Britney's Dad Fights Motion To Move Case To Federal Court

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FIRST PUBLISHED: February 20, 2008 3:59 PM EST
LAST UPDATED: February 20, 2008 7:56 PM EST

LOS ANGELES, Calif. --

If Britney Spears’ conservatorship case is going to be decided by a federal court, attorney Jon Eardley needs to do a better job of explaining why it belongs there, a judge ruled on Tuesday.

According to court papers obtained by Access Hollywood, federal court Judge Philip Gutierrez has given attorney Jon Eardley until February 29 to prove Britney’s case should be moved from LA Superior Court to the federal level.

Unless Eardley, who claims to be representing the pop star, can convince the judge the matter of Britney’s estate should be decided by a federal court, the case will be returned to the LA Superior Court.

Eardley filed the motion last week to move Brit’s case to the federal level, claiming her civil rights were being violated by the current ruling, which grants co-conservatorship of her estate to her father, Jamie.

In response, Jamie Spears filed his own motion to try and keep the case in the LA Superior Court.

In his filing, Spears's father (along with fellow co-conservator Andrew Wallet) called Eardley's efforts to move the case "a brazen – but vain – attempt to strip a probate court of jurisdiction … by an attorney without a client."

Further complicating matters is Eardley’s involvement in the case. While he claims to be representing Britney, earlier this month, the court issued an order preventing the pop star from hiring her own attorney.

In asking the federal court to return the case to the Superior Court level, Jamie Spears cited this fact, stating Britney "does not have the capacity to retain counsel," and therefore Eardley lacked the power to remove the proceedings to federal court on her behalf.

Britney’s father has also filed papers with the court, asking that Eardley (and any of his associates working on trying to get the case moved to federal court) be required to pay the legal fees resulting from Eardley's team trying to move it to federal court.

As of now, Jamie’s legal fees to dispute the move to federal court have exceeded $27,400.

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