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.
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 -->
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.
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 -->
Comments
Who would that be?
It would be for the Vernon Presley estate, right? Not the Elvis estate. Why won't they name the defendant?
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."
Very, very interesting. This is just a question of time apparently...
We all thought that it was LMP...And if it's not her, so who is it? <!-- s:? -->:?<!-- s:? -->
Yes this is really odd. We keep watchin'.
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."
There are three defendants in this case:
[li]PRESLEY LOCKWOOD, LISA MARIE, ID @63903[/li] [li]THE SURVIVING HEIR OF VERNON E PRESLEY, ID @63904[/li] [li]UNKNOWN HEIRS OF VERNON E PRESLEY, ID @63906[/li]
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".
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.
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.
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.
[youtube:ocos6m8x]
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."
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."
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 --><!-- s -->
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.
What if the delay is to buy time, for some reason?
Chappie
Update:
Eliza's attorney has filed a motion.
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
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.