X17 spoke with Sam’s attorney just moments ago, and this is what he told us:
“I’ve represented Sam in connection with the deposition that was marital dissolution. He was deposed by Mark Kaplan who represents Kevin. If [the restraining order service yesterday] is not valid, they would have to reissue and set new dates. It had to have been served at least 48 hours before the hearing. Any hearing that is scheduled cannot proceed because of lack of notice. I would expect there would have to evidentiary hearing set with both sides represented which couldn’t happen today. I would expect they will reschedule the hearing today.”
However, the court spokesperson, Allan Parachini, released this statement last night:
“Given the service deadlines on the restraining order against Mr. Lutfi, you’d have to assume everything’s up in the air until we hear from all lawyers on both sides tomorrow. We also have to see what the federal court has ruled, as far as having this case moved up to federal court. Commissioner Goetz needs a lot of information tomorrow — whether the restraining order had a timely service. We just have to wait until everyone shows up and what motions are granted. Whether Britney will show, or Michael Sands, or Jon Eardly, or Sam Lutfi or all of the above show up will help determine what force the restraining order has. It’s not neccessarily accurate at this point to say that the restraining order is invalid because it wasn’t served 48 prior to court.”
The hearing is scheduled for this afternoon at 1:30 pm, PST. It remains to be seen whether or not they’ll keep this date.