Richard Arons, original Manage Says Sony Owes Him More Than $10 Million

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It’s the fourth anniversary of Michael Jackson’s death. So of course there’s a lawsuit. Richard Arons, Joe Jackson’s original partner and lawyer, has sued Sony Music. Arons managed Michael Jackson with his father, Joseph, signing the last of his management agreements in 1976. Now Arons is 75 years old and says he’s not getting paid for the pre-”Thriller” albums. It’s an 87 page complaint filed in Los Angeles by a Century City law firm. The lawsuit goes back to the beginning of the Jackson 5, and the subsequent move from Motown to Columbia Records, followed by Michael’s solo career with “Off the Wall.”


Does Arons have a case? Could be. During the days of Walter Yetnikoff’s reign at Columbia-Sony, the music business was like the Wild West. More importantly, the Jacksons have never been particularly loyal to the people who helped them in the early days. I will never forget my visits with Bill Bray, the trusted security guy and surrogate father to Michael, on his death bed in 2005. The Jacksons simply ignored him. That same year, Michael had also unceremoniously dumped Bob Jones, his long time — lifelong, actually– p.r. man, who’d covered up Michael’s many odd episodes.


Arons signed a settlement agreement with the Jacksons in 1978, but it was breached. The agreement was reaffirmed in 1981, giving Arons 7.5% on all Jackson master recordings at Columbia, then CBS Records. The company was supposed to pay him from Michael’s royalties. In 1990, Michael cut Arons off. A new Settlement Agreement was arrived at, with Arons getting his 7.5% on all Michael Jackson releases at CBS-Sony through and including “Thriller.” But he says that Sony–which inherited the deal after it bought Columbia Records– stopped paying him in 2011.


Now Arons wants his money. His lawsuit has all the agreements attached as exhibits, and they have all the Jackson signatures including Michael’s. What’s kind of interesting is that the 1981 agreement only covered the Jacksons’ CBS recordings and “Off the Wall.” By 1990, the new agreement included “Thriller.” Michael was represented in that agreement by Lavely and Singer, not John Branca, his once and future attorney and now executor. Lavely and Singer are supposed to be real sharks. But they gave Arons a stake in Michael’s biggest moneymaker for all time.

http://www.showbiz411.com/2013/06/2...nager-says-sony-owes-him-more-than-10-million
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

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Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

I am shocked Michael had any money in this life. It seems everyone was signed to all his recordings and how there was anything left for Michael I don't kow.
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Roger is such a queen. he writes his articles like a woman scourned. talk about pathetic
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Roger always has to bring up his buddy, the late Bob Jones, doesn't he?
 
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Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Leaches flock together
 
That same year, Michael had also unceremoniously dumped Bob Jones, his long time — lifelong, actually– p.r. man, who’d covered up Michael’s many odd episodes.

Of course, Roger "forgot" to mention the reason Jones was fired, acting as if Michael was just disloyal to him. I guess he should have been okay with Jones teaming up with Stacy Brown and writing a trashy book about him. And no, Jones did not "cover up" for Michael. He and Brown actually made up slanderous stories about him, which were then proven to be untrue in court. But of course Roger doesn't mention all that.
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

This guy got 7 1/2% of thriller up until 2011 and he's complaining?
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Guinness book of world record should induct him as the most sued person in the history of mankind. :p
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Roger is such a queen. he writes his articles like a woman scourned. talk about pathetic

He really needs his mouth stitching up so he doesn't talk anymore. HA!
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

Probte notes for this case:

BP117321 1036 JACKSON, MICHAEL JOSEPH - DECEDENT
Letters of Administr
Probate-Other

Petitioner(s): Arons, Richard

Attorney(s): Herbert, Daniel B., Esq.

Continuance Number: Continuance From:

Last Date Changed: Wednesday, September 4, 2013 10:17 AM

Last Note Changed By: MOSBORNE

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner 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 on the Court's web site at www.LASuperiorCourt.org.

Petn filed 7/30/13

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)
BC513048 (Richard Arons v. Sony Music Entertainment, Inc.

SUMMARY:
Petnr is assignee of undivided interest re decd's recording contracts

FACTS: Petnr is assignee of undivided interest in certain rights of decd related to decd's recording contracts with CBS Records, a Division of CBS, Inc.

