Larry Birkhead Wins Appeal Including ALL Attorneys Fees, Debra Opri Promises to Destroy Dannielynn’s Dad??
Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Dannielynn, Debra Opri, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Harvey Levin, High Proflie Trials, Howard K Stern, John Patton, Larry Birkhead, Lin Wood, Luke Lantta, Lyndal Harrington, Michael Trope, Nancy Hamilton, Rose Turner, Teresa Stephens, TMZ, TMZ.com
On April 8, the California Second Appellate District, Division two, Affirmed in favor for Larry Birkhead and against Debra Opri. In what must have been a sting to Opri, Birkhead was awarded all attorney fees associated with his need to fight the Appeal filed by Debra Opri almost 18 months ago.
The case will be sent back to the L. A. Superior Court to proceed through discovery and to trial.
One has to wonder if Birkhead will end up with the largest chunk of that over $500k being held in a trust account pending this decision. Defending appeals cannot be cheap, I would think.
The spin machine is already beginning to work but only Radar Online would bite for an interview with Opri, where they spun it that Birkhead asked for the arbitration and lost. DUH??? How does one figure that once reading the papers from the Appellate Court? That would explain why no other credible site “bought” Opri’s claim that a lost equaled a win. Such is Hollyweird though and the PR spin machine. In an exclusive interview with RadarOnline.com Opri said: “I have been ready for trial for the past two years. Mr. Birkhead has a lot of dirty laundry that is going to be aired. In the end, he may be sorry what he wished for. Mr. Birkhead shouldn’t go head to head with me, it’s a battle he can’t win.” I predict we will hear more terms of “I’ve been Opried” from future clients. It is sad that Debra Opri is stating public, even if it is only to a celebrity blog that would pick this spin machine up of, “Birkhead has a lot of dirty laundry and that is going to be aired”. Please Ms. Opri think of Dannielynn, perhaps both sides should ask for a Gag Order and just let the legal filings speak for themselves.
I would imagine that Opri will have to pay Larry Birkhead’s legal fees before the case continues forward. One has to wonder if she should have taken the deal Birkhead’s lawyer, Michael Trope at once offered her. Now she stands to lose not only these attorney fees for the Appeal but now must go back to the L. A. Superior Court and face that judge, and begin the discovery process.
Will Opri, keep a long ago promise to “destroy Larry Birkhead with the truth”? Will Debra Opri try to destroy Dannielynn’s father and if so how will she spin that one; “Something like for the common good for Dannielynn”? Yea when you put lipstick on a pig, I would say you have only lipstick on a pig. If Opri decides to take that route I predict it will be bumpy, and she may perhaps be facing more than the Original Complaint by Birkhead of Breach of Fiduciary Duty, Conversion, Fraud, Legal Malpractice, Declaratory Relief, etc.
The California Second Appellate District was unanimous in affirming the lower trial court ruling in favor of Birkhead.
Just when you think just about all of these cases are done, then they just rise up again for another go round. As soon as this is back in the L. A. Superior Court, Civil Division, we of course we be following it through papers and not spin machines, and through solid court dates and rulings.
In other cases, in Texas the hearing for the Recusal of the Honorable Tony Lindsay is set for April 16, at 10 AM before the Honorable Lisa Burkhalter, Former Judge, County of Law. Judge Olen Underwood the Administrative Judge for the Second Judicial Region, Order although stating that the assignment is to begin on April 16, 2009 for the primary purpose of hearing the Motion to Recuse the Honorable Tony Lindsay, Judge Olen Underwood stated that the assignment shall continue as may be necessary for the assigned Judge to dispose of any accumulated business and to complete trail of any case or cases begun during the assignment and to pass on Motions for new trial and ALL other matters growing out of accumulated business or cases heard before the Judge herein assigned, or until terminated by the Presiding Judge.
