Latest on MJJC

Demann - MJ Estate / Former Michael Jackson Manager Pursuing Estate Over Commissions

So we are waitung for a update from Ivy.
Ivy where you are?
 
Here but probate notes only lists the upcoming hearing information. It doesn't give out the outcome. so we'll wait and see.

All I know is that matter continued.
 
Yeah nothings been sold. in. the medias dreams. thanks for the info ivy/mark. another one bites the dust
 
Great! Next one to get the boot is Tohme, I hope.
 
I am confused about this lawsuit.. what was Demann trying to get? He hasn't been MJ's manager since early 1981-82
 
Bubs said:
Great! Next one to get the boot is Tohme, I hope.
Click to expand...

me too.. Tohme needs to be brought up on criminal charges. He also pressured those 50 shows on MJ I firmly believe.
 
jaydom7 said:
I am confused about this lawsuit.. what was Demann trying to get? He hasn't been MJ's manager since early 1981-82
Click to expand...

More money like all of them. He wanted to audit all of the books that the estate have and if there is money that belongs to him:)
I'm glad judge told him to go to ........
Short version here: http://www.courthousenews.com/2011/10/26/40926.htm

and here is the probate notes from yesterdays hearing:

FACTS: petnrs seek the Crt's instruction re a demand made by Freddy DeMann to audit the books and records of the estate & compel the estate to arbitrate issues arising from a personal management contract that terminated more than 28 yrs prior to the decd's d/d

on 7/1/78 the decd & his brothers entered into an agreement w/Weisner-DeMann Entertainment (DeMann is its successor) for personal management svcs - 5 yrs later the decd terminated that agreement - the contract provided that as compensation for svcs De-Mann would receive 10% of the Jackson parties' gross earnings during the period of the contract w/the exception of certain designated sources of revenue - the contract provided for pmt of continuing comm following its termination, but comm were limited to earnings resulting from or w/respect to contracts "substantially negotiated and/or entered into during the term or entered into w/in 6 mos thereafter as a result of offers made or negotiations commenced during the term & upon any and all extensions, renewals and substitutions thereof" -

the contract does not state it obligates (or inures to the benefit of) the decd's heirs, successors in interest or assigns
The contract was modified in 1981 to further define & limit the recordings that were subject to the 10% comm - as to the decd/estate, DeMann is only entitled to comm on the sales & uses of recordings contained on the albums Thriller & Off the Wall - Sony Music controls the use of these recordings, as the estate's exclusive licensee, and distributes the royalties generated - Sony Music has possession & control of all financial docs relevant to the sales - Puruant to a letter dated 8/25/82 Sony (& its predecessor CBS) have pd DeMann directly w/o involvement from the Jackson parties

DeMann has not filed a creditor's claim
DeMann has demanded to examine the estate's books & records to determine whether or not and to what extent he is entitled to any of the estate's or decd's earnings over & above the comm he receives directly from CBS Records & its successor Sony Music for the last 28 yrs

Petnrs do not believe DeMann is owed any money from the estate nevertheless, w/o waiving any rights, petnrs have agreed to allow DeMann to conduct an audit -- however, a dispute has arisen concerning the books & records DeMann is entitled to examine -- the scope of DeMann's dispute is related to commission rights - petnrs offered to only provide him w/the customary docs provided in an audit of the sale & use of master recordings that are relevant to the calculation of commissions -- DeMann, on the other hand, asserts he has an unrestricted right to examine all of the books & records of the estate & has demanded that petnrs submit to arbitration or he will file a petn/motion to compel arbitration

Under CA law, petnrs, cannot be compelled to arbitrate & cannot enter into an agreement to arbitrate absent Crt approval (PC 9621) -- petnrs do not be it is in the estate's best interests to arbitrate and are seeking this crt's order instructing them to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's comm & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement, and instructing petnrs to defend the estate against any attempt to compel arbitration initiated by DeMann

