Electronically FILED by Superior Court of California, County of Los Angeles 7/8/2021 8:00 AM Sherri R.

Carter, Executive Officer/Clerk, By Albert Malfavon, Deputy Clerk

1 HOLLAND & KNIGHT LLP

Vivian L. Thoreen, SBN 224162
2 Jonathan H. Park, SBN 239965
Roger B. Coven, SBN 134389
3 400 South Hope Street, 8th Floor
Los Angeles, CA 90071
4 Telephone: 213.896.2400
Fax; 213.896.2450
5 E-mail: [email protected]
[email protected]
6 [email protected]

7 GERALDINE A. WYLE (BAR NO. 89735)

[email protected]
8 JERYLL S. COHEN (BAR NO. 125392)
[email protected]
9 REBEKAH E. SWAN (BAR NO. 186307)
[email protected]
10 FREEMAN, FREEMAN & SMILEY, LLP
1888 Century Park East, Suite 1500
11 Los Angeles, California 90067
Telephone: (310) 255-6100
Tel.: 213.896.2400 Fax: 213.896.2450

12 Facsimile: (310) 255-6200

Los Angeles, California 90071
Holland & Knight LLP

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400 S. Hope, 8th Floor

Attorneys for James P. Spears,

14 Conservator of the Estate

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
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In re the Conservatorship of the Person and Case No. BP108870
20 Estate of
JAMES P. SPEARS’ OPPOSITION TO
21 BRITNEY JEAN SPEARS, EX PARTE PETITION FOR ORDER
AUTHORIZING AND INSTRUCTING
22 CONSERVATOR(S) OF THE ESTATE
Conservatee. TO PAY FOR ADDITIONAL SECURITY
23 EXPENSES
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Date: July 8, 2021
25 Time: 8:30 a.m.
Dept.: 4
26 Judge: Hon. Brenda J. Penny

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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 James P. Spears (“Mr. Spears” or the “Conservator”), Conservator of the Estate of Britney

2 Jean Spears (the “Estate”), opposes Temporary Conservator of the Person Jodi Montgomery’s Ex

3 Parte Petition for Order Authorizing and Instructing Conservator(s) of the Estate to Pay for

4 Additional Security Expenses Appointment of Successor Conservator of the Person (the “Ex Parte

5 Petition”), and alleges as follows:

6 THE COURT SHOULD DENY THE EX PARTE PETITION BECAUSE SUCH AN

7 EXPENSE IS NOT REASONABLE, NECESSARY, OR PROPER

8 Mr. Spears is very concerned about the situation that has been developing for many months

9 and the dangerous rhetoric that has been circulating for quite some time regarding the

10 Conservatorship. Mr. Spears is aware of the increasing number of threatening communications and

11 social media posts directed to various individuals involved in the Conservatorship, apparently
Tel.: 213.896.2400 Fax: 213.896.2450

12 including Ms. Montgomery now. Mr. Spears, himself, has been the subject of innumerable and
Los Angeles, California 90071
Holland & Knight LLP

13 ongoing threats as well – not just recently, but for years. So Mr. Spears understands well the
400 S. Hope, 8th Floor

14 challenges inherent in the position he holds and the work he performs on behalf of his daughter.

15 However, Mr. Spears disagrees with and objects to Ms. Montgomery’s request for 24/7 live

16 security services for herself at a cost of over $50,000 per month to the Conservatorship Estate for an

17 indefinite period of time. Mr. Spears does not believe such an expense is reasonable, necessary, or

18 a proper expense of the Conservatorship Estate. As discussed below, Ms. Montgomery has not

19 provided sufficient detail, specific facts, or special circumstances to justify such an expense.

20 Furthermore, the relief she requests in her Ex Parte Petition is too vague and open-ended, and

21 improperly and inexplicably seeks to shifts the burden of ensuring her safety to Mr. Spears.

22 If the Court decides to grant the Ex Parte Petition (which it should not), Mr. Spears requests

23 a specific finding that Ms. Montgomery’s additional security expense is a reasonable, necessary,

24 and proper expense of the Conservatorship Estate.

25 THE COURT SHOULD CONSIDER ADDITIONAL FACTORS BEYOND WHAT

26 MS. MONTGOMERY HAS ALLEGED IN HER EX PARTE PETITION

27 The Court should consider several factors in determining whether to grant Ms.

28 Montgomery’s Ex Parte Petition. First, Ms. Montgomery is not the only person involved in this
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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 Conservatorship who has received threatening communications and/or death threats. Mr. Spears is

2 informed and believes that the Conservatee’s Court-Appointed Counsel, Mr. Ingham, has received

3 threatening communications including receiving two very threatening voicemail messages just this

4 weekend. Mr. Spears himself and his counsel have also received similar threatening

5 communications, including threats of violence and death, for some time. The Court, therefore,

6 needs to know that Ms. Montgomery is not the only person who might seek additional protection to

7 be paid by the Estate. Based on the estimate provided by Ms. Montgomery, the cost to the

8 Conservatorship Estate for 24/7 live security services for just one person could exceed $50,000 per

9 month. That is not an expense that the Conservatorship Estate can sustain for multiple individuals

10 for an extended, indefinite period of time. If the Court directs the Conservatorship Estate to pay for

11 Ms. Montgomery’s 24/7 live security services as she requests, Mr. Spears contends fairness should
Tel.: 213.896.2400 Fax: 213.896.2450

12 dictate that everyone who claims he or she is being threatened should have the same security
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Holland & Knight LLP

13 services as Ms. Montgomery.

400 S. Hope, 8th Floor

14 Second, the Court should consider how much security is truly necessary to protect

15 Ms. Montgomery (or any other individual who seeks the same protection). Ms. Montgomery has

16 requested 24/7 live security services, but the Court should carefully consider and evaluate the extent

17 of security coverage that is reasonably necessary for her at various different points of the day. For

18 example, 24/7 live coverage might not be required as Ms. Montgomery’s risk may be less during

19 the day when she is at her office with others or even at home than in the evening and overnight.

20 Third, the Court should consider other security measures already in place to protect

21 Ms. Montgomery (or any other individual who seeks the same protection). Ms. Montgomery states

22 in her Ex Parte Petition that she “has contacted her local sheriff’s department and they have added

23 to her to their patrol watch.” Presumably, Ms. Montgomery has reported the threatening

24 communications and death threats, and the local authorities will investigate those threats. Again,

25 24/7 coverage by a private security company is likely not required where others are already

26 standing watch or other protections are already in place – which is the exact situation here.

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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 To be clear, the foregoing discussion is not meant in any way to minimize the threats to

2 Ms. Montgomery or anyone else, but rather to allow the Court to make an informed decision given

3 the serious cost, number of people affected, and prospective burden on the Conservatorship Estate.

4 THE COURT SHOULD ALSO DENY THE EX PARTE PETITION BECAUSE THE

5 RELIEF REQUESTED IS VAGUE AND OPEN-ENDED

6 Ms. Montgomery seeks an order from the Court “authorizing and instructing the currently

7 serving Conservator(s) of the Estate to expend such sums as is necessary to engage a security

8 company to…assess the threats and security risks of…Jodi Montgomery on an ongoing basis and

9 to make recommendations as to the additional security measures that are reasonable and appropriate

10 to address credible threats and risks…[to] provide any additional security to…Jodi Montgomery

11 so recommended by the security company for as long as the security company recommends
Tel.: 213.896.2400 Fax: 213.896.2450

12 it.” (Ex Parte Petition, p. 6, emphasis added.) In other words, the vendor is left to determine the
Los Angeles, California 90071
Holland & Knight LLP

13 amount and duration of services to be provided, and Mr. Spears is to pay whatever is requested by
400 S. Hope, 8th Floor

14 the vendor. Given that any given security company generally speaking, is likely to err on the side

15 of caution and recommend more protection rather than less, the requested relief is likely to result in

16 the over-expenditure of funds of the Conservatorship Estate.

17 The Court, therefore, should deny the carte-blanche relief requested by Ms. Montgomery.

18 If, for whatever reason, the Court is inclined to grant the Ex Parte Petition, Mr. Spears requests that

19 the Court provide guidelines such as a sum certain which he is approved to spend to provide the

20 additional protection requested by Ms. Montgomery, and specifically, any other limitations on the

21 nature and scope of the security services to be provided, i.e., duration of services on a daily basis

22 and generally, on-site security personnel, patrol vehicles, threat investigation, bodyguards, travel

23 protection, etc.

24 IF THE COURT GRANTS THE EX PARTE PETITION, IT SHOULD ESTABLISH

25 GUIDELINES FOR THE PAYMENT OF SECURITY EXPENSES FOR OTHER

26 INDIVIDUALS AS WELL

27 If the Court grants the Ex Parte Petition, it is anticipated that Ms. Montgomery will not be

28 the only one requesting additional protection to be paid by the Conservatorship Estate. The nasty
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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 rhetoric and threatening emails, social media posts, and voicemail messages are pervasive and

2 ongoing and impact multiple people involved in or related to the Conservatorship, including the

3 Conservatee, Mr. Spears, other family members, Ms. Montgomery allegedly, and many of their

4 attorneys and other professionals involved – some more than others, and some more threatening

5 than others. For example, the Conservatee’s sister Jamie Lynne Spears recently pleaded, “[C]an we

6 please stop with the death threats, especially the death threats to children.”

7 If the Court grants the Ex Parte Petition over Mr. Spears’ objection, Mr. Spears requests that

8 the Court establish general guidelines applicable to the payment of security expenses for all other

9 individuals as well. For example, if the Court believes it is best for each individual who wants the

10 Conservatorship Estate to provide them with security coverage to file their own petition, the Court

11 should so state. Or if the Court believes Mr. Spears may pay for “such sums as is necessary” to any
Tel.: 213.896.2400 Fax: 213.896.2450

12 individual who can provide a recommendation from a professional security company, the Court
Los Angeles, California 90071
Holland & Knight LLP

13 should so state. It is not appropriate for Mr. Spears to be put in the position of picking and
400 S. Hope, 8th Floor

14 choosing who among the many individuals impacted by the Conservatorship should be permitted to

15 charge the expense of live security services to the Conservatorship Estate. As a licensed

16 professional fiduciary, Ms. Montgomery should pay for any security services personally as a cost of

17 doing business.

18 Date: July 8, 2021 HOLLAND & KNIGHT LLP

19

20 By:
Vivian L. Thoreen,
21 Attorney for James P. Spears,
Conservator of the Estate
22

23 Dated: July 8, 2021 FREEMAN, FREEMAN & SMILEY, LLP

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By: /s/ Geraldine A. Wyle
26 Geraldine A. Wyle,
Attorneys for James P. Spears,
27 Conservator of the Estate
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5
JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 DocuSign Envelope ID: D8EAC2C0-1A17-442A-9D27-92809230F214

1 VERIFICATION

2 I, James P. Spears, as Conservator of the Estate of Britney Jean Spears, have read the

3 foregoing JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER

4 AUTHORIZING AND INSTRUCTING CONSERVATOR(S) OF THE ESTATE TO PAY

5 FOR ADDITIONAL SECURITY EXPENSES and know its contents. The facts set forth therein

6 are true of my knowledge except as to those matters which are stated on information and belief, and

7 as to those matters, I believe them to be true.

8 I declare under penalty of perjury under the laws of the State of California that the foregoing
7/8/2021
9 is true and correct. Executed on this ___th day of July 2021 at Lafayette, Louisiana.

10
_____________________________________
11 James P. Spears
Tel.: 213.896.2400 Fax: 213.896.2450

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Los Angeles, California 90071
Holland & Knight LLP

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400 S. Hope, 8th Floor

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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 PROOF OF SERVICE
BP108870
2
STATE OF CALIFORNIA )
3 ) ss.
COUNTY OF LOS ANGELES )
4
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a
5 party to the within action. My business address is 400 S. Hope Street, 8th Floor, Los Angeles, CA 90071.