We also have Art Harris’ attorneys on April 6 asking under a Judicial Record Request for all emails between the Honorable Tony Lindsay and McCabe, Meyer or any other employee about transferring the case from the 190th to the 280th as well as any other emails or other correspondence regarding the case to be provided at the expense of Art Harris’ attorneys and requesting that the documents be ready to be copied, paid for and picked up within 14 days.
Pick up the latest documents, open to ALL not just members of Rose Speaks.com, read through them and then tell us what your take on all of the latest rulings and filings mean.
©Rose Turner
April 10, 2009
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GOOD MORNING EVERYONE——For a Attorney,Debra Opri,sounds like a woman scorned,at least her statements to (Radar Online)are not what I would expect from a Attorney,to make threatening remarks against a former client,Opri will be like Virgie,tarnishing her own reputaion.Everyday I find the good Lord at work.I am sorry for both Howard and Larry,but also very proud of both of them.They both had a change to take the easy road,but people with (INTERGRITY)do the opposite.As for the hearing for recusal of (honorable) Judge Lindsay,I find it a disgrace,she would not step down on her own,and it tells me something(stinks) HOW can this Judge go on, with this case when she is SO MISTRUSTED,this is wrong to think she should continue. I thought there was to be NO APPEARENCE OF WRONG DOING ON THE PART OF A JUDGE.
HAPPY EASTER EVERYONE—–May the Good Lord bless you all and Howard and family and Larry and family,Ken and Rose enjoy a peaceful day,may God watch over you for a long time to come.
Happy Good Friday to everyone.
Beverly, I agree Deb O defiantly sounds like a women scorned but IMO if she tries to pull anything dirty she just may come out as a women burnt.
So, Opri wants to fight dirty by threatening to air Larry’s dirty laundry huh. IMO Larry’s counsel needs to look into the possibility that Opri broke client/attorney confidentiality and gave Rita Cosby information she should have never given. This is an issue concerning whether monies are owed not a free for all on someone’s personal life. I agree a Gag order is needed here.
Yikes. What a bitch! She’s gonna look so evil. She already does.
could it be they will destroy each other and Anna will settle the score with them?
Was she surrounded in pink startdust when she made here declaration?
She comes across as a very angry woman.
I thought I read thru the filings, that the court did not take the word of her paralegal. And her argument over the papers, the court were not sure when they were numbered? A slight of hand?
trnmus…I can only hope.
Happy Easter to all..
Bewildered, OMG I had forgotten about her dream and the stardust, maybe she needs to have a talk with the guys from Ghost Hunters
Good morning all!
Rose, great truthful article! Thank you.
*“I’ve been Opried”” Yes, she may ‘bark’ that she will expose her former client…
I DO NOT THINK SO! LOL >> Attorney – Client Priviledge!!!
*** SHE WILL LOSE HER LEGAL LICENSE ***
How DARE her even threaten such nonsense! Besides, there is nothing that is as worse as ‘some people’ in this saga! IMO [ also related to this little girl ;) ]
Off to work, I can’t wait until I get home to write more!
Oh while I am gone feel free to pull over my post from the other article on these docs,
and I believe that Swims has a good point that might go well w/ their opinion on the content of this article!
Have a great day, be back this afternnoon!
OMG! Pepper’s statement!
Yes, for sure!
JMA, Happy Good Friday to you dear! Hello to Beverly, bewildered, and trnmus.
(Trnmus > I do not think LB will ever be ‘destroyed’) DO is an Officer of the Court, she cannot act like that OR >> LB will have her in a defamation suit like HKS did with O’Q! LB would WIN hands down IMO…
JMA! (#7) LOL :D
A good one, Bewildered! > Happy, happy Easter to you too!
#
Wow! Opri should have took that deal! LB offered her (above ‘fair’ amount for the work that she actually preformed)
Here is the last part: “IV. The remaining arguments are moot.”
