A Van Nuys Superior Court judge has denied a request to compel Jermaine Jackson to formally respond to a sexual assault lawsuit, citing an ongoing issue before an appellate court. On Friday, Judge Elaine W. Mandel stated she lacked the authority to direct Jackson to file a responsive pleading while the matter is pending at 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," Judge Mandel said. She instructed lawyers to contact the court within two court days of any appellate court rulings to re-set the motion for hearing. Jackson, who legally changed his name to Jermaine LaJuane Jacksun in February 2013, may also choose to file a responsive pleading within five court days of an appellate court decision.
This latest development in the lawsuit brought by 84-year-old Rita Butler Barrett follows Judge Mandel's prior decision to set aside a $6.5 million default judgment against Jackson. The default judgment had been awarded on behalf of Barrett, who alleges the singer sexually assaulted her at her home in 1988. Mandel deemed it "fatal" to the default that the "Jacksun" name was not used in publishing notice of the case, also noting Jackson had been living overseas.
While the judge set aside the default, she denied Jackson’s separate motion to quash service, determining that the singer had submitted to the court proceedings by filing the motion challenging the default judgment. Jackson is currently seeking relief from that part of the ruling in the appellate court.
According to court papers filed by Barrett’s attorneys, Jackson’s subsequent requests for relief and a stay in the appellate court did not put a hold on the overall case, arguing that a prior June 30 order to file a response to the plaintiff’s case remained 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, adding that Mandel’s orders remain "effective and enforceable" until a stay is officially issued.
Barrett’s attorneys further contended in their pleadings that allowing "defendant to continue to warrantlessly delay proceedings would be extremely prejudicial to Ms. Butler Barrett’s case," especially given the plaintiff's age. They stated that "three years have already elapsed" since the case, filed in December 2023, and that it is "ripe" for trial.
Barrett’s lawsuit states she met Jackson through her work as a musician's contractor and as a member of the Musician's Union. The suit alleges Jackson went to Barrett’s home in the spring of 1988 without notice, entered, and sexually assaulted her with "force and violence."
A case management conference for the lawsuit is scheduled for December 17.