KENNY ORTEGA (DEFENDANTS REPLY) TO PLANTIFFS OPPOSITION DEMURRER

Kenny Ortega in his fight to be dropped as a defendant in
Katherine Jackson's Wrongful Death lawsuit against AEG.
Filed by the Boesch Law Firm Representing Mr. Ortega.

Kenneth Ortega was wrongfully and mistakenly named as a

defendant in this case. He has been extremely hurt and mistaken

by this misguided complaint. Publicily naming him as a defendant

allegedly responsible for his friend's death.

Some excerpts from the filing:

The only arguable allegation against Mr. Ortega is that

he is "an agent or joint venturer" with AEG. Not only is

this allegation false and known by plantiff's counsel to be

false but also this bare allegation cannot sustain a complaint
against this individual. Kenneth Ortega does not belong

as a defandant in this case. His demurrer should be

sustained without leave.

Plantiff alleges that defendant Ortega was "one of a number
of "joint ventures with one another" and thereby owed Jackson
a duty as a result of the joint venture relationship.
This allegation is without merit, false and known by plantiff's
counsel to be false.

Kenneth Ortega is not a joint venturer with AEG in

any business and there is no alleged joint venture at

all regarding Michael Jackson's health care.

It goes on to say : He is not a joint venturer in any business
with AEG or Dr. Conrad Murray no elements of a joint venture
are pled here.

Defendant Ortega as an alleged agent for AEG the disclosed
alleged principal cannot be liable for a breach of contract cause
of action.

Plantiff complaint alleges that Mr. Ortega is liable for
the actions of Dr. Conrad Murray due solely to the

AEG-MURRAY Agreement .

There is no Ortega-Murray Agreement .
There is in fact no Murray-Ortega Agreement.

Indeed, the extent of the allegations is that "AEG falsely

represented to Michael Jackson that they were looking out

for his best interest and well being and that they would provide

a Dr. and equipment to Jackson to keep him healthy."

There is no specification of the substance of the statements nor

any allegations that defendant Ortega himself made any such

statement. Plantiff only alleges that AEG directors and

managingagents including Randy Phillips directly communicated

these representations to Michael Jackson.

Plantiff cannot Plead A contract Between Defendant

Ortega and Jackson As stated in Ortega's Demurrer there

are no charging allegations against Ortega.

He is not a party to the AEG-Jackson Agreement .

This fact would be clear had plantiff attached the Agreement

to their complaint or properly alleged to the terms.

Futhermore, there is no allegation anywhere in the complaint
that Defandant Ortega is a party to the AEG-JACKSON AGREEMENT.
Without any allegation of an independant contractual between Ortega
and Jackson, no cause of action can properly be pled against

Defendant Ortega for a breach of contract.

The demurrer to the first cause of action
should be sustained without leave to amend.

FILING CAN BE FOUND HERE:

CASE NUMBER: #445597

http://tinyurl.com/6522gjm

REMEMBER KENNYS TESTIMONY

THE ILLUSION WERE TO BEGIN JUNE 25th 2009.

THIS IS IT.