6 On July 8, 2021, I served the foregoing document JAMES P. SPEARS’ OPPOSITION TO

EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
7 CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY
EXPENSES on all parties in this action
8
by placing true copies thereof in sealed envelopes addressed as stated on the attached mailing list.
9 by placing the original a true copy thereof enclosed in a sealed envelope addressed as follows:

SEE ATTACHED SERVICE LIST

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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the
11 addresses listed above and placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with Holland & Knight LLP's practice for collecting and
Tel.: 213.896.2400 Fax: 213.896.2450

12 processing correspondence for mailing. On the same day that the correspondence is placed for
Los Angeles, California 90071

collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Holland & Knight LLP

13 Service, in a sealed envelope with postage fully prepaid.

400 S. Hope, 8th Floor

14 PERSONAL SERVICE (CCP §§ 1011, 2015.5):

15 I delivered such document(s) by hand to person(s) at the address listed above.

16 I caused such document(s) by hand to the office of the person(s) at the address listed above.
I caused such document(s) to be delivered by hand to the person(s) at the address listed below.
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OVERNIGHT COURIER (CCP §§ 1013I, 2015.5) I am readily familiar with the firm’s practice of
18 collection and processing correspondence for overnight courier. On the same day that correspondence
is placed for collection and delivery, it is deposited in the ordinary course of business in a sealed
19 envelope to the addressee(s), fully prepaid, and deposited at an office or a regularly utilized drop box of
the overnight delivery carrier.
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E-MAIL (CCP §§ 1013(a)) Based on a court order or an agreement of the parties to accept service by e-
21 mail or electronic transmission, I caused the document(s) to be sent to the person(s) at the e-mail
address(es) indicated above. I did not receive, within a reasonable time after the transmission, any
22 electronic message or other indication that the transmission was unsuccessful.

23 (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
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Executed on July 8, 2021, at Los Angeles, California.
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26 Angelica Rivera
Print or Type Name Signature
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JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND INSTRUCTING
CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 SERVICE LIST
2 Samuel D. Ingham, III Court-Appointed Counsel for Conservatee
444 South Flower Street, Suite 4260
3 Los Angeles, CA 90071-2966
Tel: (310) 556-9751
4 E-Mail: [email protected]

5 Britney J. Spears Conservatee

c/o Samuel D. Ingham, III
6 444 South Flower Street, Suite 4260
Los Angeles, CA 90071-2966
7 Tel: (310) 556-9751
E-Mail: [email protected]
8

9 Yasha Bronshteyn Attorneys for Lynne Spears, Mother

Ginzburg & Bronshteyn, LLP
10 11111 Santa Monica Boulevard, Suite 1840
Los Angeles CA 90025
11 Tel: (310) 914-3222
Tel.: 213.896.2400 Fax: 213.896.2450

E-Mail: [email protected]
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Los Angeles, California 90071
400 S. Hope Street, 8th Floor
Holland & Knight LLP

Gladstone N. Jones, III Attorneys for Lynne Spears, Mother

13 Lynn E. Swanson
Jones Swanson Huddell & Garrison, LLC
14 Pan-American Life Center
601 Pyodras Street, Suite 2655
15 New Orleans, LA 70130
Tel: (504) 523-2500
16 E-Mail: [email protected]
[email protected]
17
Jodi Montgomery Temporary Conservator of the Person
18 1443 E. Washington Boulevard, Suite #644
Pasadena, CA 91104
19 Tel: (626) 398-2090
E-Mail: [email protected]
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Lauriann C. Wright Attorney for Jodi Montgomery
21 Wright Kim Douglas, ALC
130 S. Jackson Street
22 Glendale, CA 91205-1123
Tel: (626) 356-3900
23 E-Mail: [email protected]

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5020506.1 26244-330 8
JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND
INSTRUCTING CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES
 1 David Nelson Associated Litigation Counsel for Ms. Spears
Ronald Pearson
2 Loeb & Loeb, LLP
10100 Santa Monica Blvd., Suite 2200
3 Los Angeles, CA 90067
Tel: (310) 282-2346
4 E-mail: [email protected]
[email protected]
5

6 Jeff J. Glowacki Co-Conservator of the Estate

Laura K. Zeigler
7 Bessemer Trust
10250 Constellation Blvd., Suite 2600
8 Los Angeles, CA 90067
(213) 330-8576
9 Email: [email protected]
[email protected]
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Tel.: 213.896.2400 Fax: 213.896.2450

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Los Angeles, California 90071
400 S. Hope Street, 8th Floor
Holland & Knight LLP

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5020506.1 26244-330 9
JAMES P. SPEARS’ OPPOSITION TO EX PARTE PETITION FOR ORDER AUTHORIZING AND
INSTRUCTING CONSERVATOR(S) OF THE ESTATE TO PAY FOR ADDITIONAL SECURITY EXPENSES