Post by Admin on Apr 24, 2021 13:08:26 GMT -4
Michael Jackson: Court dismisses lawsuit from accuser James Safechuck
A US judge has dismissed a lawsuit from one of Michael Jackson's accusers, who claimed Jackson's companies allowed the star to abuse him and other children.
James Safechuck has said the singer started abusing him when he was 10.
In 2014, he sued MJJ Productions and MJJ Ventures, and has alleged they "were created to, and did, facilitate Jackson's sexual abuse of children".
But the judge dismissed the case, saying the companies didn't have a duty of care for Mr Safechuck.
Jonathan Steinsapir and Howard Weitzman, representing MJJ Productions and MJJ Ventures, told the BBC: "We are pleased that the court agreed that Mr Safechuck had no grounds to pursue his lawsuit."
Mr Safechuck was one of two men who accused the late pop star of abuse in last year's Leaving Neverland documentary.
EXCLUSIVE Los Angeles Superior Court Judge Mark A. Young has tentatively dismissed the last of the cases brought by choreographer Wade Robson against the Estate of Michael Jackson. A final ruling will come after a hearing on April 26th.
Robson’s cases against Jackson, his Estate and companies were based on an out of left field claim that he’d been sexually harassed and abused by Jackson when he was a child. But Robson had testified in Jackson’s defense in his 2005 child molestation trial and continued to sing his praises after he died. It was only in 2013 when Robson had been rejected by the Estate to do work on Jackson projects that he made the claims. The claims then became the basis of the documentary “Leaving Neverland.”
Robson was joined in his lawsuit by James Safechuck, who also made the sexual molestation claims, appeared in the documentary, and so on. His case was dismissed last year.
Keep refreshing as I add some points from the case. But as you read through the judge’s decision, you’ll see the words “no triable issue.” The case has been essentially tossed.
The judge’s tentative ruling is here as follows.
Basis for Motion
Defendants seek summary judgment, or in the alternative, summary adjudication as follows:
All causes of action fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants’ allegedly tortious acts or omissions were “a legal cause of the [alleged] childhood sexual assault,” Code Civ. Proc. §§ 340.1(a)(2) & 340.1(a)(3), in order for the causes of action to come within the scope of subdivisions (a)(2) and (a)(3) of Code of Civil Procedure section 340.1 (and the causes of action are therefore untimely); and/or as required by the elements of the substantive causes of action themselves (all of which require legal causation, i.e., proximate causation).
The Second through Fifth Causes of Action, all of which are based in negligence, fail as a matter of law because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had duties of care towards Plaintiff as alleged in the Complaint.
The Second Cause of Action for “Negligence” in the Complaint based on the negligence per se doctrine fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that any of the pertinent employees of Defendants were mandated reporters under the Child Abuse and Neglect Reporting Act (CANRA), Penal Code §§ 11166 et seq. in effect at the time. Also, the negligence per se doctrine does not create a duty of care in any event; it only sets the standard of care when duty has first been established independently. There is no duty of care here.
The Third and Fourth Causes of Action for “Negligent Retention/Hiring” and “Negligent Supervision” in the Complaint fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had the duty or ability to decline to hire Michael Jackson in the first place, to fire him or to supervise him. There is also no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that the alleged tortious conduct by Jackson against Plaintiff arose out of or was generated by the employment relationship between Jackson and the Defendants.
The Fifth Cause of Action for “Negligent Failure to Train, Warn, or Educate” fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had a duty to train, warn or educate Plaintiff, his parents, the authorities, Defendants’ employees, or anyone else about the dangers of sexual abuse generally or about the alleged dangers of Michael Jackson specifically.
The First Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants themselves (as opposed to, allegedly, Michael Jackson personally) engaged in extreme and outrageous conduct. Also, this cause of action fails because, as alleged by Plaintiff, it is a claim for “direct perpetrator liability” and is therefore not cognizable under Code of Civil Procedure section 340.1 (and is therefore untimely). There is no triable issue as to any material fact showing otherwise.
The Sixth Cause of Action for Breach of Fiduciary Duty fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants were in a fiduciary relationship with Plaintiff and/or that fiduciary duties were breached.
In addition, and in the alternative, Defendants move for judgment on the pleadings as to each cause of action because they contend that the operative Complaint does not, and cannot, allege facts sufficient to constitute valid and timely causes of action for each cause of action.