“In light of our conclusions above, all remaining arguments raised by Opri are
Moot.” [moot = not actionable, or nothing will be done on those arguments…]
III. Did the trial court properly determine whether there was a novation of
the legal representation agreement or should this issue have been resolved by the arbitrator?
Very ‘iffy’ defense IMO, Opri argues the arbitrator should have decided; not the trial court. She is saying the provision (or clause) in her ‘representation agreement papers’ w/ LB is separate from the agreement itself? It is very hard to follow her line of thinking.
LOL they seem to agree to the ONLY point of it is: “a pure question of law.”
BUT! Then they go on to explain (LOL nicely and in-between the lines) Why her law citations do not apply and why the ones that they quote do… These are a few of the cites: (NOTICE these specific words > Mistake, Fraud, Duress; { forced under mental anxiety { my description of duress.
“PacifiCare of California (2003) 31 Cal.4th 1187, 1198.) Stated differently, “contractual arbitration clauses generally must be enforced where one of the parties seeks rescission of the entire contract on the basis that it allegedly was induced by fraud, mistake, or duress, or where an alleged breach of a warranty or other promise justifies the aggrieved party in putting an end to the contract.” (Ibid.; see also Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 319, 322–323.)”
There was a dispute if the ‘fee agreement’ of Opri replaced the ‘legal representation agreement’ . The agreement that is legally bound is the one that does not have to have arbitration by law.
*This is what Opri wanted as most the time it does end up in a settlement or you have to abide by what the arbitrator concludes. STILL! LB offered a very fair price, AH had an article; I believe it was over $300 thousand. No wonder she has not been seen in the public for awhile, she is probably still kicking herself for not coming to an agreement of her fees. Greedy people usually do lose in the end! JMO on it all.
“NOVATION:
http://legal-dictionary.thefreedictionary.com/Novation
novation n. agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. While voluntary, a novation is often the only way any funds can be paid.”
*Footnotes are interesting, LOL they are not paragraphs long like someone we know… and they do make some sense after they have been read. IMO ;)
D.O will try to destroy L.B just like after he let her go and become a friend with H.S the gay story came out and all the lies .
Beth, per your request I moved you comment here
Good Friday to all and a Happy Easter
And a very special warm and bright Happy Passover.
pixiesmom5o, she may try but I am pretty sure Larry knows how to hit back and is quite familiar with tabloid media and seems to have friends that actually like him.
It gets somewhat confusing now as to who started the “gay” rumor about Larry, was it Virgie, Opri, Rita or Jackie.
Virgie questions about a possible video and makes a vulgar remark how she could care less if Larry did animals.
Opri claims Larry’s roommate was more than a roommate.
Jackie claims to have witnessed the alleged sexual act between Howard & Larry and mentions Anna watching video.
Rita promotes a video and puts the alleged sexual act in black & white.
Oh forgot to add to the list how the former FBI agent and the wannabe PI Mistress were trying to wrangle up potential witness to the alleged sex video tape.
JMA..funny how all of that is included in Rita’s book. Yeah..no connection whatsoever
Citing BS about people rather than addressing the legal issues is what an attorney does when they have no case. This IMO shows that legally Opri is screwed and she will drag out a bunch of trash talk and in the end pay LB. Seems to me that the whole TX cabal think alike.
14
Didn’t that nasty remark show just how classless that woman is! Can you imagine growing up with a woman who make such statements. it made me feel dirty just reading it. I think the woman needs a big case of Orbit gum.
Here are some tidbits I found in reference to Deb, first one is a little disturbing to say the least.
Lawyers in love?
While Larry Birkhead was battling it out for custody of his daughter, was his lawyer putting her hands all over Birkhead’s nemesis?
That’s one of the many shocking charges being leveled against Debra Opri, the lawyer who represented Birkhead in the bitter fight with Howard K. Stern over the daughter of late Playmate Anna Nicole Smith.
