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A judge finally ruled that federal court has no business with Britney Spears' conservatorship case, and sent it back to state court, rejecting claims that the singer's civil rights have been violated by her father's temporary control over her affairs.
Jon Eardley, who claims he is the only lawyer representing the troubled pop star, filed a motion seeking to have Britney's conservatorship case moved from state court, and convinced a judge to let him prove why the case belonged in federal court.
However, Jamie Spears' legal team challenged his motion arguing that Britney was already under her father's conservatorship at the time Eeardley said he was hired by the singer (February 12), and Federal District Judge Philip Gutierrez agreed with them.
"Mr. Eardley fails to explain why he can bring this claim for her in the first instance. He cannot," Gutierrez wrote in a three-page ruling. "Mr. Eardley had no authority to remove the case from state court. He is neither a party nor a defendant. While he claims to be Ms. Spears's attorney, the probate court...found that she was incapable of retaining her own counsel."
The judge also denied a request by Jamie Spears, and his lawyer, Jeffrey Wexler, to recover their legal costs to defend against Eardley's attempt.
According to Wexler, his client had already incurred more than $42,898 in legal fees to fight the effort launched by Eardley. Wexler said Tuesday that it would be "highly inappropriate" to comment further on the case.
Eardley, who insists the state court violated Britney's civil rights by appointing conservators while she wasn't present, vowed to continue his fight despite the ruling.
"We have only just begun the fight," Eardley said in a statement. "There is nothing that will stop me from dismantling, if necessary, this oppressive and unjust conservatorship."
Following Eardley’s filings to have the case moved to federal court, Britney’s father made his own filing, calling Eardley’s efforts "a brazen – but vain – attempt to strip a probate court of jurisdiction… by an attorney without a client."
Although Britney's life has been out of control following her 2006 breakup from her ex-husband, Kevin Federline, with whom she's currently embroiled in a fight for the custody of their two kids, since her father was named conservator of her estate, the singer's life took a more positive turn. Britney, who lost her visitation rights with the children in early January, has already seen them twice in recent days. Moreover, the changes in Britney's life begin to reflect on her appearance as well. Each time she was spotted shopping and eating out with her father, she looked a lot better, calmer and healthier.
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