Eliza Presley case is delayed

Eliza Presley case is delayed

Eliza Presley's lawsuit to prove that she is the daughter of the late Vernon Presley, father of Elvis Presley, based on DNA evidence (which also would show that Elvis is alive) was supposed to take a big step forward a couple days ago. Here's my prior article about the case that explains it.

There has been a delay.

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The same lawyer who tried to oppose Eliza's initial lawsuit (which successfully caused the Estate of Vernon Presley to be re-opened) is now attempting to intervene in this lawsuit. He filed a motion asking the judge to dismiss Eliza's lawsuit on legal grounds, such as the "statute of limitations" (meaning that too many years have passed, he argued, since Vernon died) as well as that Eliza was adopted by another family (he argued the adoption means she can't become a legal heir of Vernon).

He does not provide any evidence to dispute the facts behind Eliza's claims. He doesn’t even try to contradict the DNA evidence she’s presented to the court.

The attorney raised these same legal arguments during Eliza's first case, and they didn't work then. Eliza's attorney will be filing her response soon, challenging these legal grounds and asking for the lawsuit to continue.

But, in the meantime, this new filing has delayed the case and prevented Eliza from obtaining a default judgment ... at least for now.

After Eliza's response is filed with the court, I'll have a more detailed analysis.

But here's a preview: this lawyer filed his response on behalf of "the named defendant."

Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.

In this filing, however, throughout the 20-pages submitted, Lisa Marie-Presley Lockwood is never mentioned, even once, by this lawyer. He never even refers to her by name.

It's odd. And it may lead to a very interesting twist to this case. Stay tuned.

Source: <!-- m -->http://www.probatelawyerblog.com/2010/0 ... layed.html<!-- m -->
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Comments

  • Nice objection............. <!-- s:roll: -->:roll:<!-- s:roll: -->
  • becbec Posts: 6,387
    That is odd, the lawyer blocking Eliza is working for a "named defendant"?

    Who would that be?

    It would be for the Vernon Presley estate, right? Not the Elvis estate. Why won't they name the defendant?
  • SouzaSouza Posts: 9,400

    Maybe I'm totally off, but it seems logical that it's LMP, since she is the only named defendant...

    "For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."

  • SarahliSarahli Posts: 4,265
    He does not provide any evidence to dispute the facts behind Eliza's claims. He doesn’t even try to contradict the DNA evidence she’s presented to the court.

    Very, very interesting. This is just a question of time apparently...
    Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.

    We all thought that it was LMP...And if it's not her, so who is it? <!-- s:? -->:?<!-- s:? -->
    It's odd. And it may lead to a very interesting twist to this case. Stay tuned.

    Yes this is really odd. We keep watchin'.
  • SouzaSouza Posts: 9,400
    Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.

    We all thought that it was LMP...And if it's not her, so who is it? <!-- s:? -->:?<!-- s:? -->

    The only other surviving heirs can be Elvis or Jessie, and as we all know, Jessie died at birth and Elvis is 'dead'...

    "For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."

  • Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.

    We all thought that it was LMP...And if it's not her, so who is it? <!-- s:? -->:?<!-- s:? -->

    The only other surviving heirs can be Elvis or Jessie, and as we all know, Jessie died at birth and Elvis is 'dead'...

    There are three defendants in this case:


    Lisa Marie is as far as we know (just leaving Elvis/Jessie out for now because he's...ya know...dead) the only surviving heir of Vernon Presley. So then why is there a separate surviving heir of Vernon Presley listed with a separate ID if this is the same person as LMP?

    Even if this surviving heir would be Elvis/Jessie himself we know that he wants Eliza's case to proceed, and he would not object to her petition.


    Edit: Surviving heir: wife, children, adopted children and collateral relatives. Collateral relatives are siblings, aunts, uncles, nieces, and nephews. So that solves "THE SURVIVING HEIR OF VERNON E PRESLEY, ID @63904";.
  • could vernon have named rick and / or david stanley or their mother as heirs to his estate?
  • could vernon have named rick and / or david stanley or their mother as heirs to his estate?