When Opri attended Smith’s funeral, reportedly against Birkhead’s wishes, “she was putting her hands all over Howard K. Stern to console him, which appeared inappropriate, especially when she was trash-talking him before and after,” according to an extensive story on the battle between Birkhead and his former lawyer in the new issue of OK! The anonymous source paints Opri as a money-hungry publicity hound who duped Birkhead into thinking she would represent him pro bono, then ran up outrageous fees.
http://www.msnbc.msn.com/id/19033892/
Opri loses the Pamela Bach [Hasselhoff’s ex] case.
http://www.eonline.com/uberblog/b55426_debra_opri_gets_hoffed.html
Maybe David Caruso should have done some lawyer shopping before hiring Opri
http://www.msnbc.msn.com/id/30145441/
“Affirmed in favor of Larry Birkhead”. Great news for Larry. I fee confident that Trope & Trope well know how to overcome an Opi spin.
BTW does she blog over at tmz under that name?
#19. Caruso did not hire Debra Opri. As per your link:
In the suit, Marquez, represented by high-powered attorney Debra Opri, also names 10 additional defendants, named as “Does 1 through 10,” who are allegedly connected to Caruso as targets of the suit.
“Affirmed in favor of Larry Birkhead”. Great news for Larry. I fee confident that Trope & Trope well know how to overcome an Opi spin.
BTW does she blog over at tmz under that name?
Well, if I’ve already said that….where is it?
DaimondGirl, sorry did not mean to be misleading I kind of got ahead of myself on that one, I knew Opri was involved.
Correction: Miss Marquez should have done lawyer shopping before hiring Deb O.
For the record, I do not like David Caruso. IMO he is arrogant and would not doubt what Miss Marquez is saying is true, just wish she had picked a better Attorney.
*** Rose ***
An article on the Honorable L. Burkhalter;
Houston probate judge removed
April 9th, 2008
A way to get a new judge
Rick Casey
April 8, 2008
Houston Chronicle
http://www.estateofdenial.com/2008/04/09/houston-probate-judge-removed/
“Two weeks ago Alpert tried a third time to get Wood recused. This time it was in front of retired County Court-at-Law Judge Lisa Burkhalter of Lufkin.
This time he won.”
* Great read, about 20; small 3 to 4 line paragraphs…
___________________________________________________
Daisy, thank you for moving that post dear!
JMA, Great post! > #14 >> Shame on all of those people!
I will have to pop over to DO’s website and see if she is doing public statements on representing D. Caruso’s ex girlfriend… I think they have 1 or 2 children together. She is NOT a family law attorney, is she? Well, I will have to look at it and do research on the net later as the kids want to download music.
25. We are on opposite sides of this issue of Caruso. I didn’t care for him in NY Blues but really like his character in CSI Miami. I can’t see him behaving this way BUT if he did, why stay with him? Hell offer me a million bucks after all that “abuse” I’d be gone. This whole thing sounds like just what his lawyer says.
#26. Nothing so far on her new client. She states that her expertise is:
“Our clients are served by legal specialists organized into two major practice areas: Civil Litigation [Family Law, Business & Corporate Law, Wrongful Death & Major Injury Accident Cases, Employment Law], and Criminal Defense.”
I wouldn’t hire her for any amount of money. The size of her mouth equals her collar size. LARGE.
I did not like DO or LB and I still don’t. I think they would do anything for attention regardless of the cost and it always someone else
fault. No one made him go down to Florida and turn it into a fiasco and get on the stand and lie. It looks like it will all come out
and the chips will fall where they may. I hope he is a better person than he appears
#19 JMA “Maybe David Caruso should have done some lawyer shopping before hiring Opri
http://www.msnbc.msn.com/id/30145441/”
It is the ex-girlfriend that has Opri…. boy of boy what a mess….
I have the latest papers and an article up about what was filed in New York today… it does give you pause to think….
#29 trnmus I have never cared for Birkhead or Opri…. from the time I saw him in Florida showing someone how to use a zoom lense on a camera to get a better shot of him I felt like YUK… the first time Opri opened her mouth I was like YUK….
