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Lawyer Claims Britney Held Hostage!

2/17/2008 3:10 AM PST BY TMZ STAFF

Britney SpearsThe lawyer who derailed the Britney Spears conservatorship case tells TMZ Britney herself called him and asked him to take the reins. The question: Will a judge be buyin' what he's sellin'?

Attorney John Eardley filed papers in federal court last Thursday, alleging the California courts have railroaded Britney by imposing a conservatorship. Eardley tells us Britney called him, but he would not disclose the circumstances surrounding the alleged call or what she said. We do know that Michael Sands, who used to be the spokesperson for K-daddy's lawyer, Mark Vincent Kaplan, is now the mouthpiece for Eardley. And Sands also reps Sam Lutfi, who is now restrained from all things Britney.

So, are Lutfi and Sands behind the whole magilla with Eardley? Smells like it.

Eardley tells TMZ Britney didn't sign a retainer agreement because she is being "held hostage" in her own home. Ironically, a half hour before he told us this, we looked out our office windows and saw Britney driving through West Hollywood on a shopping spree.

Just by filing the Federal papers, Eardley has paralyzed the California courts from issuing more orders in the conservatorship case unless and until the Federal judge tells Eardley to take a hike.
307 COMMENTS

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226.

Little Victory    

Just for interest sake, and in relation to people who are supposedly on Britney's side...has anyone read the stuff being posted about Sam Lutfi at http://kendungey.blogspot.com/2008/02/heres-story-how-i-got-involved-with-sam.html and http://bittenandbound.com/2008/02/05/exclusive-more-sam-lutfi-text-messages-i-am-her-father-brother-boyfriend-and-god/ Apparently Jamie and Lynne are aware of this, and the people involved talk to them regularly. Think this might have something to do with the court awarding the restraining order?

And there are people in a position of power who want to let this man back into this poor ill woman's life? Hope not.

2378 days ago
227.

tuna marie    

i wonder if she will ever see her kids again? oh well, what diff does it make, she can just pop out some more.,

2378 days ago
228.

dugh    

OPI you are an a## hole

2378 days ago
229.

happy holiday season    

BRIT-BRIT: LET ME TAKE YOU AWAY FROM ALL OF THIS, COME WITH ME AND WE WILL BE HAPPY. (i WILL NEED A
FEW MILLIONS OF YOUR DOLLARS TO DO THIS) SO PLEASE RETURN MY PHONE CALLS. LUV YA, S. LUFTI

2378 days ago
230.

antbabs    

Next week Brit's net worth will be $15M. What a cryin' shame. She's been robbed blind. I hope Osama and Adnan go back where they came from, creeeps.

2378 days ago
231.

britaculous    

Oh Pleeeeease.
This is nothing more than a bid to 15minutes. If this was of such CONSTITUTIONAL IMPORTANE there would be tonnes of lawyers speaking out for her.....

Heard of "floodgates"? A reason why many a decision is not taken in a
court..............
A reason why the papers won't succeed.......

"Legal experts were doubtful that Eardley's bid to remove the case to
federal court would succeed.

"Anyone who's under a conservatorship can argue that they've lost
their civil rights," said Peter Tiersma, a law professor who teaches
trusts and wills at Loyola Law School. "That's what a conservatorship
does, it takes away some of your rights."

If the federal court were to take jurisdiction of the Spears case,
said Tiersma, "that would mean that anyone under a conservatorship
could do this, and that's a loophole you could drive a truck
through."

Family law attorney Alexandra Leichter said the existing orders in
the case, including Goetz's decision that the pop star cannot retain
counsel, will stand until a district court rules on whether it will
take the case, which she said is highly unlikely.

"This is strictly a state matter. The fed court will not take
jurisdiction of this case. That is so far-fetched and off the wall,"
said Leichter. "They'll laugh them out of court."

Superior Court spokesman Allan Parachini would not comment on the
federal court filing.

"All current orders in this matter remain in full force and effect,"
he said."
Google.

2378 days ago
232.

crymeariver    

SHe had a thing in place when her dad took over...that was totally ignored it was done pre kfed and they ignored that dirivitive.

2378 days ago
233.

britaculous    

241. What does Warden Jamie Spears cutting off her internet access and monitoring what she watches on TV have to do with getting better? It's all about CONTROL of her.

Posted at 2:35PM on Feb 17th 2008 by opi
-----------------

He is PROTECTING her from all the baddies that want a piece. Look at the first thing she did when she came out: had a pap driving in her car. She's not cut off from the world, she's merely being looked after. She'll probably come round and see how much danger she put herself in eventually, by letting paps in her car, going out without security and such. And yes she's a grown up and can do what she wants - but there's doing what you want and doing what you want in a sensible manner.

2378 days ago
234.

Liz    

opi
What log did you crawl out from under you dirty worm?

2378 days ago
235.

Jenny    

No-yank-here…Do all the screaming you want but at least get lu-T-fi’s name spelled correctly. Geeze!

2378 days ago
236.

Terri    

This is the best thing that has happened to this girl. Her parents are there for her best interest. People with no money should not be able to post comments. Not every one is GREEDY. These are her parents. They will take care of her best interest. Which are her health and children.
T.

2378 days ago
237.

He's just another Idiot    

I didn't think there could be any more deadbeats after Britney's money - K-Dud, Kaplan, Adnan, Sam - now new lawyers are crawling out of the woodwork to get control of Britney and her money throught the Federal Courts???????? That is the most nasty and crazy thing yet. People who are posting here bashing Britney and her parents, must be the lowlifes after her money. Anyone with any sense at all would be glad that she is now in safe hands. Hope the criminal manager, lawyers, and "spokesmen" go to prison. They are nothing but Thug Slugs !!!!

2378 days ago
238.

britaculous    

Apparently Eardley is THE ONLY person that thinks he has a case..... Because all other lawyers maintain a fed court would not rule against a conservatorship...

"...On Friday, a Superior Court spokesperson said that the existing conservatorship and other orders "are still in effect," and that court officials are unaware of any federal court action or scheduled hearings on the matter.

"The saddest part [of the legal maneuvering] is it is all to [Britney's] detriment," says a legal insider. "The limited conservatorship puts in place medical care and protection of her assets that may be put at risk by the distraction and expense of having to get such an opportunistic and counterproductive action dismissed."

In fact, legal experts say Eardley's legal gambit is unlikely to succeed. "It's not like the judge read papers filed by one side and made decisions without giving each side due process," says Loyola Law School Professor Stan Goldman, who is not involved in the case.

"It would be quite surprising if the federal court granted a hearing on this," he adds, "and a total shocker if it ruled against the conservatorship."..."

http://www.people.com/people/article/0,,20178606,00.html

2378 days ago
239.

twinky    

I CANT WAIT FOR 6 MONTHS TO GO BY OF HER DAD CONTROLLING HER AND SEE HOW MANY PEOPLE ARE INTERESTED IN HER.....SHE IS GOING TO FADE AWAY FROM PEOPLES MINDS BECAUSE OF BOREDOM.

2378 days ago
240.

Big Bear    

britney needs to be held as a hostage for her own good. The girl is crazy and needs protection from herself. britney I do wish you would shave your head again where you look good. Please do not lose any weight because you look really good as a fat lady. The fat hanging down the back of your little hot pants is a real turn on. When is the next comeback try?? I know the big try will have at least 10 people there to watch you jiggle your fat thighs!!! Singing and dancing lessons would be a good idea while you are in the nut house.

2378 days ago
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