In relevant part, in 1976, Jackson-Arons Enterprises (consisting of Joseph Jackson and petnr Richard Arons as equal partners) entered into a series of management agreements (the "Management Agreement") which provided, among other things, that in exchange for personal management services, decd would compensate Jackson-Arons Enterprises at the rate of 15% of all gross proceeds resulting from the services of decd within the entertainment industry (with limited exclusions). Petnr alleges that as partners, Joseph and petnr divided the 15% into two equal shares of 7.5%. By its own terms, the Management Agreement expired on 3/12/1983, though the assignment of royalties continues in perpetuity.

Petnr alleges that while he managed decd, decd's contracts invariably required decd to deliver a certain number of "master recordings," constituting one or more album deliveries. These "master recordings" made up of the (usually) two-track recordings of a single composition (using separate tracks for each instrument and vocal performance). Petnr alleges the definition of "master recordings" is standard throughout the music industry and that once a performer delivers the master recordings to the record company, the record company uses them to manufacture records for release to the public. As a result, income for master recordings includes the income from records.

Petnr alleges that in or around 1978, several disputes arose between Joseph Jackson and petnr and that the matters were settled on or about July 20, 1978. The 1978 Settlement Agreement confirmed Aron's Management Agreement with Michael Jackson, but his compensation for "non- record income" was reduced from 7.5% to 5%.

A few later, in 1981, add'l disputes arose between petnr and several of the Jackson family members, including the decd. The disputes were resolved in a settlement agreement on October 1, 1981. The terms of the 1981 Settlement Agreement provided that Arons give up the right to receive certain compensation to which he was entitled under the 1978 Settlement Agreement and under the Management Agreement. The 1981 Agreement expressly provided that Arons remained entitled to receive compensation of 7.5% on all amounts received by Michael Jackson (and the other signatories) "resulting from or relating to the recording of records ..." Petnr alleges, however, that he remained entitled to the 7.5% of all monies resulting from or relating to the master recordings earned under agreements entered into between the Jacksons and CBS Records (the "Jacksons-CBS Agreement") and Michael Jackson and CBS Records (the "Michael Jackson-CBS Agreement"). Petnr alleges the 1981 Agreement also provides that the Jacksons and Michael Jackson would instruct CBS to pay Arons the royalties to which he was entitled from the Jacksons-CBS Agreement and the Michael Jackson-CBS Agreement.

Petnr alleges that throughout the decades petnr's association with Michael Jackson, commencing with his employment as manager, and through the periods of the various settlement agreements, petnr has always been compensated for the monies received from the master recordings, excluding a short period beginning just prior to Michael Jackson's death. When Sony purchased CBS Records, Sony assumed the obligation to pay petnr and did so, though not in an amount consistent with the agreements. Petnr alleges the Estate has never complied with the Deceased's obligation to pay the royalties that CBS Records (now Sony Music Entertainment) failed to pay petnr under the assignment.

Petnr alleges decd was, and the estate is, obligated to provide petnr with royalty statements and pay petnr 7.5% in royalties on the Recording and Master Recordings completed prior to 3/12/1983.

MATTERS TO CLEAR:
A. No notice of hearing given to ?? (see note B, below) - petnr must use judicial council notice of hearing (DE-120) and include description of property and right to answer legend per LASC CH 4, Rule 4.37(b)(1), (2) - where appropriate, notice of hearing must be personally served, not mailed (please review Probate Code section 851(a)(1), (2) to determine who must be personally served with the notice)
B. Verified supplement to set forth all persons entitled to notice and special notice/copy of this petition - include address and relationship of persons to this proceeding

RELIEF:
1. JTD that the estate holds in trust, as constructive tee, fbo petnr, 7.5% 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 master recordings created up to and including March 12, 1983

2. JTD compensatory damages, including, but not limited to royalties due to Arons under the Michael Jackson-CBS and Jackson-CBS Agreements, in an amount to be proven at rial, but not less than $10,000,000

3. JTD general and special damages according to proof at trial

4. JTD exemplary and punitive damages according to proof at trial but sufficient to deter future conduct of the same or similar nature, based on the value of the estate

5. JTD accounting

6. JTD for a declaration that:
a) Petnr is entitled to detailed statements accounting for all royalties due to Arons;
b) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements;
c) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings completed on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements in perpetuity;
d) The Estate has failed to pay Arons the full amount of royalties lie is due for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson-CBS and Jackson-CBS Agreements; and
e) Petitioner is entitled to the damages suffered as a result of the Estate's refusal to pay Arons the full amount due to him

7. JTD costs of suit

8. JTD interest on each of the foregoing sums at the legal rate

PA COMMENTS: See remaining notes re notice - no objs filed as of 9/4/13 probate attorney review
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

I forgot about this case. Some of these deals allow these guys to get money from your work for life. I wonder where Joe found this guy?
 