However if he is a good dad… in the end that is all that matters.
I suspect we will know the answer to all of it before summer is over. LB never really seems at ease with DL most of the time it looks like
a photo op and not real. I hope he cares more about her than getting money and his picture’s made
At least there is one more site covering the actual happenings in court and not the Opri spin that has made it on to the internet…
You have to wonder why so many gossip site picked up her spin on things and never checked out the “facts”… reminds me of that 5 trillion suit reported that ended up being 5 million… wonder how many times you have to blow your credibility before you begin checking facts? Of course she always wanted to be the next ET… ah illusions of grandeur…
Anyway here is another factual site about the real out come of the appeal:
http://www.law.com/jsp/article.jsp?id=1202429842111&Lawyer_Loses_Round_in_Fee_Dispute_Over_Anna_Nicole_Smith_Paternity_Case
Jma 19 Regarding Opri’s hands on HKS….It’s been a long time since I saw that picture, but the way Larry was looking out of the corner of his eye still stays with me. lol
JMA I think it was al four peopel that started the gay rumor one followed the other untill Cosby put it in her book of lies.LOL sorry AJM but I had to laugh at the thought arn’t you shaking in your boots that the soi called PI mistress will come after you LOL
Beth I read your link about the reclusing of judges,what I dod not understand is how a judge can over ride a jury.
IMO Opri and LB did so much damage to Anna’s name that I don’t think Howard can ever make it better.Rose you are right about LB when you say at least he seems to really be taking care of his daughter. He will have a lot to answer for when Dannielynn gets older as will Howard but at least it will be shown that Howard was trying to protect Anna’s reputation and Dannielynn her self.Opri better whatch her self IMO people will remember she started this whole mess by not giving Anna time to grieve for her son.She was as bad as VA in trying to take down Anna.I think a lot of people will remember tha VA did nothing while Anna was alive,to help her but the moment she passed she went for the gold.WEhat a mother,NOT JMO
You know Opri and her trying to get close to Howard tells me that noen of these people really think either of the deaths were other than an accidentand VA and O’Quinn just went after Howard to get him out of the way.I was also thinking about Anna’s saying no one but daniel could get her money ect when or if she passed.People forget she had legal stepsons that may have tried to take anything she had and IMO that is why it was worded that way.I don;t know why the judge thought it was so wrong .Anna was just protecting her son against others like her mother and stepsons from trying to gain from her earnings,
Another roach crawling out of the woodwork!!!!
http://annanicole-allannazario.blogspot.com/2…
Well I can understand why he went to Florida to make an appeal to have Anna’s DNA kept for comparsion to Dannielynn. Hell, if one of us thought that a child we were fighting for, could have been switched, you wouldn’t ask for the same thing? I do not agree with all of the grand standing that came out of with DO. She is the one that did not have to be there and play to the media. He had lawyers in FL on his behalf.
#37. Oh my lord, what a whacko. Yep, ask Obama to solve Anna’s death. Hell don’t worry about our boys dying in a war. Don’t worry about the economy that is affecting every person in the world. OBama should just concentrate on what happened to Anna. That moron needs some serious help.
In a perfect world, Anna would have never left the US in order to keep Dannielynn away from her father. In a perfect world, Anna would have gone to a sperm bank to get pregnant. In a perfect world, the general population would keep their nose out of celebrities personal business. This world is not perfect.
I have never seen a contract regarding the pregnancies between Birkhead and Anna stating that he had no right to any child that might be conceived. Why no contract with a lawyer in residence? The contracts that we all have seen are ones that state about confidentality. I happen to believe Birkhead’s story as to what happened between him and Anna. Maybe if both parties had acted like mature adults, then Daniel and Anna might be alive today. As to giving Anna time to grieve, it was unfortunate that her son, “her rock” died soon after Dannielynn’s birth. But can someone say, how long of a period of time that a mother needs to get over her grief? Weeks? Months? Years? Never?. My guess would be never.
