MJ Estate Probate Notes

[ivy]

To put information about Probate notes that doesn't fit to any existing topic / thread and to keep track of events happening at probate court.

[ivy]

03/06/2013 at 08:30 am in department 5 at 111 North Hill Street, Los Angeles, CA 90012
DETERMINE OWNERSHIP (PC 850)


Details :


PRIOR ORDERS:

Petn filed 1/28/13

REVIEWED FROM IMAGED FILE ONLY

OTHER CASES:
BS 132820 & SC 114598 (DeMann Entertainment, Inc. v. John Branca as exr, John McClain, et al.)

SUMMARY:
Petnrs are co-exrs; d/d 6/25/09; ltrs 11/10/09
30-day ntc/copy ok (except see notes below)

FACTS: Qadree El-Amin claims to be a member of, and have an ownership interest in, The Michael Jackson Company, LLC (the "Company"). There may be other Doe Respondents making a similar claim. The Company is a single-member Delaware LLC whose sole member as of 6/25/09 was decd. Respondent has not provided exrs with any credible evidence to support the claim.

MATTERS TO CLEAR:
A) No psl svc (30-day ntc/copy) on Qadree El-Amin

RELIEF:
1) JTD estate is sole member and owner of the Company and that no other person has an interest in the Company

PA COMMENTS: Continue for ntc and defer pending anticipated response

pshirreffs@lasuperiorcourt.org
PS 3/1/13
RECOMMENDED DISPOSITION: CONT TO 4/10/13 (PS)

-----------------------------------

Meaning : Qadree El-Amin claims to have ownership interest Michael Jackson Company. Estate says Michael was the only owner.

Seems to be a bogus claim against MJ Estate.

[ivy]

03/12/2013 at 10:00 am in department 5 at 111 North Hill Street, Los Angeles, CA 90012
INSTRUCTIONS

This is a hearing about Demann's 4th amended complaint and Estate's objection.

thread for Demann is here : http://www.mjjcommunity.com/forum/th...er-Commissions

[Bubs]

This is the first time I heard of Qadree El-Amin and had to do some search of him?
He got married in NL and I fond this:
While he is largely recognized for his phenomenal success with Boyz II Men, the El-Amin stamp extends far beyond the popular 90's boy band. Through his Southpaw Entertainment Company, he has also served as the Midas touch manager to global superstars Michael Jackson, Vanessa Williams, Janet Jackson, Teddy Riley & Blackstreet, Deborah Cox, Lou Bega and several other notables. He has also interacted closely with several notable music industry executives, including Clive Davis, L.A. Reid, Jimmy Iovine and Tommy Mottola.
http://beansouptimes.com/home/2012/6...l-amin-to.html



I assumed determine the ownership was about Tohme giving away MJ's art.

[ivy]

I assumed determine the ownership was about Tohme giving away MJ's art.

No it is not. If they can successfully void Tohme's Power of Attorney's they would get the art. They don't need a separate action for it.

[passy001]

No it is not. If they can successfully void Tohme's Power of Attorney's they would get the art. They don't need a separate action for it.

And what's the status with this tohme case? last time I checked there was a hearing. Since then things have gone rather quiet.

[ivy]

There will be a lot hearings before there's a decision in Tohme's case. The 3/13 hearing could be about him. We will see as they update probate notes before it.

[Petrarose]

This Amin guy interests me. How does he make a claim & have no documentation to prove it?

[Bubs]

^^ Different type of Billie Jean

[Petrarose]

^^ Different type of Billie Jean

Oh that's a good one, in other words the male counterpart to Billie Jean. Brilliant!

[Bubs]

Latest from probate notes

WRONGFULLY TAKEN PROPERTY (PC 859)

Petitioner(s): Arons, Richard

Attorney(s): Herbert, Daniel B., Esq. Dushkes, Larry S., Esq.


PRIOR ORDERS:

Petn filed 2/15/13

REVIEWED FROM IMAGED FILE ONLY

OTHER CASES:
BS 132820 & SC 114598 (DeMann Entertainment, Inc. v. John Branca as exr, John McClain, et al.)
SC 115988 (Tohme R. Tohme v. John Branca, et al.)
BP 117319 (Guardianship of Michael Joseph Jackson, Jr., Paris-Michael Katherine Jackson and Prince Michael Jackson, II)
------------
BP 127577 (trust proceeding)
My note, I didn't know they had separate case for trust proceedings. Ivy, can you say what is going on with trust thingy?
-------------------
SUMMARY:
Petnr is assignee of undivided interest re decd's recording contracts

FACTS: Petnr is assignne of undivided interest in certain rights of decd related to decd's recording contracts with CBS Records, a Division of CBS, Inc. - one contract dated 5/18/75 and two contracts dated 2/25/81 (one with decd as a solo artist and the other with decd as a member of the Jacksons) (collectively, the "Recording Contracts"). Decd assigned to petnr a 7 1/2% interest in and to all royalties and other amounts payable or o/w accruing to or fbo decd, excluding mechanical royalties, from the exploitation of certain albums and recordings.