**********************************************************
RESPONSE FILED 1/04/12
RESPONDENT: DEMANN ENTERTAINMENT, INC.
ATTORNEY: STEPHEN M. LOWE, ESQ.
***********************************************************
SUMMARY-OBJS
Objector is claimant
svd 1/4/12

FACTS-OBJS
Petn has been mooted and superseded by objector's civil complaint in SC114598. Objects and requests orders below

MATTERS TO BE CLEARED-OBJS - N/A

RELIEF:
1. JTD instruct petnrs to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's commission & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement

2. JTD instruct petnrs to defend the estate against any attempt to compel arbitration initiated by MdMann

3. JTD OBJECTIONS - DWOP petn or abate until resolution of objector's civil complaint

4. JTD OBJECTIONS - alternatively, extrs make all books and records of the Estate since decd's death pertaining to gross monies or other considerations available to boecjtor for an audit and inspection
 
Great news. Every one wants a piece of the estate because of the money it is generating. Now we really understand how people tried to gravitate to Michael to use him.
 
I am little confused with all the legal talk above. What is it mean sorry? I hate that Michael is labelled the deceased. I don't know I just don't like that.
 
jaydom7 said:
I am confused about this lawsuit.. what was Demann trying to get? He hasn't been MJ's manager since early 1981-82
Click to expand...

he had an agreement that gave him a certain percentage from whatever stuff Michael did while he was his manager. He filed the lawsuit saying that after Michael's death the earning were increased and he believed he wasn't being paid enough. He wanted to see the accounting / income, Estate responded that Sony was doing the royalty payments and wanted him to talk to them.
 
Thanks for the updates, ivy and bubs.

Bubs said:
DeMann is only entitled to comm on the sales & uses of recordings contained on the albums Thriller & Off the Wall.
Click to expand...

They get 10% commission of gross sales of thriller and off the wall? And they want more money?? I'd be too busy knocking back the champagne on my private yacht to be bothered with going through some accounting books.
 
Bubs said:
More money like all of them. He wanted to audit all of the books that the estate have and if there is money that belongs to him:)
I'm glad judge told him to go to ........
Short version here: http://www.courthousenews.com/2011/10/26/40926.htm

and here is the probate notes from yesterdays hearing:

FACTS: petnrs seek the Crt's instruction re a demand made by Freddy DeMann to audit the books and records of the estate & compel the estate to arbitrate issues arising from a personal management contract that terminated more than 28 yrs prior to the decd's d/d

on 7/1/78 the decd & his brothers entered into an agreement w/Weisner-DeMann Entertainment (DeMann is its successor) for personal management svcs - 5 yrs later the decd terminated that agreement - the contract provided that as compensation for svcs De-Mann would receive 10% of the Jackson parties' gross earnings during the period of the contract w/the exception of certain designated sources of revenue - the contract provided for pmt of continuing comm following its termination, but comm were limited to earnings resulting from or w/respect to contracts "substantially negotiated and/or entered into during the term or entered into w/in 6 mos thereafter as a result of offers made or negotiations commenced during the term & upon any and all extensions, renewals and substitutions thereof" -

the contract does not state it obligates (or inures to the benefit of) the decd's heirs, successors in interest or assigns
The contract was modified in 1981 to further define & limit the recordings that were subject to the 10% comm - as to the decd/estate, DeMann is only entitled to comm on the sales & uses of recordings contained on the albums Thriller & Off the Wall - Sony Music controls the use of these recordings, as the estate's exclusive licensee, and distributes the royalties generated - Sony Music has possession & control of all financial docs relevant to the sales - Puruant to a letter dated 8/25/82 Sony (& its predecessor CBS) have pd DeMann directly w/o involvement from the Jackson parties

DeMann has not filed a creditor's claim
DeMann has demanded to examine the estate's books & records to determine whether or not and to what extent he is entitled to any of the estate's or decd's earnings over & above the comm he receives directly from CBS Records & its successor Sony Music for the last 28 yrs

