By Jen Heger - Radar Legal Editor
The licensing company suing Britney Spears for breach of contract has just suffered a major setback in the case, RadarOnline.com has exclusively learned.
On Monday morning, a Los Angeles judge denied a request by lawyers for Brand Sense to force the Toxic singer to be deposed in the case. The reason is because Spears is still under conservatorship.
Brand Sense is suing the singer and her father, Jamie Spears, for allegedly stopping payment of royalties from Britney's wildly successful Elizabeth Arden fragrance range. The deal with Elizabeth Arden was brokered by Brand Sense and they are now suing for breach of contract and are seeking $10 million in damages because the licensing company says it stopped receiving their thirty-five percent commission that was agreed as part of the contract terms.
EXCLUSIVE DOCUMENTS: Company Demands Spears Be Deposed
Brand Sense stated in legal docs, "A ruling the plaintiffs heartedly dispute -- the court docs state: "Brand Sense intends to seek immediate relief from the probate court's order. The notion that Britney Spears is mentally or emotionally unfit to testify under oath is a sham. Ms. Spears currently has the mental, emotional and physical capacity to endure the strain of a months-long international concert tour, make numerous public appearances, engage in interviews with the media, participate in numerous promotional campaigns for her various business enterprises, and maintain custody of her children."
The lawyers for Brand Sense said they would appeal the decision.