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Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

latest probate notes

Department LA 5 Court Convened at: 08:30 AM 10/29/2013
Honorable Mitchell L. Beckloff
M. Dewey , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter

BP117321 1017 JACKSON, MICHAEL JOSEPH - DECEDENT
LETTERS OF ADMINISTR
PROBATE-OTHER

Petitioner(s): ARONS, RICHARD

Attorney(s): HERBERT, DANIEL B., ESQ.

Continuance Number: 1 Continuance From: Tuesday, September 10, 2013

Last Date Changed: Tuesday, October 22, 2013 03:20 PM

Last Note Changed By: MOSBORNE

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner 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 on the Court's web site at www.LASuperiorCourt.org.

Petn filed 7/30/13

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)
BC513048 (Richard Arons v. Sony Music Entertainment, Inc.

SUMMARY:
Petnr is assignee of undivided interest re decd's recording contracts

FACTS: Petnr is assignee of undivided interest in certain rights of decd related to decd's recording contracts with CBS Records, a Division of CBS, Inc.

In relevant part, in 1976, Jackson-Arons Enterprises (consisting of Joseph Jackson and petnr Richard Arons as equal partners) entered into a series of management agreements (the "Management Agreement") which provided, among other things, that in exchange for personal management services, decd would compensate Jackson-Arons Enterprises at the rate of 15% of all gross proceeds resulting from the services of decd within the entertainment industry (with limited exclusions). Petnr alleges that as partners, Joseph and petnr divided the 15% into two equal shares of 7.5%. By its own terms, the Management Agreement expired on 3/12/1983, though the assignment of royalties continues in perpetuity.

Petnr alleges that while he managed decd, decd's contracts invariably required decd to deliver a certain number of "master recordings," constituting one or more album deliveries. These "master recordings" made up of the (usually) two-track recordings of a single composition (using separate tracks for each instrument and vocal performance). Petnr alleges the definition of "master recordings" is standard throughout the music industry and that once a performer delivers the master recordings to the record company, the record company uses them to manufacture records for release to the public. As a result, income for master recordings includes the income from records.

Petnr alleges that in or around 1978, several disputes arose between Joseph Jackson and petnr and that the matters were settled on or about July 20, 1978. The 1978 Settlement Agreement confirmed Aron's Management Agreement with Michael Jackson, but his compensation for "non- record income" was reduced from 7.5% to 5%.

A few later, in 1981, add'l disputes arose between petnr and several of the Jackson family members, including the decd. The disputes were resolved in a settlement agreement on October 1, 1981. The terms of the 1981 Settlement Agreement provided that Arons give up the right to receive certain compensation to which he was entitled under the 1978 Settlement Agreement and under the Management Agreement. The 1981 Agreement expressly provided that Arons remained entitled to receive compensation of 7.5% on all amounts received by Michael Jackson (and the other signatories) "resulting from or relating to the recording of records ..." Petnr alleges, however, that he remained entitled to the 7.5% of all monies resulting from or relating to the master recordings earned under agreements entered into between the Jacksons and CBS Records (the "Jacksons-CBS Agreement") and Michael Jackson and CBS Records (the "Michael Jackson-CBS Agreement"). Petnr alleges the 1981 Agreement also provides that the Jacksons and Michael Jackson would instruct CBS to pay Arons the royalties to which he was entitled from the Jacksons-CBS Agreement and the Michael Jackson-CBS Agreement.

Petnr alleges that throughout the decades petnr's association with Michael Jackson, commencing with his employment as manager, and through the periods of the various settlement agreements, petnr has always been compensated for the monies received from the master recordings, excluding a short period beginning just prior to Michael Jackson's death. When Sony purchased CBS Records, Sony assumed the obligation to pay petnr and did so, though not in an amount consistent with the agreements. Petnr alleges the Estate has never complied with the Deceased's obligation to pay the royalties that CBS Records (now Sony Music Entertainment) failed to pay petnr under the assignment.

Petnr alleges decd was, and the estate is, obligated to provide petnr with royalty statements and pay petnr 7.5% in royalties on the Recording and Master Recordings completed prior to 3/12/1983.

