As widely reported in the mainstream media, Michael Jackson has filed a lawsuit against Julien’s Auctions for the return of personal property from the Neverland Ranch that was consigned to the auction house with a sale planned for April 22-April 25, 2009 in Beverly Hills. Below is a PDF of the complaint filed in California Superior Court.
Alan S. Gutman is the attorney for Michael Jackson and his MJJ Productions Inc, the Plaintiff in the complaint against Defendant Julien’s Auction House, LLC.
The complaint, case number BC408913, was filed on March 4, 2009 in the Superior Court of the State of California for the County of Los Angeles.
The complaint charges:
- Claim and Delivery [Detinue]
- Conversion
- Rescission Based on Fraud
- Fraud – Promissory Fraud
- Fraud – Intentional Misrepresentation
- Unfair Business Practices
- Breach of Fiduciary Duty
- Declaratory Relief
The full 14-page complaint can be downloaded in PDF format below:
As reported on March 7 (see Auction Network Pulls The Plug…), the online bidding service provider announced on their website that they were withdrawing as a partner in the auction “unless or until the controversy is resolved”.
As an update, in reviewing the Julien’s Auction website today, it appears that Auction Network references have since been completely removed from the promotion of the event. In place of the familiar green logo is an advertisement for the Beverly Hilton:
FoxNews.com published a report Monday with more details about the ongoing dispute:
Neverland Sale in Negotiations
Monday, March 16, 2009
By Roger FriedmanSo even though Michael Jackson may be flush with cash again from concert ticket sales in London, his Neverland Ranch is about to be sold.
You’ll recall that last fall Jackson and Colony Capital became partners in the ranch, on which Colony held a $23.5 million note. They changed the name of the ranch to Sycamore Valley, Jackson got several million dollars in refinancing, the Colony added its name to the lease.
Now I’m told by sources close to the action that a buyer has come along who will end Jackson’s 21 year ownership of the fabled property. The source says it’s a rich deal, one that will pay back Colony in full and still send several million dollars Jackson’s way.
The only hitch in the deal: the new buyer, unaware that Jackson’s aide Tohme Tohme had arranged for this April’s memorabilia auction, wanted the house to full of its original tchotckes. When everyone involved realized what Tohme had done, panic set in.
Now I’m told that all parties are getting ready to meet and discuss the future of the auction. As of now, however, the auction is set for April 21-25. Catalogs have been printed. And next week in New York, no matter what happens, Julien’s Auction house is set to exhibit the best of the auction pieces in New York.
The total amount that could be realized from the auction is estimated somewhere between $10 million and $20 million. Jackson has already publicly promised a portion of the proceeds to the charity MusiCares, which is part of the National Academy for the Recording Arts, or NARAS, the organization that runs the Grammy Awards. MusiCares helps indigent musicians.
Meanwhile, April 3rd has been set for a court date at which both sides will argue their positions about the auction. But if the proposed Neverland buyers haven’t convinced Julien’s either to sell them the contents of the ranch, or made a settlement with the auction house and returned Jackson’s items to him, it’s likely a judge will rule the auction can go forward.
Julien’s has a signed agreement with Jackson’s MJJ Productions and Tohme Tohme, the singer’s manager dated August 7, 2008 – eight months before Jackson agreed to put tickets on sale for concerts and when he was desperately cash poor. (Tohme wrote “Dr.” next to his name although he conceded to this column last week that he is not a licensed physician.)
Right at the top, the contract reads: Consigned property: All movable and removable personal property located at Neverland Ranch that we take possession of, and any other property that you might choose to deliver to us.”
Paragraph 10 of the agreement entitled “Withdrawl” [sic] states “You may not withdraw your Property from sale after the date upon which you sign this Agreement or Consignment Receipt, whichever is earlier.”
Julien’s lawyers are expecting to depose Tohme and a business partner, James R. Weller, some time this week after finally serving them last Friday at their favorite watering hole, the bar at the exclusive Hotel Bel Air. An insider said: “You know the movie Pineapple Express? It was just like that.”
Ouch!
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Jason De Bord