIONS OF THE UNREDACTED DECLARATION OF JESSICA STEBBINS BINA FILED IN SUPPORT OF AEG LIVE, LLC'S OPPPOSITION TO PLAINTIFFS' MOTION FOR NEW TRIAL; )
Filed by Attorney for Defendant/Respondent

12/23/2013 Objection (TO AND MOTION TO STRIKE JUROR DECLARATIONS SUBMITTED IN SUPPORT OF PLAINTIFFS' MOTION FOR NEW TRIAL; )
Filed by Attorney for Defendant/Respondent

12/23/2013 Opposition Document (TO PLAINTIFFS' MOTION FOR NEW TRIAL; )
Filed by Attorney for Defendant/Respondent

12/17/2013 Motion to Tax Costs (PLAINTFIFS NOTICE OF MOTION AND MOTION TO TAX DEFDTS COSTS; MEMO OF POINTS AND AUTH )
Filed by Attorney for Plaintiff/Petitioner

12/12/2013 Declaration ((REDACTED) DECLARATION SOF DEBORAH S. CHANG ESQ IN SUPPORT OF PLTFFS MOTION FOR NEW TRIAL )
Filed by Attorney for Plaintiff/Petitioner

12/12/2013 Supporting Docs/ P's & A's (PLAINTIFFS MEMO OF POINTS AND AUTH IN SUPPORT OF PLTFFS MOTION FOR NEW TRIAL )
Filed by Attorney for Plaintiff/Petitioner

12/05/2013 Notice-Hearing-Motion-New Trial
Filed by Clerk

12/02/2013 Miscellaneous-Other ( DEFENDANTS AEG LIVE, LLC, AEG LIVE PRODUCTIONS, LLC, BRANDON PHILLIPS, AND PAUL GONGAWARE'S RESERVATION OF RIGHT TO SUPPLEMENT MEMORANDUM OF COSTS)
Filed by Attorney for Deft/Respnt

12/02/2013 Memorandum of Costs ($1,217,684.66 MEMO TO DEPT 28 12/19/13 MOTION TO TAX COSTS APRIL 14, 2014 )
Filed by Attorney for Deft/Respnt

12/02/2013 Ntc Intent to Move for New Trial
Filed by Attorney for Plaintiff/Petitioner


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Post by Capricious Anomaly Fri Jan 03, 2014 6:03 pm

Thanks for the updates admin. So like this judge to deny media access to the proceedings. Such a coward! And to not come back with a ruling today but a 'tentative' denial wth!

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