MATTERS TO CLEAR:
A. Notice of hearing filed 9/12/13 insufficient - notice of heairng must include description of property and right to answer legend per LASC CH 4, Rule 4.37(b)(1), (2) - where appropriate, notice of hearing must be personally served, not mailed (please review Probate Code section 851(a)(1), (2) to determine who must be personally served with the notice)
B. Verified supplement to set forth all persons entitled to notice and special notice/copy of this petition - include address and relationship of persons to this proceeding

****************************************
objs filed 9/6/13
objrs are John McClain and John Branca
objrs counsel are Howard Weitzman (Kinsella Weitzman Iser Kump & Aldisert LLP)

SUMMARY:
Objrs are co-extrs
Objs served

ARGUMENT: General denial of factual allegations. Objrs allege the PC850 petition is wholly w/o merit as the documents at issue cannot possibly be read to grant petnr the broad rights to royalties he now claims to have. The relief is furthermore barred by: a) petnr's failure to file a creditor's claim with respect to the master recording royalties at issue; b) the applicable statutes of limitations; and c) equitable doctrines such as laches, estoppel, waiver, and unclean hands.

MATTERS TO CLEAR:
A. Objs not verified per PC1020 et seq. - supp reqd

****************************************

RELIEF:
1. JTD that the estate holds in trust, as constructive tee, fbo petnr, 7.5% 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 master recordings created up to and including March 12, 1983

2. JTD compensatory damages, including, but not limited to royalties due to Arons under the Michael Jackson-CBS and Jackson-CBS Agreements, in an amount to be proven at rial, but not less than $10,000,000

3. JTD general and special damages according to proof at trial

4. JTD exemplary and punitive damages according to proof at trial but sufficient to deter future conduct of the same or similar nature, based on the value of the estate

5. JTD accounting

6. JTD for a declaration that:
a) Petnr is entitled to detailed statements accounting for all royalties due to Arons;
b) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements;
c) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings completed on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements in perpetuity;
d) The Estate has failed to pay Arons the full amount of royalties lie is due for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson-CBS and Jackson-CBS Agreements; and
e) Petitioner is entitled to the damages suffered as a result of the Estate's refusal to pay Arons the full amount due to him

7. JTD costs of suit

8. JTD interest on each of the foregoing sums at the legal rate

9. JTD objections: a) denying the petition in its entirety; b) awarding extrs their costs and attys' fees due to the frivolousness of petnr's claims and pursuant to Section 7.11 of the November 1990 Settlement Agreement

PA COMMENTS: See remaining notes re notice - o/w evidentiary hrg reqd
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

The length of time some of these petitioners have taken to make their claims - years after the events in question, and four years after Michael has died, when the Estate has succeeded in pay off debts and funding new projects, speaks volumes for their (the petitioners) motives. I think Michael's reputation as probably the most litigated against entertainer ever is continuing to be upheld by the lodging of these various claims, even though he is no longer with us. I wish much success to Mr Weitzman and the co-executors in having these claims dismissed.
 
Re: News Lawsuit: Original Manager Says Sony Owes Him More Than $10 Million

"9. JTD objections: a) denying the petition in its entirety; b) awarding extrs their costs and attys' fees due to the frivolousness of petnr's claims and pursuant to Section 7.11 of the November 1990 Settlement Agreement"

Is that saying that this case was already settled in 1990?

frivolousness -
1. Unworthy of serious attention; trivial
2. Inappropriately silly

Go Howard Weitzman :clapping:
 
I don't know if I got it right, but Arons says he has two agreements, one with Michael & one with the Jacksons and he was to get 7.5% royalties from both?

Also "The 1981 Agreement expressly provided that Arons remained entitled to receive compensation of 7.5% on all amounts received by Michael Jackson (and the other signatories) "resulting from or relating to the recording of records ..." What term of time is he referring to?
 
Sony Hit With $10M Suit Over Michael Jackson Royalties

Share us on:TwitterFacebookLinkedInBy Bill Donahue 0 Comments

Law360, New York (June 25, 2013, 3:29 PM ET) -- A man who says he's a former lawyer and manager for Michael Jackson and his siblings sued Sony Music Entertainment Inc. in California state court Monday, claiming he's owed more than $10 million in unpaid royalties.

Richard Arons said he served as co-manager of the Jacksons with their father in the 1970s, a role that earned him a contractual guarantee to 7.5 percent royalties on sales of eight albums, including Jackson's “Thriller” — the best-selling record of all time.

