Posts Tagged ‘jon eardley’

Wannabe Britney Lawyer Asks for Jury Trial

May 14th, 2009

The restraining order trial of Britney Spears‘ former hanger-on Sam Lutfi and lawyer Jon Eardley just won’t disappear from the court’s docket. In the latest wrinkle, Sam and Eardley have filed legal papers contesting the orders that forbid either of them from communicating with the pop star or her family.

According to TMZ.com, the pair are now claiming that their case, which was decided by a judge in April, should have been heard by a jury of their peers and are asking for a new trial.

This is only the latest attempt by Lutfi and Eardley to appeal their restraining orders. Two days after the April 28 verdict was handed down, Sam’s lawyer was already typing up the papers, saying, "The evidence showed it was Britney Spears reaching out to Mr. Lutfi and all he did was help her get a lawyer."

Britney & Boys Can Breathe Sigh of Relief

April 28th, 2009 / Author: OK! Staff

A dark chapter in Britney Spears‘ life has finally come to a close today with the announcement that a California court has decided to make permanent the restraining order against her onetime constant companion — and self-declared manager — Sam Lutfi.

The order — which, despite the name, isn’t technically permanent (it comes up for review in three years) — forbids Sam, as well as attorney Jon Eardley — who had previously attempted to have himself declared as Brit’s lawyer — from coming within 100 yards of the superstar, or any of her places of business. It also covers Brit’s family, including her two young sons, Jayden James and Sean Preston, and their father Kevin Federline.

Lutfi’s Lawyer: Britney Should’ve Testified

April 28th, 2009

Judge Aviva Bobb heard closing arguments to decide if the temporary restraining order against Britney Spear’s former BFF/svengali Sam Lutfi and her wannabe lawyer Jon Eardley should be made permanent.

 

Bobb told the open court that she will render her verdict by the end of the day. The bottom line argument, according to Lutfi’s lawyer Bryan Freedman is that Britney, herself "did not suffer substantial emotional damage" as a result of Lutfi’s phone attempts to contact her.

 

Freedman told OK! exclusively: "I will most definitely appeal any permanent order. Britney did not testify. No doctor or medical professional testified that she suffered enough to warrant a restraining order"

 

Britney’s lawyer Joel Boxer countered: "There’s much truth to the old adage that silence speaks volumes," meaning that neither Lutfi nor Eardley bothered to show up in court to testify in their defense.

 

Last week in court Boxer tried to cement the idea that Lutfi and Eardley are "predators who patently threatened and extorted her through emails."

 

Despite signing an agreement last July to stay away from the Britster, Lutfi testified that he slipped her a cell phone via his sister, and that she then texted Britney 45 times.

 

Another court date in May is scheduled to decide who should pay whose lawyer fees for this whole thing.

 

Stay tuned for judge Bobb’s final decision.

Britney and Sam Lutfi: A Very Tangled Web

April 21st, 2009

The Britney Spears saga continues – while she’s on tour. On Tuesday afternoon, 8 lawyers appeared at downtown’s L.A. Superior Court to discuss just how threatened and harassed – or not – the pop star actually is.

Brit’s side wants to cement restraining orders against her forme BFF, Sam Lutfi and her wannabe attorney, Jon Eardley, arguing that the pair are "predators who patently threatened and extorted her through emails," says lawyer for the conservators Joel Boxer.

Lutfi, who has famously called himself Britney’s manager, says he and Eardley have been nothing more than good samaritans who wanted to help someone who couldn’t help herself.

Testimony shows that Sam slipped Britney a cell phone through his sister, and that she texted the pop star 45 times, despite Sam signing an agreement last July to stay away from Britney.

"Mr. Lutfi is a very, very, very busy man, and at the end of the day what does he do? He sues her for millions of dollars," says Boxer. Boxer wants Eardley to leave his client alone as well, telling the judge he needs to, "go be a good samaritan or a Don Quixote to another damsel in distress."

Then there’s Sam’s lawyer, Bryan Freedman, who says Britney never suffered the level of harassment and emotional stress which would require a restraining order. "Sam sent 10 text messages to her hairdresser," Freedman says. "None of which were directed to Britney Spears. Not one had a curse word or used vulgar language or had a threat in it."

He adds, "In fact, Britney called Sam and was crying out for help, asking for a cell phone and asking for a lawyer."

Yikes! And all that was before the closing arguments, which were cut short due to time. The whole thing will pick up again on April 28. Oh Britney, you never fail to amuse.


 

 

Brit’s Lawyers Say “Pay Up!”

April 17th, 2008 / Author: cwillett

Britney Spears‘ conservators were back in court again on Thursday afternoon, where they discussed, among other things, the subject of payment.

Commissioner Goetz agreed to advance Andrew Wallet, Sam Ingham and attorneys for the conservators exactly half the money they are expected to bill for.
Ingham, Brit’s court-appointed attorney will be getting $10,000 a week through July 31.

Co-conservator Wallet gets $100,000 and the Luce Forward law firm will get $175,000 — and that’s just for work done through March 31.

Clark Byam, another attorney, will get $22,500. Stacy Phillips, the lawyer repping Brit in the family law case, will get $75,000 — also for work through March 31.

Meanwhile, Comm. Goetz once again struck down a March 17 filing by Jon Eardley to present ‘on record’ the declaration of retired UCLA Law professor William McGovern. Eardley still claims he is working for Britney and that the current conservatorship is violating her civil rights.

After throwing the motion out, the judge said, "Judge Gutierez in the federal court, as well as this court several times, have made findings that show Eardley is not an attorney of record for Ms. Spears. There has been no finding that he represents her."

Everyone will be back in court on May 29 for the next conservatorship hearing.

