LOS ANGELES (CBS) — A judge says in a tentative ruling that Joe Jackson can move forward with his wrongful death suit against cardiologist Dr. Conrad Murray over the death of his son.

Los Angeles Superior Court Judge Michael Johnson issued his preliminary ruling Monday, rejecting defense efforts to have the case dismissed. Johnson is scheduled to hear arguments Wednesday before making a final ruling.

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“To the extent the matter is intended to be a motion to dismiss, it is denied,” Johnson wrote in his one-page tentative decision.

The ruling also criticizes the format through which the defense documents were drawn up, calling it “distracting and confusing” and adding the admonition, “Do not use this method in the future.”

The lawsuit filed Nov. 30 seeks unspecified damages against Murray, who has pleaded not guilty in a separate criminal case in which he has been charged with involuntary manslaughter in the June 2009 death of the legendary singer.

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In the suit, Joe Jackson names Las Vegas’ Applied Pharmacy services, which court records show sold Murray propofol in the weeks before his son’s death at age 50 that was attributed to acute propofol intoxication.

The pharmacy is alleged to have sold Murray excessive amounts of propofol, a drug typically used in a clinical setting during surgery.

The complaint alleges Murray was negligent in administering propofol to Jackson and that he did not tell paramedics that he gave the singer the drug.

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