Celebrity Justice
Fed Judge to Brit -- You're Outta Here!

A federal judge has ruled the Feds have no business in Britney's conservatorship case and it has been sent back to state court.
Read the docs
Federal District Judge Philip Gutierrez ruled Jon Eardley, the attorney who claimed to rep Brit, "had no authority to remove the 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 attorneys fees, which means it will cost Brit around $40,000 for what turned out to be a bogus case.

Reader Comments

(Page 5 of 11) Previous 15 Comments | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments

61. Hi Bella. Long time no hear ( or in this case, no blog read). I have laid off comments lately because most everyone is sick of hearing about Britney and little has changed. I can't stand the drama with her anymore. Just wanted to let you know I'm still among the living.

Posted at 8:43PM on Feb 26th 2008 by Vintage '51

62. Britney's legal problems are over for the moment and she should try another comeback. She could open a supermarket or maybe open a new Wal Mart. Stores always look for a way to attract crowds. Britney would be perfect for a new store opening. The public does not care if she is a little tubby or cannot sing very well they just want to see the former star Britney Spears.

Posted at 8:42PM on Feb 26th 2008 by Big Bear

63. 58. This isn't over...
Supreme Court's decision in O'Connor v. Donaldson, 422 U. S. 563 (1975) which held that the state may not confine a non-dangerous adult solely for the purpose of providing custodial care. The opinion further stated that there was insufficient evidence to sustain a finding of any emergency requiring conservators in this case. To deprive a person of liberty and freedom of action without properly ascertaining the necessity of legal control over the person, stated the court, is "to license kidnapping for the purpose of thought control.

Posted at 8:38PM on Feb 26th 2008 by jh

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

jh, I don't get your point. O'Connor held that a mentally ill adult cannot be held in an institution when he/she is capable of living on his/her own or can be assisted by friends or family members. Thus, the California Probate Code provides for conservatorship for those who are impaired but can be assisted, and requires that the conservatee be allowed to live at home unless there is some showing it is not safe. That is precsiely what is being done in Britney's case.

Posted at 8:44PM on Feb 26th 2008 by lawdawg

64. I would like to know where Lutfi will get the money to pay legal fees for his own defense in recent filings since he has no contact with Brit, and is left out of the gravy train now. Bella

Posted at 8:44PM on Feb 26th 2008 by Bella

65. Hey Vintage - ditto back at ya!! I haven't written anything for about 3 weeks for the same reason as you until tonight. Eardley's stupidity upset me so I needed to add my 2 cents worth!! Good to talk to you. I don't know how to swap personal e-mail addresses so we could correspond without the whole world knowing them - any ideas? Bella

Posted at 8:48PM on Feb 26th 2008 by Bella

66. Bella. Mee too. But I think that's the point. They cooked up some BS just to get the exposure: so there was no-one to inform there's no case. Effectively Eardley is just as bad as Sands unless he really believed he had a case... And Sands made some pretty bold statements last week abotu RICO violations and such. And now that the case has been rejected he's gonna try to justify his claims to the press somehow.


jh - I think lawdawg is better to speak on this, but I would assume that if the report to the court deems Britney fit to handle her affairs, the show will be over on the 10th anyway. I would imagine that is the report finds her unfit, the court would have reasons to extend the conservatorship for a year. Though courts make mistakes, they are very aware of the media spotlight on this case and am sure they will justfy their grounds!

Posted at 8:50PM on Feb 26th 2008 by britaculous

67. Bella: Maybe Howard Grossman will be a pal and front the legal fees for Sam's defense of the TRO. Supposedly those two were really tight, and Grossman would write the checks requested by Sam and pay the credit card bills. I think there's a stash of cash somewhere.

Posted at 8:51PM on Feb 26th 2008 by lawdawg

68. This is a big loss for Britney, she will never be free of all the greedy freaks making her life a totoal hell leave her alone and she can work and make alot more money. She is very capable of working and caring for her self alot better than 99 % of people. Wish she would just leave this country and make a new life in London she would be much happeir the courts and greedy attorney, k-fed, parents would get off the gravy train.