Petnrs do not believe DeMann is owed any money from the estate nevertheless, w/o waiving any rights, petnrs have agreed to allow DeMann to conduct an audit -- however, a dispute has arisen concerning the books & records DeMann is entitled to examine -- the scope of DeMann's dispute is related to commission rights - petnrs offered to only provide him w/the customary docs provided in an audit of the sale & use of master recordings that are relevant to the calculation of commissions -- DeMann, on the other hand, asserts he has an unrestricted right to examine all of the books & records of the estate & has demanded that petnrs submit to arbitration or he will file a petn/motion to compel arbitration

Under CA law, petnrs, cannot be compelled to arbitrate & cannot enter into an agreement to arbitrate absent Crt approval (PC 9621) -- petnrs do not be it is in the estate's best interests to arbitrate and are seeking this crt's order instructing them to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's comm & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement, and instructing petnrs to defend the estate against any attempt to compel arbitration initiated by DeMann

**********************************************************
RESPONSE FILED 1/04/12
RESPONDENT: DEMANN ENTERTAINMENT, INC.
ATTORNEY: STEPHEN M. LOWE, ESQ.
***********************************************************
SUMMARY-OBJS
Objector is claimant
svd 1/4/12

FACTS-OBJS
Petn has been mooted and superseded by objector's civil complaint in SC114598. Objects and requests orders below

MATTERS TO BE CLEARED-OBJS - N/A

RELIEF:
1. JTD instruct petnrs to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's commission & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement

2. JTD instruct petnrs to defend the estate against any attempt to compel arbitration initiated by MdMann

3. JTD OBJECTIONS - DWOP petn or abate until resolution of objector's civil complaint

4. JTD OBJECTIONS - alternatively, extrs make all books and records of the Estate since decd's death pertaining to gross monies or other considerations available to boecjtor for an audit and inspection
Click to expand...


If I understand correctly the lawsuit was dismissed, but the estate still have to provide the income records?
 
Nathy MJ said:
If I understand correctly the lawsuit was dismissed, but the estate still have to provide the income records?
Click to expand...

I'm not sure about that? The estate told him to go knock Sony's doors as they are paying out the what ever needs to be paid.
Maybe Ivy could explain this?
 
BP117321 116 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
INSTRUCTIONS

Petitioner(s): Branca, John McClain, John

Attorney(s): Hoffman, Paul Gordon, Esq.

Continuance Number: 5 Continuance From: Tuesday, May 08, 2012

Last Date Changed: Tuesday, June 12, 2012 8:48:18 AM

Last Note Changed By: RWADA

To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.

Filed 7/12/11

PRIOR ORDER: Cont to 6/19/12 at 8:30 am; 5/8/12 at 10:00 am ; 3/7/12 at 10:00 am ; 1/19/12 ; 10/19/11 at 8:30 am ;

SUMMARY:
Petnrs are co-exrs
ntc to benes ok
ntcs to DaMann via his attys ok
spec ntc/copy ok

OTHER CASES: BS 132820 DeMann Entertainment, Inc. v. John Branca, as Excutor, John McClain, et al (ntc of related cases filed 7/26/11)

FACTS: petnrs seek the Crt's instruction re a demand made by Freddy DeMann to audit the books and records of the estate & compel the estate to arbitrate issues arising from a personal management contract that terminated more than 28 yrs prior to the decd's d/d
on 7/1/78 the decd & his brothers entered into an agreement w/Weisner-DeMann Entertainment (DeMann is its successor) for personal management svcs - 5 yrs later the decd terminated that agreement - the contract provided that as compensation for svcs De-Mann would receive 10% of the Jackson parties' gross earnings during the period of the contract w/the exception of certain designated sources of revenue - the contract provided for pmt of continuing comm following its termination, but comm were limited to earnings resulting from or w/respect to contracts "substantially negotiated and/or entered into during the term or entered into w/in 6 mos thereafter as a result of offers made or negotiations commenced during the term & upon any and all extensions, renewals and substitutions thereof" -
the contract does not state it obligates (or inures to the benefit of) the decd's heirs, successors in interest or assigns
The contract was modified in 1981 to further define & limit the recordings that were subject to the 10% comm - as to the decd/estate, DeMann is only entitled to comm on the sales & uses of recordings contained on the albums Thriller & Off the Wall - Sony Music controls the use of these recordings, as the estate's exclusive licensee, and distributes the royalties generated - Sony Music has possession & control of all financial docs relevant to the sales - Puruant to a letter dated 8/25/82 Sony (& its predecessor CBS) have pd DeMann directly w/o involvement from the Jackson parties
DeMann has not filed a creditor's claim
DeMann has demanded to examine the estate's books & records to determine whether or not and to what extent he is entitled to any of the estate's or decd's earnings over & above the comm he receives directly from CBS Records & its successor Sony Music for the last 28 yrs
Petnrs do not believe DeMann is owed any money from the estate nevertheless, w/o waiving any rights, petnrs have agreed to allow DeMann to conduct an audit -- however, a dispute has arisen concerning the books & records DeMann is entitled to examine -- the scope of DeMann's dispute is related to commission rights - petnrs offered to only provide him w/the customary docs provided in an audit of the sale & use of master recordings that are relevant to the calculation of commissions -- DeMann, on the other hand, asserts he has an unrestricted right to examine all of the books & records of the estate & has demanded that petnrs submit to arbitration or he will file a petn/motion to compel arbitration
Under CA law, petnrs, cannot be compelled to arbitrate & cannot enter into an agreement to arbitrate absent Crt approval (PC 9621) -- petnrs do not be it is in the estate's best interests to arbitrate and are seeking this crt's order instructing them to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's comm & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement, and instructing petnrs to defend the estate against any attempt to compel arbitration initiated by DeMann
**********************************************************
RESPONSE FILED 1/04/12
RESPONDENT: DEMANN ENTERTAINMENT, INC.
ATTORNEY: STEPHEN M. LOWE, ESQ.
***********************************************************
SUMMARY-OBJS
Objector is claimant
svd 1/4/12

FACTS-OBJS
Petn has been mooted and superseded by objector's civil complaint in SC114598. Objects and requests orders below

MATTERS TO BE CLEARED-OBJS - N/A

RELIEF:
1. JTD instruct petnrs to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's commission & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement
2. JTD instruct petnrs to defend the estate against any attempt to compel arbitration initiated by MdMann
3. JTD OBJECTIONS - DWOP petn or abate until resolution of objector's civil complaint
4. JTD OBJECTIONS - alternatively, extrs make all books and records of the Estate since decd's death pertaining to gross monies or other considerations available to boecjtor for an audit and inspection
--------------------------------------------------------------------------------
Ivy or someone who knows about law. DeMann wants to see all the books, and the estate only wants to show books relevant for his claim. Seemingly they cannot agree with this, and are in loggerheads, is the estate looking help (instructions) from the judge how to proceed from now?
 
Demann had got some cheek asking for that.

demann wants to go to arbitration ie to have someone neutral come in and have them arbitrate. to get both sides to discuss and come to an agreement. not sure also if the arbitrator can also make a ruling on what demann should see. i think one was used in evan chandlers lawsuit with mj so maybe they have some sort of power to rule like a judge. basically demann is doing what he can to get his hands on all the records
 
elusive moonwalker said:
Demann had got some cheek asking for that.
Click to expand...
"DeMann, on the other hand, asserts he has an unrestricted right to examine all of the books & records of the estate"

I hope the picture says all what he gets
kick20butt20ass20swift20kicking.gif
 
Bubs said:
Ivy or someone who knows about law. DeMann wants to see all the books, and the estate only wants to show books relevant for his claim. Seemingly they cannot agree with this, and are in loggerheads, is the estate looking help (instructions) from the judge how to proceed from now?
Click to expand...