A US judge has dismissed a lawsuit from one of Michael Jackson's accusers, who claimed Jackson's companies allowed the star to abuse him and other children.
James Safechuck has said the singer started abusing him when he was 10.
In 2014, he sued MJJ Productions and MJJ Ventures, and has alleged they "were created to, and did, facilitate Jackson's sexual abuse of children".
But the judge dismissed the case, saying the companies didn't have a duty of care for Mr Safechuck.
Jonathan Steinsapir and Howard Weitzman, representing MJJ Productions and MJJ Ventures, told the BBC: "We are pleased that the court agreed that Mr Safechuck had no grounds to pursue his lawsuit."
Mr Safechuck was one of two men who accused the late pop star of abuse in last year's Leaving Neverland documentary.
EXCLUSIVE Los Angeles Superior Court Judge Mark A. Young has tentatively dismissed the last of the cases brought by choreographer Wade Robson against the Estate of Michael Jackson. A final ruling will come after a hearing on April 26th.
Robson’s cases against Jackson, his Estate and companies were based on an out of left field claim that he’d been sexually harassed and abused by Jackson when he was a child. But Robson had testified in Jackson’s defense in his 2005 child molestation trial and continued to sing his praises after he died. It was only in 2013 when Robson had been rejected by the Estate to do work on Jackson projects that he made the claims. The claims then became the basis of the documentary “Leaving Neverland.”
Robson was joined in his lawsuit by James Safechuck, who also made the sexual molestation claims, appeared in the documentary, and so on. His case was dismissed last year.
Keep refreshing as I add some points from the case. But as you read through the judge’s decision, you’ll see the words “no triable issue.” The case has been essentially tossed.
The judge’s tentative ruling is here as follows.
Basis for Motion
Defendants seek summary judgment, or in the alternative, summary adjudication as follows:
All causes of action fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants’ allegedly tortious acts or omissions were “a legal cause of the [alleged] childhood sexual assault,” Code Civ. Proc. §§ 340.1(a)(2) & 340.1(a)(3), in order for the causes of action to come within the scope of subdivisions (a)(2) and (a)(3) of Code of Civil Procedure section 340.1 (and the causes of action are therefore untimely); and/or as required by the elements of the substantive causes of action themselves (all of which require legal causation, i.e., proximate causation).
The Second through Fifth Causes of Action, all of which are based in negligence, fail as a matter of law because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had duties of care towards Plaintiff as alleged in the Complaint.
The Second Cause of Action for “Negligence” in the Complaint based on the negligence per se doctrine fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that any of the pertinent employees of Defendants were mandated reporters under the Child Abuse and Neglect Reporting Act (CANRA), Penal Code §§ 11166 et seq. in effect at the time. Also, the negligence per se doctrine does not create a duty of care in any event; it only sets the standard of care when duty has first been established independently. There is no duty of care here.
The Third and Fourth Causes of Action for “Negligent Retention/Hiring” and “Negligent Supervision” in the Complaint fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had the duty or ability to decline to hire Michael Jackson in the first place, to fire him or to supervise him. There is also no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that the alleged tortious conduct by Jackson against Plaintiff arose out of or was generated by the employment relationship between Jackson and the Defendants.
The Fifth Cause of Action for “Negligent Failure to Train, Warn, or Educate” fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had a duty to train, warn or educate Plaintiff, his parents, the authorities, Defendants’ employees, or anyone else about the dangers of sexual abuse generally or about the alleged dangers of Michael Jackson specifically.
The First Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants themselves (as opposed to, allegedly, Michael Jackson personally) engaged in extreme and outrageous conduct. Also, this cause of action fails because, as alleged by Plaintiff, it is a claim for “direct perpetrator liability” and is therefore not cognizable under Code of Civil Procedure section 340.1 (and is therefore untimely). There is no triable issue as to any material fact showing otherwise.
The Sixth Cause of Action for Breach of Fiduciary Duty fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants were in a fiduciary relationship with Plaintiff and/or that fiduciary duties were breached.
In addition, and in the alternative, Defendants move for judgment on the pleadings as to each cause of action because they contend that the operative Complaint does not, and cannot, allege facts sufficient to constitute valid and timely causes of action for each cause of action.
