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A lawyer claiming to be representing Britney Spears filed a motion seeking to have her conservatoriship case moved from the Los Angeles County Superior Court to federal court.
Sources at the L.A. County Superior Court reportedly said that “It's possible jurisdiction has shifted to the U.S. Federal District Court,” TMZ.com reported.
According to the legal document filed Thursday in US District Court in Los Angeles, attorney Jon Eardley claims that the 26-year-old pop star has not “received the benefit of a single hearing before the court,” and “is being confined by the conservator to the private prison of her own home,” which is a violation of her civil rights.
While federal court may be holding the authority over the case, all previous orders and Britney’s father’s conservatorship over his daughter’s affairs are still in effect and no further orders can be made or modified unless the case shifts back to the state.
Most recent reports identified Britney’s manager, Sam Lutfi, who is yet to be served with the restraining order Britney’s parents obtained against him, as the man behind the whole court-switching action.
“Sam is at war with Jamie. This is his first strike,” an insider was quoted by E!Online as saying Friday, explaining that Lutfi feels Britney's rights were violated.
Lutfi’s publicist, Michael Sands, who filed the petition in the name of Jon Eardley, listed as Britney’s counsel, claims the case has been transferred.
“Ms. Spears has been denied the right to associate freely with friends. She has been denied the right to make or receive telephone calls. She has been denied the right to operate a motor vehicle…She has been denied the right to receive and send mail,” the petition states.
“Additionally she has been denied the right to her finances. She is not allowed to access her money or credit cards.”
“Britney has expressed that she doesn't want to be under the lock and control of her family,” Sands said Friday. "She wants nothing to do with her father.”
But legal experts are skeptical that Eardley's bid will be successful.
“Anyone who's under a conservatorship can argue that they've lost their civil rights,” said Peter Tiersma, a law professor who teaches trusts and wills at Loyola Law School. “That's what a conservatorship does, it takes away some of your rights.”
During the latest hearing in Britney’s conservatorship case, a Los Angeles judge refrained from making any changes to the previous rulings which named Jamie Spears as the singer’s conservator, effectively leaving him in charge at least until the next hearing scheduled for March 10.
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