Major Court Update June 18, 2009Today, several key motions were filed by Michael's defense to both respond to and oppose Raymone's claims. A summary of the
VERY REVEALING claims as made by Michael's attorneys is included below:
- On
December 27, 2007 both Michael Jackson and Raymone Bain entered into a "
Payment and Release Agreement" whereby Raymone acknowledged that she was "
not owed any additional monies under any other agreement from the beginning of time until December 27, 2007." As such, Michael's team claims that "
any monies allegedly owed under the May 30, 2006 agreement between the parties were extinguished under the Payment and Release."
- The defense notes that this Payment and Release form is, not surprisingly, "
completely and conspicuously absent from any of Plaintiffs’ pleadings and filings with this Court."
- More legal jargon which ultimately reiterates their stance that Raymone's claim is legally "
not only without merit, but is frivolous."
- A deposition from Londell McMillan confirmed that Raymone Bain, as part of the Payment and Release Agreement she signed into in 2007, was paid
$488,820.05 and was fully satisfied, with total acknowledgment that NO OTHER MONEY was owed to her under ANY past agreements. This makes it clear why she avoided mentioning that release agreement in her complaint.
- The actual payment and release agreement states, in part:
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Mr. Jackson shall render a payment made payable to you [Plaintiffs] in the amount of four hundred and eighty-eight thousand, eight hundred and twenty dollars and five cents ($488,820.05)
as full and final satisfaction of any and all monies, known or unknown, to be owed to you by the Jackson Parties with respect to any and all agreements whether verbal or written that you may have entered into with the Jackson Parties from the beginning of time until December 27, 2007 (the "Payment").Except as otherwise set forth herein, in consideration of the Payment and other consideration provided herein, you [Plaintiffs] on behalf of yourself, your respective predecessors in interests, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable, do hereby absolutely, fully and forever release, relieve, waive, relinquish and discharge the Jackson Parties and each of their respective predecessors in interest, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable of and
from any and all manner of action or actions, suits debts, liabilities, demands, claims, obligations, costs, expenses, sums of money, controversies, damages, accounts, reckonings, and liens of every kind or nature whatsoever, whether known or unknown, suspected or unsuspected which you shall or may have, own or hold, or which they at any time heretofore had owned or held against the Jackson Parties by reason of, arising out of or in connection with any matter whatsoever....
This agreement contains the entire understanding between and among the parties hereto and supersedes any and all prior understandings, agreements, representations, covenants, warranties, and releases, express or implied, written or oral, between any of the parties...============================================================
The defense argument goes on to describe how the court will have to uphold the agreement put in place by Raymone and Michael Jackson in 2007, and how her claims exist based on "
hearsay lacking any evidentiary support." Also, information and past court cases are cited as to why she cannot freeze any of Michael Jackson's assets or accounts without first obtaining a judgment, which again would be very unlikely given the release agreement acknowledging that she was owed nothing more regardless of any past agreements.
In conclusion, with this BINDING AGREEMENT now revealed and on the table, Raymone has "
no viable case against the Jackson Parties and are therefore unlikely to succeed on the merits."