In a complaint filed Monday in Los Angeles Superior Court, Arons said Sony — which now owns the rights to the albums — hasn't paid him as much as it should have for the Jackson records. The suit doesn't ask for a specific amount, but said Arons is owed at least $10 million.

“Sony Music is directly responsible for ensuring Arons is paid the royalties to which he is entitled,” the complaint said. “Arons is now over 75 years old and dependent on the royalty payments assigned to him by the Jacksons. Sony's failure to pay Arons the proper royalty payments due him has caused financial hardship to him.”

Arons said he was hired as the Jackson family attorney in 1969, then transitioned into a role as the co-manager of the siblings' musical careers in the early 1970s. Under a deal with father Joseph Jackson, Arons and the senior Jackson split a 15 percent cut of the proceeds on records produced up until 1981.

Over the years, Arons said he got into numerous disputes with Joseph Jackson and other members of the family, but that the two sides eventually reached a final settlement in 1990 that guaranteed Arons his 7.5 percent cut in perpetuity.

The albums at issue are "The Jacksons," "Going Places," "Destiny," "Triumph," "The Jacksons Live," and "Victory," all released by the five-member The Jacksons, and "Off the Wall" and "Thriller,” solo albums released by Michael Jackson. The records were released between 1976 and 1984.

Arons claimed he had always been compensated for the albums, but when he requested an accounting of what he was owed in 2011, the statement he eventually received was incorrect. When he raised the issue again, he said Sony refused to address the problem.

The four-count complaint alleges a breach of contract and conversion, and Arons wants a full accounting of the royalty situation as well as a declaratory judgment that Sony has to pay.

Sony couldn't be reached for comment Tuesday.

Arons is represented by Affeld Grivakes Zucker LLP.

Counsel information for Sony was not immediately available.

The case is Richard Arons v. Sony Music Entertainment Inc., case No. BC513048, in the Superior Court for the State of California, Los Angeles County.

http://www.law360.com/articles/452874/sony-hit-with-10m-suit-over-michael-jackson-royalties-
 
Probate-Other

Petitioner(s): Arons, Richard

Attorney(s): Herbert, Daniel B., Esq.

Continuance Number: 2 Continuance From: Tuesday, October 29, 2013

Last Date Changed: Tuesday, December 17, 2013 12:42 PM

Last Note Changed By: MOSBORNE

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner 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 on the Court's web site at www.LASuperiorCourt.org.

Petn filed 7/30/13

PRIOR ORDERS: Cont to 12/23/13 @ 10:00 a.m.

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)
BC513048 (Richard Arons v. Sony Music Entertainment, Inc.

SUMMARY:
Petnr is assignee of undivided interest re decd's recording contracts

1st supp filed 10/24/13

FACTS: Petnr is assignee of undivided interest in certain rights of decd related to decd's recording contracts with CBS Records, a Division of CBS, Inc.

In relevant part, in 1976, Jackson-Arons Enterprises (consisting of Joseph Jackson and petnr Richard Arons as equal partners) entered into a series of management agreements (the "Management Agreement") which provided, among other things, that in exchange for personal management services, decd would compensate Jackson-Arons Enterprises at the rate of 15% of all gross proceeds resulting from the services of decd within the entertainment industry (with limited exclusions). Petnr alleges that as partners, Joseph and petnr divided the 15% into two equal shares of 7.5%. By its own terms, the Management Agreement expired on 3/12/1983, though the assignment of royalties continues in perpetuity.

Petnr alleges that while he managed decd, decd's contracts invariably required decd to deliver a certain number of "master recordings," constituting one or more album deliveries. These "master recordings" made up of the (usually) two-track recordings of a single composition (using separate tracks for each instrument and vocal performance). Petnr alleges the definition of "master recordings" is standard throughout the music industry and that once a performer delivers the master recordings to the record company, the record company uses them to manufacture records for release to the public. As a result, income for master recordings includes the income from records.

Petnr alleges that in or around 1978, several disputes arose between Joseph Jackson and petnr and that the matters were settled on or about July 20, 1978. The 1978 Settlement Agreement confirmed Aron's Management Agreement with Michael Jackson, but his compensation for "non- record income" was reduced from 7.5% to 5%.

