2020 - 11 - 06 Ingham
2020 - 11 - 06 Ingham
2020 - 11 - 06 Ingham
10
16 Assigned To:
Judge BRENDA J. PENNY
17 Department: 4
Hearing Date: 11110120
18 Time: 1:30 p.m.
Calendar#: 5001
19 Conservatee.
20
26 Ill
27
1
28 For convenience, this pleading will refer to members of the
SPEARS family by their first names. No disrespect is intended.
1
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1. FIRST ISSUE: PAYMENT OF EXCESSIVE FEES TO TRI STAR
2 a. Facts
4 BRITNEY's business manager more than ten years ago. In that role,
7 of dollars in commissions for TRI STAR over the years that BRITNEY
8 toured and performed actively. But all that changed when she
12 Jamie -
13 We just ran time and billing for Britney and all of the
entities. We have a (400k) loss on time and billing this
14 year - we have been paid &179k.
21 Is this approved?
26
27 2
See email chain ending July 21, 2020 from JAMES' attorney to
28 Objector's attorney attached as Exhibit "A" and incorporated by
this reference.
2
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
amount for services rendered" and concluded that the "amount owed"
2 was $308,974.51. Less than two hours later, JAMES replied "ap-
7 from JAMES' counsel regarding the fees paid to TRI STAR and others
10 but it took counsel for JAMES nearly seven months from that first
12 that "the agreement [with TRI STAR] was recently modified pursuant
16
17 b. Objections
27
3
28 Email from SAMUEL D. INGHAM III dated December 23, 2019
attached as Exhibit "B" and incorporated by t his reference.
3
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1 These radical new arrangements were made b y
6 the new fee arrangements were not disclosed to the Court other than
11 ing.
12
14 LEGAL FEES
15 a. Facts
18 and costs. All of these fees and costs are identified on The
27
4
28 SPEARS v. LUTFI, LASC #19 STRO 03041 and a confidential JAMS
proceeding.
4
ll 1323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
August 9, 2019 referenced to "Sam Lutfi v. Andrew Wallet, as Co-
6 b. Objections
10 tee's funds to Ms. TAYLOR. Having the same law firm r epresent both
15 law firms. Given the gravi t y of the financial and ethical issues
17 during the account period (other than those of FREEMAN, FREEMAN &
22
24 a. Facts
27 related income until the very end of 2019. However, the Accounting
5
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1 before the alleged modification of TRI STAR's agreement under the
4 b. Objection
11 a. Facts
17
20
21 b. Objection
27
28 5
Page 5, lines 12-16 (unredacted and redacted versions)
6
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1 5. FIFTH ISSUE: "INVESTMENT VALUATION DIFFERENCES"
2 a. Facts
13 b. Objection
16 report their gains on sales and must calculate the amount of the
17 gain. Prob C §1016(a) (5). The Probate Code says nothing more than
19 §1061(c)), when one considers the rules for reporting receipts and
25
6
Schedule D at page 098. Counsel for JAMES has agreed that
26 the amount should not be redacted.
27 7
"FIRST SUPPLEMENT" page 4,lines 5 through 10.
28 8
§7.5 at pages 231 and 232 (emphasis added)
7
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1 all. Counsel for Objector has requested a further explanation from
23
24 urt-App For
BRITNEY JEAN SPE
25 Conservatee
26
27
9
28 See email dated October 27, 2020 attached as Exhibit "D" and
incorporated by this reference
8
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
1 VERIFICATION
3 STATE OF CALIFORNIA
4 COUNTY OF VENTURA
5
6 I have read the foregoing CONSERVATEE'S OBJECTIONS TO:
8 PETITION FOR ITS SETTLEMENT AND FOR APPROVAL THEREOF and know its
12 be true.
14 State of California that the foregoing is true and correct and that
16 Ojai, California.
17
18
19
20
21
22
23
24
25
26
27
28
9
111323 v2 OBJECTIONS TO 12 ACCOUNT CURRENT
EXHIBIT A
Samuel Ingham
Amicusld: 223242
AmicusStatus: Saved
AmicusFileName: Spears Conservatorship
AmicusFilelds: 122
AmicusDealtWith: Yes
Sam,
I am responding to your request for a copy of the Conservators' agreement w ith Tri-Star. I apologize for not getting thi s
to you soo ner. The Tri-Star engagement letter was originally entered by Andrew and Jamie as Co-Conservators . We do
not have access at this time to the early conservatorship files, which were not saved electronically. I believe that the
original contract with Tri Star was part of the first tour agreement - you probably have a copy of it in your files. If you
do, please forward it to us. In the meantime, we will have someone at our office, which is partially open now, look
thro ugh our arch ive files, provid ed that Garcetti does not re instate the stay at home orders .
In any event, the agreement was recently modified pursuant to the correspondence below.
Best,
Jerylll
Tel:
~-his er:-:aH ar:ri an') fiiss ~r2nsrrdte(· \Mifr; it ,?.r-.~.: tt,-.:;,
f;'CJffi d!s 1~\o:'.::-1L?. u:ider !.L0 2a,:,r-; .';y-::)ie;·1t
Approved
1
On Dec 20, 2019, at 11:29 AM, Robin Greenhill wrote:
Robin Greenhill
Yes I know Robin and I were supposed to go through it with you - know it's bad timing. We just want to
create a floor since we can't afford to lose 400k. We are looking to true up 2019
Meaning the floor is we won't make less than the 500k a year and if commission is at least that we will
true it up.
