LOS ANGELES (CBS) — Michael Jackson’s mother can sue the deep pockets behind the London concert series the King of Pop was about to begin when he died, a judge ruled today.

Los Angeles Superior Court Judge Yvette M. Palazuelos denied a motion by AEG Live attorneys to dismiss the case, but said lawyers for the plaintiffs will have to provide evidence of fraud, negligent infliction of emotional distress and civil conspiracy, which the lawsuit alleges.

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Attorney Kevin Boyle, speaking on behalf of the family, praised the ruling.

“I think the judge is very smart, and this was a great success for the plaintiffs,” Boyle said.

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The suit was filed on Sept. 15 on behalf of Katherine Jackson and her son’s three children, Michael Jr., Paris-Michael Katherine and Prince Michael.

The suit alleges AEG Live is responsible for the medical decisions made by Dr. Conrad Murray, the singer’s personal physician at the time, who has pleaded not guilty to involuntary manslaughter in Jackson’s death.

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