Did all of this mess have to come out after Anna died? Nope. All of these men who crawled out of the woodwork did more damage to Anna’s reputation than Birkhead ever did. Did he handle the entire situation right? No, not all of it. He didn’t have to say things that would hurt Anna’s heart more than it already was.
A good article about the Birkhead/Opri case
http://www.law.com/jsp/article.jsp?id=1202429842111&Lawyer_Loses_Round_in_Fee_Dispute_Over_Anna_Nicole_Smith_Paternity_Case
The lawyer who represented Larry Birkhead in his paternity suit to gain custody of Anna Nicole’s Smith’s child has lost a bid to compel arbitration in a lawsuit to recover legal fees from him.
A state appeals court in California ruled on Wednesday that attorney Debra Opri will have to take her claim against Birkhead to court. Opri of Opri & Associates in Beverly Hills, Calif., is claiming more than $620,000 in fees against Birkhead, who won the paternity suit to gain custody of Dannielynn in 2007.
Opri’s petition to compel arbitration is related to a lawsuit filed by Birkhead against Opri in June 2007 alleging breach of fiduciary duty, conversion, fraud and legal malpractice.
The decision in Opri v. Birkhead, No. B203506 (Calif. 2d Ct. App.), means that details about Opri’s representation of Birkhead likely will be aired in open court. Reached by phone Thursday, Opri said that she had sought arbitration and appealed a lower court’s decision denying it because she wanted to keep from the public the details about Birkhead that could surface in open court. “He’s not the fair-haired boy I painted him to be,” Opri said, referring to her representation of Birkhead in the custody battle.
Representing Birkhead in the malpractice case against Opri is Michael L. Trope of Trope & DeCarolis in Los Angeles. He said that Opri’s own interests in keeping her representation of Birkhead confidential motivated her to pursue arbitration.
“I think she preferred a private rather than a public forum for her own purposes,” Trope said.
Anna Nicole Smith, a former Playboy Playmate of the Year and television personality, died of a drug overdose in February 2007. Following her death, a dispute arose over the paternity of her child between Birkhead and Howard K. Stern, her attorney. Test results later showed that Birkhead was the child’s father.
DiamondGirl [27] I agree with you if he was that bad, why stay. With you on the Million dollars part too, hell yeah. I just have never liked him, cannot really say why, maybe he reminds me of an ex or something
I tried to watch CSI Miami just couldn’t get into.
trnmus [29] I am so with you on this. I think I made a comment on another thread concerning my thoughts about Larry. Where he is now as opposed to where he would be if he were not Dannielynn’s daddy, still behind the camera not in front of it. I never understood his presents at the Florida hearing.
Rose [30] I know I jumped ahead of myself when writing the comment, sorry.
hmm [35] I am still laughing at the wannbe PI Mistress of former FBI agents threat, my guess is she does not like the taste of her own Kool-Aid. I told her where to look for me, in the phone book ;-) J [Justice] M [My] A [Ass]
Someone over at Topix had said she better have a license to practice her PI skills in THEIR state before she decides to hunt anyone down, exactly. In addition, DonDon’s FBI credentials do not count that is what the “former” is for in front of FBI.
flowerz [37] Oh gee [rolling eyes], yeah let’s get the president of the United States involved in this.
DiamondGirl [39] I agree 100% with your entire post.
Opri wanted arbitration so the “detail” didn’t come out. WHAT FREAKIN EVER!!! She wanted arbitration because she thought she had a better chance at winning that obsurd amount of money she is asking for. Her motivation is greed. End of story.
JMA, I looked all through those pens he was pushing, but couldn’t find one like VA was using while she was making notes for her ‘book’, when all else fell thru..LMAO…looks like he one have at least one in her style! Maybe he thought she looked as silly with the ‘flower tipped pen’ as I did!