True

Nathy MJ said:
If I understand correctly the lawsuit was dismissed, but the estate still have to provide the income records?
Click to expand...

Bubs said:
I'm not sure about that? The estate told him to go knock Sony's doors as they are paying out the what ever needs to be paid.
Maybe Ivy could explain this?
Click to expand...

I solved this issue :) Demann had filed 2 separate lawsuits

1- a claim in probate court
2- a civil lawsuit

The cases were related and heard in the probate court.

ivy said:
Thanks to marc_vivien for heads up


Law360, Los Angeles (May 08, 2012, 7:30 PM ET) -- A California state judge on Tuesday nixed a breach of contract lawsuit by Michael Jackson's former management company, DeMann Entertainment Inc., claiming Jackson's estate has withheld royalties from the sale of Jackson's $400 million music catalog.

http://www.law360.com/california/articles/338611/suit-over-michael-jackson-royalties-gets-the-boot
Click to expand...

The sustained demurer was due to the fact that Demann was asking revenues from the contracts entered in 2009 and later (Sony, Ubisoft and Cirque deals) but his contract only allowed him income from his time working and deals made within 6 months of his firing.

It turns out on May 8, the court agreed with MJ Estate but gave Demann a month to amend his complaint and show how he claims that he should be paid for the deals done in 2009 and later - 30 years later his deal with Michael was over. Basically court had asked him for a reasoning or a part of the original document that would cover that.

It seems Demann is filed another amended complaint - hence the probate hearing on June 26 - Estate argues that their complaint doesn't show what was asked from them and it must be rejected as well.
 
I would like to see what documents he could come up with to show he is entitled to monies for 09 and later. It cannot be the original document from 30 years ago, unless there is some pretty tiny writing at the bottom that even the judge did not see.
 
Law360, Los Angeles (September 19, 2012, 8:07 PM ET) -- Michael Jackson's former manager Freddy DeMann is entitled to commissions from the posthumous “repackaging” of the singer's work in such formats as a video game and a Cirque du Soleil tribute show, an attorney for DeMann argued in California state court Wednesday.

DeMann, who was Jackson's manager from 1978 to 1983, claims in a breach of contract suit that the Jackson estate has deprived him of his share of “hundreds of millions of dollars” generated by its reuse of Jackson's “recordings, dances, likeness, styles and public


for the full article you need to be a law firm with subscription
 
what in the world does DeMann have to do with this considering he left MJ's management in 1983?
 
ivy;3712023 said:
DeMann, who was Jackson's manager from 1978 to 1983, claims in a breach of contract suit that the Jackson estate has deprived him of his share of “hundreds of millions of dollars” generated by its reuse of Jackson's “recordings, dances, likeness, styles and public
for the full article you need to be a law firm with subscription
Click to expand...

Thanks Ivy, pity we cannot read the whole article:-(
Hundreds of million! Hopefully Howard Weitzman sorts this man out in trial and gives him nothing but the boot to his backside.
I'm surprsed that the managers before DeMann are not lined up and hand out claiming they are entitled for money too.
 
jaydom7 said:
what in the world does DeMann have to do with this considering he left MJ's management in 1983?
Click to expand...

when you are a manager you get a percentage and he did work during OTW, Thriller etc time. So he's saying he's entitled money from the future uses of such songs. It's the same claim that we have seen from Ola Ray, John Landis, Raymone Bain and Tohme Tohme.
 
If that is the case, shouldn't Branca too look for more money? He was there left and center while Thriller was made, and Making MJ's Thriller. Joe should ask money too, he can claim he created Michael:)

If judge gives in with DeMann's claim, that bit is bottomless with all the hyaenas asking for money.
 
Michael Jackson's Estate Urges Dismissal Of Ex-Agent's Suit

Michael Jackson's estate urged a California judge Tuesday to throw out former Jackson manager Freddy DeMann's suit over commissions from the posthumous "repackaging" of the pop star’s work, saying the suit is barred because DeMann never filed a creditor's claim against the estate.

