A judge has denied a request by an 84-year-old woman who is suing Jermaine Jackson for sexual assault to order the singer to formally respond to her lawsuit.
On Friday, Van Nuys Superior Court Judge Elaine W. Mandel said she had no authority to direct Jackson to file a responsive pleading to Rita Butler Barrett’s lawsuit because the singer has an issue pending before the Second District Court of Appeal.
“As the writ process is ongoing in the appellate court, this court has no authority to order Jackson to file a responsive pleading,” the judge said.
Mandel told the lawyers to contact the court within 2 court days of any appellate court rulings in order to re-set the motion for hearing, or Jacksun may elect to file a responsive pleading within five court days of an appellate court ruling.
Mandel set aside a $6.5 million default judgment against Jackson, which she previously awarded on behalf of Barrett, who alleges the singer sexually assaulted the plaintiff at her home in 1988.
Jackson legally changed his name in February 2013 to Jermaine LaJuane Jacksun. Mandel said it was “fatal” to the default to not use the “Jacksun” name in publishing notice of the case while also noting that he had been living overseas. However, the judge denied Jackson’s motion to quash service, stating the singer had made an appearance and therefore submitted to the court proceedings by filing the motion challenging the default judgment. Jackson is asking for appellate relief from that part of the ruling.
According to Barrett’s attorneys’ court papers, the 71-year-old Jackson’s subsequent seeking of relief and request for a stay in the appellate court over the denial of the motion to quash did not put a hold on the case and the June 30 order to file a response to the plaintiff’s case was still in effect.
“A request for a stay does not itself suspend enforcement of a trial court order,” Barrett’s attorneys stated in their court papers. “Defendant therefore remains obligated to comply with this court’s order.”
Until a stay is issued, Mandel’s orders remain “effective and enforceable,” the Barrett attorneys’ papers stated while also noting the case, filed in December 2023, is almost three years old and is a case “ripe” for trial given that the plaintiff is 84 years old.
“Three years have already elapsed and allowing defendant to continue to warrantlessly delay proceedings would be extremely prejudicial to Ms. Butler Barrett’s case,” Barrett’s attorneys further state in their pleadings.
In her lawsuit, Barrett said she met Jackson when she worked as a musician’s contractor and as a member of the Musician’s Union. Jackson allegedly went to Barrett’s home in the spring of 1988 without notice, entered and sexually assaulted her with “force and violence,” the suit filed in December 2023 stated.
A case management conference is scheduled Dec. 17.