On 12/8/10, the court entered an order expressly finding that decd has assigned ot petnr a 7 1/2% interest in and to all royalties and other amounts payable or otherwise accurding to or fbo decd, excluding mechanical royalties, from the exploiation of the subject albums and recordings. Estate has failed to pay petnr a significant part of royalties due to him. Decd also may have omitted to pay to petnr part of the royalties due to him.

MATTERS TO CLEAR:
A) Ntc is missing right to answer statement - Local Rule 4.37(b)(2)
B) No psl svc on exrs John McClain and John Branca
C)No spec ntc Ayscough & Marar (RSN filed 9/18/09)

RELIEF:
1) JTD that the estate holds in trust, as constructive tee, fbo petnr, 7 1/2% of all royalties and other amounts received by, or otherwise
accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
2) JTD compel estate to immediately convey to Petitioner 7 1/2% of all royalties and other amounts received by, or otherwise accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
3) JTD restraining and preliminarily and permanently enjoining the estate from disbursing, distributing, or otherwise dissipating in any way 7 1/2% of all royalties and other amounts received by, or othenvise accruing to or for the benefit of, decd and the estate, excluding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
4) JTD compel estate to account for all royalties and other amounts due to or received by, or otherwise accruing to or fbo decd and the estate, exciuding mechanical royalties, from the exploitation of the Covered Albums and Covered Masters
5) JTD damages in the amount of all monies found owing to petnr
6) JTD double damages. and punitive damages in a sufficient amount to deter future conduct of the same or similar nature, based on the value of the estate
7) JTD interest on each of the forgoing sums at the legal rate of 10%

PA COMMENTS: Continue to clear notes and for anticipated response


My note, I had to check who is this Richard Arons, see here: http://www.tmz.com/2010/05/17/michae...richadr-arons/

[passy001]

Don't understand a thing of this block of text. If Ivy could translate to the laymen like us, that would be nice.

[Nathy MJ]

So if I understand correctly this is another guy who missed the creditor's claim deadline and just now filed a lawsuit?

[qbee]

From what I see , Richard Arons did file late, but was granted his claim on 12/8/2010 .. He is saying he hasn't been paid yet all that is due. He now wants double the amount + interest to deter future conduct of the same from the Estate

[Bubs]

Seems to be similar than DeMann case as he too is seeking unpaid royalties and he too was MJ's manager during J5 and 5 solo albums. How many managers MJ had during that time?

What is it with these people, isn't sony who pays royalties?

TRUSTS & ESTATES PRIOR CONTRACTUAL RIGHTS
Richard Arons, the client, was Michael Jackson’s manager on the last five Jackson 5 albums and first five solo albums, including “Thriller,” the best-selling album of all time, and “Off the Wall,” also ranked among the best-selling. He is contractually entitled to royalties for these albums in perpetuity, and has received royalties for these albums for past 40 years. It was therefore surprising when the executors of the estate failed to give him notice of the probate in time for Mr. Arons to file his claim. In probate, claims filed beyond a very short cutoff are permanently barred, and the executors in this case vigorously opposed all other late-filed claims as well as the claims of other managers. It would have been difficult, moreover, for Mr. Arons to prove he could not otherwise have known of the probate in time to file his claim, given the vast amount of media coverage following Michael’s death. When Mr. Arons submitted his petition for leave to file a late claim or for alternative relief, he was ridiculed in the press. TMZ’s headline was “My Dog Ate My Creditor Claim.”
The probate court, however, was persuaded otherwise, specifically finding that the royalty rights had in fact been assigned to Mr. Arons many years prior, and that, therefore, he was not a creditor of the estate subject to the usual claim file requirements. His contractual rights, in other words, survived the probate process, notwithstanding the statutory restrictions. This is of substantial benefit to Mr. Arons since sales of Jackson’s albums are now better than ever. In the year following Jackson’s death, his estate generated revenues of more than $1 Billion, as he became the first artist in history to have four of the top 20 best selling albums in a single year, with 20 of his albums making it into the top 40. ■

http://www.harmonie.org/user_documen...s_2010_www.pdf