The estate's attorney Jeryll Cohen said DeMann was receiving royalties at the time of Jackson's death in 2009 under his 1978 management agreement and should have filed a creditor's claim “to preserve [his] right to continue to receive those royalties.”

http://www.law360.com/articles/398824/michael-jackson-s-estate-urges-dismissal-of-ex-agent-s-suit

Can't see the entire article. It requests subscribing...
 
Joe should ask money too, he can claim he created Michael:)
Click to expand...

Please dont give joe that idea cuz he just might do it!
 
The estate's attorney Jeryll Cohen said DeMann was receiving royalties at the time of Jackson's death in 2009 under his 1978 management agreement and should have filed a creditor's claim “to preserve [his] right to continue to receive those royalties.
Click to expand...

Is that legal? Does a third party need to file for a creditor's claim upon the death of, say, an artist to continue to receive the royalty from such artist? I don't find this argument very convincing.
 
Reading the following note it seems like they are saying this royalty payments are an issue of Sony and not Estate

petnrs seek the Crt's instruction re a demand made by Freddy DeMann to audit the books and records of the estate & compel the estate to arbitrate issues arising from a personal management contract that terminated more than 28 yrs prior to the decd's d/d
on 7/1/78 the decd & his brothers entered into an agreement w/Weisner-DeMann Entertainment (DeMann is its successor) for personal management svcs - 5 yrs later the decd terminated that agreement - the contract provided that as compensation for svcs De-Mann would receive 10% of the Jackson parties' gross earnings during the period of the contract w/the exception of certain designated sources of revenue - the contract provided for pmt of continuing comm following its termination, but comm were limited to earnings resulting from or w/respect to contracts "substantially negotiated and/or entered into during the term or entered into w/in 6 mos thereafter as a result of offers made or negotiations commenced during the term & upon any and all extensions, renewals and substitutions thereof" -
the contract does not state it obligates (or inures to the benefit of) the decd's heirs, successors in interest or assigns
The contract was modified in 1981 to further define & limit the recordings that were subject to the 10% comm - as to the decd/estate, DeMann is only entitled to comm on the sales & uses of recordings contained on the albums Thriller & Off the Wall - Sony Music controls the use of these recordings, as the estate's exclusive licensee, and distributes the royalties generated - Sony Music has possession & control of all financial docs relevant to the sales - Puruant to a letter dated 8/25/82 Sony (& its predecessor CBS) have pd DeMann directly w/o involvement from the Jackson parties
DeMann has not filed a creditor's claim
DeMann has demanded to examine the estate's books & records to determine whether or not and to what extent he is entitled to any of the estate's or decd's earnings over & above the comm he receives directly from CBS Records & its successor Sony Music for the last 28 yrs
Petnrs do not believe DeMann is owed any money from the estate nevertheless, w/o waiving any rights, petnrs have agreed to allow DeMann to conduct an audit -- however, a dispute has arisen concerning the books & records DeMann is entitled to examine -- the scope of DeMann's dispute is related to commission rights - petnrs offered to only provide him w/the customary docs provided in an audit of the sale & use of master recordings that are relevant to the calculation of commissions -- DeMann, on the other hand, asserts he has an unrestricted right to examine all of the books & records of the estate & has demanded that petnrs submit to arbitration or he will file a petn/motion to compel arbitration
Under CA law, petnrs, cannot be compelled to arbitrate & cannot enter into an agreement to arbitrate absent Crt approval (PC 9621) -- petnrs do not be it is in the estate's best interests to arbitrate and are seeking this crt's order instructing them to provide DeMann those books & records in their possession & control that are relevant to the calculation of DeMann's comm & which would customarily be provided in such an audit, subject to an appropriate non-disclosure agreement, and instructing petnrs to defend the estate against any attempt to compel arbitration initiated by DeMann
 
You must log in or register to reply here.
Back
Top