Today’s hearing for Howard K. Stern and the doctors has been postponed. The clerk of the LA Superior Court said that Howard K. Stern and Khristine Eroshevich had “demurrer hearings” yesterday. For those of you who don’t know what a demurrer hearing is, it’s a written response to a complaint filed in a lawsuit which essentially pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge will then be held to determine the validity of the demurrer. No news on the outcome of this yet besides the hearing being postponed until October 5. Apparently, Sandeep Kapoor’s hearing was postponed until September 23rd. I don’t know if he’s trying to separate himself from Stern and Eroshevich, but I’ll continue to follow this and will let you all know what I find out.
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Postponing sounds like a stall tactic, if one waits long enough, witnesses die, papers are lost, prosecutors change jobs, etc.
In a demurrer, the legal cause of action contains certain elements which must be checked off for a valid case, so a good tactic is to make the other side prove in court that all the elements might be able to be proven which sort of shows their hand to the other side. A demurrer also stalls the case.
***Sometimes money can buy enough legal maneuverings to kill a lawsuit.
October??? That’s nuts- my guess is that this never makes it to trial. I don’t pretend to know the merits of the demurrer motion, but with all of the attention surounding the Michael Jackson drug investigation, these two will plead out. No way I would risk it in front of a jury.
Anyone have any thoughts on what a plea would do to HKS’s ability to pursue the Marshall family money in that neverending case? I would think that a plea would lead to his being disbarred, but that’s just a guess!
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Postponing sounds like a stall tactic, if one waits long enough, witnesses die, papers are lost, prosecutors change jobs, etc.
In a demurrer, the legal cause of action contains certain elements which must be checked off for a valid case, so a good tactic is to make the other side prove in court that all the elements might be able to be proven which sort of shows their hand to the other side. A demurrer also stalls the case.
***Sometimes money can buy enough legal maneuverings to kill a lawsuit.
October??? That’s nuts- my guess is that this never makes it to trial. I don’t pretend to know the merits of the demurrer motion, but with all of the attention surounding the Michael Jackson drug investigation, these two will plead out. No way I would risk it in front of a jury.
Anyone have any thoughts on what a plea would do to HKS’s ability to pursue the Marshall family money in that neverending case? I would think that a plea would lead to his being disbarred, but that’s just a guess!
It does seem like HKS has a special talent for postponing justice.