Regarding Brit’s custody case, the singer is required to complete a 730 psych evaluation by May 6. She has repeatedly refused to turn in any form of evaluation in the past, so it will be interesting to see if she complies this time.

Also on May 6, Britney is expected to ask for overnight visits with her sons. However, if she once again refuses to complete a psych evaluation, Commissioner Gordon may not consider that request.

Judge Throws Out Eardley Claim — Again

March 24th, 2008 / Author: cwillett

On Monday, a Court of Appeals ruled that a claim challenging Britney Spears’ conservatorship was totally bogus, this time not even waiting for the singer’s conservators to file a response. Jon Eardley, who claims Britney hired him to represent her, had filed a claim once again stating the conservatorship violated her civil rights.

Last month, Eardley filed a similar claim that was also rejected.

 

But now, OK! can confirm that Britney was at least originally party to bringing Eardley in as her attorney. Britney spoke to Eardley via a third party back in the early days of the conservatorship, using a paparazzi pal to set up a conference call so that her father, Jamie Spears, wouldn’t find out. (Jamie currently monitors all of Britney’s phone calls.)

In a phone transcript obtained by OK!, Britney says to Eardley: "Basically I want my life back. I want to drive my car. I want to live in my house alone. I want to pick my own security, see who I want to see and make it happen."

During the phone call, Britney can be heard speaking in her English accent.

 

Brit’s Conservatorship Extended Through the Summer

March 5th, 2008 / Author: cwillett

On Wednesday, a court commissioner ruled to keep Jamie Spears on as conservator over the personal and business affars of his daughter, Britney Spears, through July 31.

TMZ is reporting the order is effectively a seal of approval for Poppa Spears, who has been co-conservator since Brit’s latest breakdown.

Sources also say the conservators are open to ending the conservatorship earlier than July 31, if Britney’s mental state sufficiently improves and stabilizes.

Under the conservatorship, Britney appears to be recovering significantly. She teaches regular dance classes to children at Millennium Dance Complex, has abandoned her wild and erratic night life and has won back  visitation rights with her sons, Sean Preston and Jayden James.

Today’s news is probably not going over well with Britney’s former confidante, Sam Lutfi, who, after being served with a restraining order two weeks ago by the conservators, has vowed publically to "fight to the end" to overturn the order and regain his friendship with the pop singer.

With all of the positive energy surrounding Britney right now, it’s hard not to think that Sam’s absence might be a good thing after all.

And, by the looks of things, the court seems to agree.

Wacky Attorney Still Claims He’s Britney’s Lawyer

February 27th, 2008

Despite his inability to meet standard court deadlines and a federal judge’s ruling against his claims, Jon Eardley, the attorney who says he represents Britney Spears, vowed Wednesday to continue his fight.

"We have only just begun the fight," Eardley said in a statement. "There is nothing that will stop me from dismantling, if necessary, this oppressive and unjust conservatorship."

On Feb. 1, a California court appointed Brit’s father, Jamie Spears, conservator over her personal and business affairs. A court approved attorney, Andrew Wallet, was named co-conservator and another attorney, Samuel Ingham, was appointed as the singer’s lawyer.

Eardley still claims Britney, 26, hired him on Feb. 12; however, lawyers for Jamie Spears argued that Eardley’s claims were invalid because under the conservatorship, Britney is not legally able to hire her own counsel.

Yesterday, Federal District Judge Philip Gutierrez ruled the state court’s appointment of Sam Ingham precluded Eardley from acting as Britney’s lawyer. Judge Gutierrez also ruled the case would remain in state court, not federal court as Eardley sought, because Eardley had no authority to move it.

Since the conservatorship was established, Jamie Spears has managed to quiet his daughter’s usual out-of-control lifestyle which, over the past year, has spiraled downward into a whirlwind of craziness, including a stint in rehab, British accents, pink wings and, ultimately, Britney’s hospitalization and the loss of custody and visitation rights with her sons.

Eardley claims the conservatorship violates Britney’s civil rights and that her conservators are not acting in her best interest.

The conservatorship has been extended on two occasions and remains in effect until March 10.

Brit’s Conservatorship Case Knocked Back to State Court

February 26th, 2008

A day after lawyers for Jamie Spears went to court to challenge claims that Brit’s conservatorship was violating her civil rights, a judge slammed the book on the civil rights challenge and knocked the conservatorship case back to state court.

Federal District Judge Philip Gutierrez ruled that Jon Eardley, the attorney who claimed to represent Britney Spears, "had no authority" to remove the singer’s conservatorship case from state court.

The judge added, "Mr. Eardley is not Ms. Spears’ attorney and acted improperly by removing her conservatorship proceeding to federal court."

The court did not award the conservatorship attorney fees, however, which means Brit will have to pay around $40,000 for the now meaningless case.

 

On Monday, lawyers for Jamie Spears filed papers challenging Eardley’s case, which claimed Britney’s civil rights were being violated as a result of the conservatorship. Eardley insisted that he was Brit’s lawyer, had been hired by Britney herself and had several witnesses lined up "in California and abroad" to testify on her behalf. He also claimed to be aware of "voicemails" in which Jamie Spears was verbally abusive toward his daughter.

Jamie’s lawyers fired back, saying that under the conservatorship authority set in place on Feb. 6, Britney could not legally choose her own counsel. Since Eardley claims he was hired by Brit six days after Jamie Spears was made co-conservator, he can not legally be Britney’s attorney. Eardley also failed to meet the court’s deadline to file all of this with the proper paperwork.

 

Bottom line: all parties are due back in state court on March 10, when a judge will decide if Jamie Spears will remain on as the conservator of Brit’s estate.

 

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