    Vernon didn't name Dee or the Stanley boys in his will. Vernon and Dee separated in 1974 and divorced in 1977. And since after Elvis died the Stanley boys (or at least 2 of them) did little besides try to live off the Presley name, it would have been unlikely for Vernon to even want to leave anything to any of them in his estate.
  • GraceGrace Posts: 2,864
    Some thoughts on unknown heirs:
    if the named defendant is not LMP (she might not be the "correct daughter" anyway) there is still the "real" LMP.

    Monozygotic twins do possess same DNA.
    Who has had an identical twin that was said to have died stillborn?
    Marlon as well as Elvis.
    Do we rely on the "died" information? Yes.
    Must the "died" information be true? No.
  • ER911ER911 Posts: 248
    Interesting that they would state it's been too many years. Usually the date of discovery begins on the date that the plaintiff discovers their complaint. From that point the statute of limitations(usually two years depending)takes place.

    Some exceptions for instance would be a verbal contract minus any paper trail binding two or more parties. In many of those cases a plaintiff can easily have up to 7 yrs to pursue a defendant.
  • bonitabonita Posts: 172
    HAHA
    [youtube:ocos6m8x]
  • SouzaSouza Posts: 9,400
    HAHA
    [youtube:zjkol9ph]


    Way to go LMP! Great song.

    "For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."

  • that one isn't bad. one thing seems sure is that she not too happy with the media either.
  • SouzaSouza Posts: 9,400
    that one isn't bad. one thing seems sure is that she not too happy with the media either.

    The interesting part is that she is talking about the mainstream media and their lies, not the tabloids. I even see Princess Diana's 'accident' and funeral on the screens.


    "Dirty Laundry"

    I make my living off the Evening News
    Just give me something-something I can use
    People love it when you lose,
    They love dirty laundry

    Well, I coulda been an actor, but I wound up here
    I just have to look good, I don't have to be clear
    Come and whisper in my ear
    Give us dirty laundry

    Kick 'em when they're up
    Kick 'em when they're down
    Kick 'em when they're up
    Kick 'em when they're down
    Kick 'em when they're up
    Kick 'em when they're down
    Kick 'em when they're up
    Kick 'em all around

    We got the bubble-headed-bleach-blonde who
    comes on at five
    She can tell you 'bout the plane crash with a gleam
    in her eye
    It's interesting when people die-
    Give us dirty laundry

    Can we film the operation?
    Is the head dead yet?
    You know, the boys in the newsroom got a running bet
    Get the widow on the set!
    We need dirty laundry

    Kick 'em when they're up
    Kick 'em when they're down
    Kick 'em when they're up
    Kick 'em when they're down

    Kick 'em when they're up
    Kick 'em when they're down
    Kick 'em when they're stiff
    Kick 'em all around

    Dirty little secrets
    Dirty little lies
    We got our dirty little fingers in everybody's pie
    We love to cut you down to size
    We love dirty laundry

    We can do "The Innuendo"
    We can dance and sing
    When it's said and done we haven't told you a thing
    We all know that Crap is King
    Give us dirty laundry!

    "For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."

  • Just in case you guys didn't know, Don Henley from The Eagles wrote Dirty Laundry and sang it back in 1982. It was released on his first solo album. Although I can definitely see how/why Lisa would identify with it.
  • SarahliSarahli Posts: 4,265
    Some thoughts on unknown heirs:
    if the named defendant is not LMP (she might not be the "correct daughter" anyway) there is still the "real" LMP.

    Monozygotic twins do possess same DNA.
    Who has had an identical twin that was said to have died stillborn?
    Marlon as well as Elvis.
    Do we rely on the "died" information? Yes.
    Must the "died" information be true? No.