Posted at 9:59AM on Feb 27th 2008 by sandy

69. lawdawg. Yea I think so. I mean the reason she kicked them all out is because she thought everyone was against her.. you know the whole thing last year. maybe in her head they'll have started to prove them selves now.

I checked back at X17 just now. Apparently she's now with the boys. 3 times in 4 days. Not bad. AND she was all covered up for he shopping trip this afternoon. Don't want to be too soon to speak, but as above... maybe she sees the light.
???

Posted at 8:55PM on Feb 26th 2008 by britaculous

70. Lawdawg: Yes, there is always someone to the slime ball's rescue to try and get them off, and avoid responsibility. Bella.

Posted at 8:55PM on Feb 26th 2008 by Bella

71. Maybe you hit the nail on the head lawdawg. Sam/Grossman take money. Sam tries to cover tracks and leads Eardley to think Jamie has it. Wouldn't that be an ending. Where will Mr Sands put his face?

Posted at 8:58PM on Feb 26th 2008 by britaculous

72. britaculous: Very astute response to jh. The conservatorship is temporary, as allowed by the Probate Code. The next step is to make a determination, based on evidence and on the investigator's report, whether a permanent conservatorship is necessary and how restrictive or non-restrictive it should be. The investigator can make recommendations about allowing a limited ability to sign contracts (for instance, up to a certain dollar amount), the right to drive, the right make medical decisions, etc. Britney will have an attorney to represent her, and can cross examine any witnesses, like her mother or a doctor or the investigator. After that the court will make its decision, set the length of the conservatorship, the terms and conditions, etc. If Britney shows that she is cooperating in her treatment program I think it is likely that the court will make the conservatorship less restrictive, say, give her some spending money, allow her some limited driving privileges, and similar concessions. The court can set the matter up for periodic hearings to determine progress and adjust the terms.

Posted at 9:00PM on Feb 26th 2008 by lawdawg

73. Thanks Lawdawg. And for the info - as always!


Date for you Diary. Michael Sands being deposed by Phillips on Mar 5th. Wouldn't you liek to be a fly on that wall...

Page6: "Inside sources explain that [Mark] Kaplan, K-Fed's lawyer, "is extremely nervous and apprehensive about the deposition and is expected to object to any line of questioning that Michael could have been privy to while he worked for Kaplan."
And we don't blame him. An enthusiastic Sands exclusively tells us, "I welcome the opportunity to testify under oath about what Mark said to me about Sam Lutfi, and I'm willing to take a lie detector test to talk about what the truth is about Sam Lutfi and other specifics regarding the ongoing custody battle. I wonder why Mark is worried about my deposition."
Sands adds that he would also be happy to testify at Sam's restraining-order hearing, slated for March 17, telling us, "Ye shall know the truth and the truth shall set you free!" "

Why are all his comments about Sam?

Posted at 9:06PM on Feb 26th 2008 by britaculous

74. Daddy Spears is a smart man he knows how to handle him self and is going to get a whole lot of monney come the 10th he will extend the control for a year and Brit willl have to lick his shoes. She will be his slave and will do what ever he tells her or she will go to the mental hospital and we know she hates being locked up. I think she should learn to take orders with a smile and do everything Daddy tells her to do or she will take a mouth full of pills and go to the hospital and never she her estate of comfort again. Well Brit you have not a friend left in this world now time to answer to the man time to take orders. So suck it up little girl know who is in charge and make the best of it. Use your manners like a good girl and say yes sir when told to do somthing.

Posted at 9:59AM on Feb 27th 2008 by sandy

75. THERE ARE 14 FEDERAL INJUNCTIONS IN PROCESS OF BEING FILED IN THIS CASE, ALL ARE AGAINST KAPLAN, LUTFI, TROPE &TROPE, THEIR SUBSIDARIES AND CO-CONSPIRITORS, THIS WILL BE INTRODUCED TO THE 9TH. CIRCUIT COURT, TO BE SHORTLY OVER-RULED TO THE SUPREME COURT OF CALIFORNIA.....

Posted at 10:56PM on Feb 26th 2008 by Constitutional Law Attorney FED ID#2246778907-F7312

Previous 15 Comments | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments