Britney Spears' Parents File to Dismiss Sam Lutfi's Battery, Breach-of-Contract Claims

Jamie and Lynne Spears do not, however, petition to have the self-proclaimed ex-manager's libel suit over Lynne's memoir tossed out

By Natalie Finn Nov 01, 2012 2:06 AMTags
Lynne Spears, Jamie Spears Rex USA

Britney Spears' parents are calling B.S. on most of Sam Lutfi's lawsuit.

A day after Lutfi's attorney rested his case, Jamie and Lynne Spears have filed to have claims of breach of contract against Britney and battery against Jamie thrown out.

Meanwhile, they have not petitioned to dismiss Lutfi's libel claim based on Lynne's treatment of him in her 2008 memoir, Through the Storm: A Real Story of Fame and Family in a Tabloid World.

But, according to the motions for nonsuit (motions to dismiss) filed today in Los Angeles Superior Court and obtained by E! News, Lutfi has no ground to stand on when it comes to battery and breach of contract.

The documents state that Britney never gave her "reciprocal assent" to pay Lutfi 15 percent of her income in exchange for his managerial services, as he has claimed in his lawsuit and testimony given in court last week. There was no requisite "meeting of the minds" that would suggest theirs was a valid contract.

Furthermore, the motion states, as far as the battery allegation goes, Lutfi "has not presented clear and convincing evidence that Jamie Spears acted either with intent to injure him."

Lutfi has charged that Britney's father injured him by slugging him in the stomach on the morning of Jan. 29, 2008, hours after Britney was photographed and videotaped sitting outside her home and crying after jumping out of a car being driven by Lutfi.

"Jamie Spears['] daughter, Britney, was in a dire situation" when Jamie and Lutfi fought, the motion states. "In the [preceding] weeks, Britney had behaved erratically and irrationally, and had lost custody of her children." Jamie admits the encounter took place "in the midst of this series of personally disastrous events, and just after [Lutfi] had lost his temper and left Britney crying outside of her car in the midst of paparazzi," but that even Lutfi himself admitted the encounter caused him no injury. 

A hearing on the motions for nonsuit (motions to dismiss) is scheduled for Thursday at 1:30 p.m. 

—Reporting by Claudia Rosenbaum