A few later, in 1981, add'l disputes arose between petnr and several of the Jackson family members, including the decd. The disputes were resolved in a settlement agreement on October 1, 1981. The terms of the 1981 Settlement Agreement provided that Arons give up the right to receive certain compensation to which he was entitled under the 1978 Settlement Agreement and under the Management Agreement. The 1981 Agreement expressly provided that Arons remained entitled to receive compensation of 7.5% on all amounts received by Michael Jackson (and the other signatories) "resulting from or relating to the recording of records ..." Petnr alleges, however, that he remained entitled to the 7.5% of all monies resulting from or relating to the master recordings earned under agreements entered into between the Jacksons and CBS Records (the "Jacksons-CBS Agreement") and Michael Jackson and CBS Records (the "Michael Jackson-CBS Agreement"). Petnr alleges the 1981 Agreement also provides that the Jacksons and Michael Jackson would instruct CBS to pay Arons the royalties to which he was entitled from the Jacksons-CBS Agreement and the Michael Jackson-CBS Agreement.

Petnr alleges that throughout the decades petnr's association with Michael Jackson, commencing with his employment as manager, and through the periods of the various settlement agreements, petnr has always been compensated for the monies received from the master recordings, excluding a short period beginning just prior to Michael Jackson's death. When Sony purchased CBS Records, Sony assumed the obligation to pay petnr and did so, though not in an amount consistent with the agreements. Petnr alleges the Estate has never complied with the Deceased's obligation to pay the royalties that CBS Records (now Sony Music Entertainment) failed to pay petnr under the assignment.

Petnr alleges decd was, and the estate is, obligated to provide petnr with royalty statements and pay petnr 7.5% in royalties on the Recording and Master Recordings completed prior to 3/12/1983.

MATTERS TO CLEAR:
A. Notice of hearing filed 9/12/13 insufficient - notice of heairng must include description of property and right to answer legend per LASC CH 4, Rule 4.37(b)(1), (2) - where appropriate, notice of hearing must be personally served, not mailed (please review Probate Code section 851(a)(1), (2) to determine who must be personally served with the notice)

****************************************
objs filed 9/6/13
objrs are John McClain and John Branca
objrs counsel are Howard Weitzman (Kinsella Weitzman Iser Kump & Aldisert LLP)

SUMMARY:
Objrs are co-extrs
Objs served

ARGUMENT: General denial of factual allegations. Objrs allege the PC850 petition is wholly w/o merit as the documents at issue cannot possibly be read to grant petnr the broad rights to royalties he now claims to have. The relief is furthermore barred by: a) petnr's failure to file a creditor's claim with respect to the master recording royalties at issue; b) the applicable statutes of limitations; and c) equitable doctrines such as laches, estoppel, waiver, and unclean hands.


MATTERS TO CLEAR:
A. Objs not verified per PC1020 et seq. - supp reqd

****************************************

RELIEF:
1. JTD that the estate holds in trust, as constructive tee, fbo petnr, 7.5% 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 master recordings created up to and including March 12, 1983

2. JTD compensatory damages, including, but not limited to royalties due to Arons under the Michael Jackson-CBS and Jackson-CBS Agreements, in an amount to be proven at rial, but not less than $10,000,000

3. JTD general and special damages according to proof at trial

4. JTD exemplary and punitive damages according to proof at trial but sufficient to deter future conduct of the same or similar nature, based on the value of the estate

5. JTD accounting

6. JTD for a declaration that:
a) Petnr is entitled to detailed statements accounting for all royalties due to Arons;
b) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements;
c) The Estate is obligated to pay Arons royalties for the Recordings and Master Recordings completed on or before March 12, 1983 and arising out of the Michael Jackson- CBS and Jackson-CBS Agreements in perpetuity;
d) The Estate has failed to pay Arons the full amount of royalties lie is due for the Recordings and Master Recordings created on or before March 12, 1983 and arising out of the Michael Jackson-CBS and Jackson-CBS Agreements; and
e) Petitioner is entitled to the damages suffered as a result of the Estate's refusal to pay Arons the full amount due to him

7. JTD costs of suit

8. JTD interest on each of the foregoing sums at the legal rate

9. JTD objections: a) denying the petition in its entirety; b) awarding extrs their costs and attys' fees due to the frivolousness of petnr's claims and pursuant to Section 7.11 of the November 1990 Settlement Agreement

The first bolded bit, is that sort of legal language, unclean hands?
 
yes it is legal language

Unclean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".

in a very simplified fashion it means the party complaining has to be innocent of what they are complaining. For example you curse me, I curse you and then you complain about me cursing. Unclean hands would be a possible defense which would basically mean that as you also cursed you cannot complain about my cursing.
 
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