Attempt to move Brit case denied
2008-02-21 12:35
Los Angeles - A federal judge has
denied an attempt to move the conservatorship case over the
affairs of troubled pop star Britney Spears to US
jurisdiction from a California court, documents showed on
Wednesday.
US District Judge Philip Gutierrez ruled the claims "may
not arise under federal law" and indicated that not all
necessary supporting documents were submitted, according to
court papers.
Gutierrez did give attorney Jon Eardley, who sought to move
the case in Spears's name, until February 29 to demonstrate why it should not remain in state court.
Spears, 26, has been hospitalised twice since early January
for psychiatric evaluation and earlier this month, a Los
Angeles court gave temporary control - also known as
conservatorship - over her business and personal affairs to
her father, Jamie Spears, along with attorney Andrew Wallet.
Jamie could lose conservatorship
If the case were moved, Jamie Spears could lose temporary
conservatorship, which now extends until March 10.
Last week, Eardley filed papers seeking to move the case to
federal court on the singer's behalf, but it remains unclear
exactly who hired Eardley.
The lawyer's spokesperson, Michael Sands, also represents Sam
Lutfi who was Spears's manager until the conservatorship was
granted, and Sands has said he was "not at liberty to discuss"
who hired Eardley.
A temporary restraining order has been issued against Lutfi
to keep him away from the singer.
In separate court documents, lawyers for Jamie Spears
called Eardley's filings "a brazen - but vain - attempt to
strip a probate court" from extending the conservatorship.
'No standing in court'
They argued, among other things, that Eardley had no
standing in court to seek removal of the case on his own, and
Britney Spears could not have hired him because she has no
legal authority to do so. That authority belongs to Jamie
Spears as conservator.
Eardley, in his original filing, claimed the case should be
moved because conservatorship was granted due to drugs Spears
is supposed to take and added her father's actions "interfere
with the effectiveness of the scheduled medications".
Sands said Eardley "commends Judge Gutierrez" for allowing
him to submit new documents to support the case and that by
Thursday, those papers could be in the court's hands.
"I believe I have the most electrifying documents for Judge
Gutierrez's review so that he may make a good decision in favour
of Britney Spears and dissolve the conservatorship
immediately," Sands said on Eardley's behalf.