    I don't know if I understand you well Grace and correct me if I'm wrong but are you suggesting that LMP could be a "fake"? Meaning that the LMP we know could not be the real deal...because I have in mind Lisa Johansen's story <!-- s:? -->:?<!-- s:? --> ...and that would explain why LMP doesn't want to give her DNA...I know it sounds so crazy. <!-- s:lol: -->:lol:<!-- s:lol: -->
  • GraceGrace Posts: 2,864
    Sarahli, we discussed it here, remember?
    Little LMP's face profile does not seem to fit grown-up LMP's face profile.
    This and the difference of the widow's peak is still simmering with me.
    This is not resolved yet like many more questions about LMP (and LMP and MJ).
    http://michaeljacksonhoaxforum.com/phpbb2/viewtopic.php?f=17&t=9636
  • loyalfanloyalfan Posts: 1,641
    omg...can u imagine if it is proved that lmp(the one we all know) is in fact a fake................although.............how and when would she have been able to just "be" lisa marie.............her mother knows who her child is...??? i am confused here................someone explain please....xx
  • SarahliSarahli Posts: 4,265
    Sarahli, we discussed it here, remember?
    Little LMP's face profile does not seem to fit grown-up LMP's face profile.
    This and the difference of the widow's peak is still simmering with me.
    This is not resolved yet like many more questions about LMP (and LMP and MJ).
    http://michaeljacksonhoaxforum.com/phpbb2/viewtopic.php?f=17&t=9636

    Yes I do, just wanted to know if it was actually what you were talking about because I also think that this is something that we must still consider.
  • chappiechappie Posts: 529
    [youtube:1v1wxpu0]
    What if the delay is to buy time, for some reason?
    Chappie
  • PinkTopazPinkTopaz Posts: 1,013
    You know, I've been wondering about something.. I understand how MJ's hoax is patterned after Elvis, but.. TS, I know that you said we shouldn't expect anything major until it (or the "Murray" one) progresses. But we all know that MJ willhave the world's attention upon his return, even if it happened day after tomorrow. The goal is so that far more people will investigate and become hoaxers and therefore be ready to help MJ be safe when he BAMs, right? I would just like to know, though, is it necessary for this case to finish before MJ comes back? I swear I'm not being impatient (I've been and still am too busy for that, it's all I can do to get on and post these days..) or criticizing TS, but I also think it would have been handy to have known about the importance of the Elvis connection sooner as it's so important.

  • Update:

    Eliza's attorney has filed a motion.

    eliza_10-08.jpg
  • paula-cpaula-c Posts: 7,221
    Motion or proposal is made in order to establish a request before the emergence of new items and tests <!-- s:?: -->:?:<!-- s:?: --> <!-- s:geek: -->:geek:<!-- s:geek: -->

  • Update:

    Eliza's attorney has filed a motion.

    eliza_10-08.jpg

    What Is a Motion To Stay?
    In law, a motion to stay is a request to temporarily stop a case or halt proceedings. Motions to stay can be used in many different legal situations, from criminal trials to house foreclosures. Stays are typically granted or refused by the judge in charge of a legal case, or the governing legislative body. Although most motions to stay are requested by an attorney, a judge can choose to stay a case without a request in some circumstances.

    There are many different ways a motion of stay can be used in court proceedings. Sometimes, if an action outside the case may affect the participants, a judge may order a stay until the outside situation resolves. For instance, a judge could grant a motion to stay a case until the results of DNA testing are completed or reviewed by an expert. Stays can also be granted if a case is being tried on two levels, such as in both state and federal court. In this instance, a judge may stay a trial to wait for the other trial's conclusion.
    http://www.wisegeek.com/what-is-a-motion-to-stay.htm

    Discovery (law)
    In American law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas.
    http://en.wikipedia.org/wiki/Discovery_%28law%29
    Motion or proposal is made in order to establish a request before the emergence of new items and tests <!-- s:?: -->:?:<!-- s:?: --> <!-- s:geek: -->:geek:<!-- s:geek: -->

    Eliza's attorney is asking that court to halt making a decision on the previously filed request (motion) for a summary judgment that was submitted by LMP's lawyer. Eliza's lawyer is asking for time to collect evidence (discovery) in regards to the request for a summary judgment.
  • angelangel Posts: 349
    According to Linda Hood Sigmon's post today, it looks like it is going to trial. There is a scheduling conference set for November 30.
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