Coram Dea,
Lou Taylor
Sorry my head trying to get all this going on straight will get back to you
Jamie -
We just ran time and billing for Britney and all of the entities. We have
a (400k) loss on time and billing this year - we have been paid &179k.
Meaning we would not get paid less than the $500k this year & 2020 so
we would get a retainer payment each month and each quarter settle it
up against the commission. Unlike the other professionals management
and legal we are still having to do work even though Bis not including
the court accounting.
2
Is this approved?
Coram Dea,
Lou Taylor
LOS ANGELES
9255 Sunset Blvd.
PEOPLE • THE RIGHT
2nd Floor
W. Hollywood, CA 90069
instagram/twitter: @tristarteam
3
EXHIBIT B
EXHIBITB
Samuel Ingham
Amicusld: 216396
AmicusStatus: Saved
AmicusFileName: Spears Conservatorship
AmicusFilelds: 122
AmicusDealtWith: Yes
8a1.rx1
Law Offices of Samuel D. Ingham III
444 South Flower Street
Suite 4260
Los Angeles, California 90071-2966
1
EXHIBIT C
SIDLEY AUSTIN LLP
555 WEST FIFTH STREET
GH [email protected]
AMERICA • ASIA PACIFIC • EUROPE +1 213 896 6033
June 3, 2019
This Firm represents Lou Taylor, President of Tri Star Sports and Entertainment Group
Los Angeles ("Ms. Taylor"). This letter demands that you immediately and permanently take
down the website located at the URL hl.\p:/h:i.n,ys.7., ·_jotrn.1tavL.:ir.c(nn (the "Website"), and
relinquish all rights in and to that URL to Ms. Taylor.
Your operation of the Website is highly defamatory, disparaging, harassing, libelous, and
makes false claims regarding Ms. Taylor, and illegally misappropriates her name and likeness
without her consent. Your conduct has caused, and is continuing to cause, irreparable injury to
Ms. Taylor, her family, and her clients, in addition to substantial money damages.
Title 15, section 8131 of the United States Code makes it unlawful to register a domain
name that consists of, or is similar to, the name of another living person without their consent.
You are in blatant violation of that statute and should Ms. Taylor be forced to take action to
enforce her rights under that statute, she will be entitled to recover her attorneys' fees and costs
from you, in addition to any damages or equitable relief. Additionally, 15 U.S.C. § 1125(d) (the
Anti-Cybersquatting Consumer Protection Act, or the ACPA), protects against the registration,
use or trafficking in, or uses any domain name with a bad faith intent to profit from a trademark
( or service mark) that is protected under federal law. This includes public figures such as Ms.
Taylor.
Ms. Taylor therefore demands that you immediately take down the Website and refrain
from any further defamatory, disparaging, or harassing activity toward Mrs. Taylor. In addition,
you must transfer domain ownership to Ms. Taylor. Finally, Ms. Taylor demands that you
refrain from registering any future domains that could mislead a reader into thinking the domain
is affiliated with or run by, or with the consent of, Ms. Taylor, or otherwise misuses her name or
likeness.
Sidley Austin (CA} LLP is a Delaware limited liability partnership doing business as Sidley Austin LLP and practicing in affiliation with other Sidley Austin partnerships.
SIDLEY
Bryan Scott Kuchar
June 3, 2019
Page2
Absent your written acknowledgment of this letter (by signing as indicated below) and
your unequivocal agreement to agree to the specific demands contained herein by no later than
5:00 p.m. Pacific Standard Time on Tuesday, June 4, 2019, we will immediately pursue all
available legal and equitable remedies.
Please take notice that litigation is imminent and that you therefore have a duty to
preserve, and not to delete, discard or otherwise destroy the originals and all copies of documents
relating to the subjects set forth in this letter, including without limitation all documents relating
in any way to Ms. Taylor. This letter is not intended to be a complete recitation of each of your
actionable violations, or a complete recitation of Ms. Taylor's rights and remedies, all of which
are expressly reserved.
Sincerely,
~-~Gerry B. Hirschfeld
GBH:at
244082936v I
EXHIBIT D
EXHIBITD
,,, [email protected]
RE: C/O Spears, LASC Case No. BP108870
Oct 27, 2020 at 10:59:36 AM
Geraldine A. Wyle David C.
Nelson Esq. [email protected]
'"' ___ Jeryll S. Cohen
Than ks , Geri. Could you send me the deta iled ca l c ulati on f or the 2019
"investment valuation differences" ?
Also just a remi nder a bout the pending "meet and con f er " on the mot i on to sea l .
Bes t regards,
Stun
Law Offices of Samuel D. Ingham III
Counsel,
Please see below and the attached.
Geri
Geraldine A . Wyle Attorney At Law
FREEMAN l"f'JES: iVJ hN SMILEY
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Dear Counsel,
You are being served with the following. The [Redacted] First Supplement was e-filed this afternoon, and the
[Under Seal] First Supplement will be delivered to Department 4 tomorrow.
[Under Seal] First Supplement To Twelfth Account Current; Report Of James P. Spears, Conservator
Of The Estate ; Petition For Its Settlement And For Approval Thereof (attached) .
[Redacted] First Supplement To Twelfth Account Current; Report Of James P. Spears, Conservator Of
The Estate; Petition For Its Settlement And For Approval Thereof (attached).
Thank you.
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