Updates from Monday, July 28
After today's ruling, Ramona Shelburne reported on what's next for Donald Sterling and his legal team:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today— Ramona Shelburne (@ramonashelburne) July 29, 2014
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve— Ramona Shelburne (@ramonashelburne) July 29, 2014
Arash Markazi of ESPN Los Angeles reports on the judge's ruling on the pending sale of the Clippers:
Judge said the Clippers are owned by the Sterling family trust and Shelly had every right to sell the team.— Arash Markazi (@ArashMarkazi) July 28, 2014
Michael McCann of Sports Illustrated broke down what the judge's ruling means for the franchise and the league:
Judge rules for Shelly Sterling and prevents Donald from appealing to keep team. Steve Ballmer will be next Clippers owner. Big win for NBA.— Michael McCann (@McCannSportsLaw) July 28, 2014
Markazi also passed along when the sale of the Clippers should be completed:
Shelly Sterling and Steve Ballmer's lawyers said they expect the sale of the Clippers to go through by Aug. 15.— Arash Markazi (@ArashMarkazi) July 28, 2014
Earlier, Markazi passed along some of the notable developments regarding Sterling and his wife Shelly
Judge: "Shelly Sterling's testimony was far and away more credible."— Arash Markazi (@ArashMarkazi) July 28, 2014
Court finds the two doctors Shelly had look at Donald were credible.— Arash Markazi (@ArashMarkazi) July 28, 2014
Judge believes Shelly was credible when she said Donald wanted her to get what she could get in the sale of the team and supported her.— Arash Markazi (@ArashMarkazi) July 28, 2014
So far so good for Shelly. Basically judge believes everything she said but not Donald but we have a ways to go.— Arash Markazi (@ArashMarkazi) July 28, 2014
Updates from Tuesday, July 22
In addition to the current legal proceedings, Donald Sterling has filed another lawsuit according to Ramona Shelburne of ESPN Los Angeles:
Donald Sterling filed a lawsuit in Superior court Tuesday vs Shelly & NBA alleging corporate fraud— Ramona Shelburne (@ramonashelburne) July 23, 2014
Donald alleges he is the sole shareholder of LAC, the corp that runs the Clippers. Once he revoked the trust, the shares reverted to him— Ramona Shelburne (@ramonashelburne) July 23, 2014
This new lawsuit is in addition to the federal lawsuit Donald Sterling already filed vs the NBA. His attorneys filed it Tuesday after court— Ramona Shelburne (@ramonashelburne) July 23, 2014
Arash Markazi of ESPN Los Angeles reports on Clippers CEO Dick Parsons' testimony in court today regarding how Doc Rivers would feel about coaching the team if Sterling remained the owner:
Dick Parsons testifies that Doc Rivers has told him three times that he would not continue with the Clippers if Sterling is still the owner.— Arash Markazi (@ArashMarkazi) July 22, 2014
Parsons said if Doc left it would accelerate a "death spiral" for the Clippers.— Arash Markazi (@ArashMarkazi) July 22, 2014
Updates from Wednesday, July 9
Bill Plaschke of the Los Angeles Times has more tidbits from Sterling's testimony on Wednesday:
Judge Levanas just announced Donald said, ''Get away from me you pig'' to Shelly..but others heard the b-word..— Bill Plaschke (@BillPlaschke) July 9, 2014
"Make no mistake today i will never, ever, ever sell this team! Until I die I will be suing the NBA and trying to make them pay!''— Bill Plaschke (@BillPlaschke) July 9, 2014
"They lied again!' This is the worst corporation in America! Everyone will find out how dishonest and terrible they are!''..talking NBA!— Bill Plaschke (@BillPlaschke) July 9, 2014
"I'm not a racist, I love all people, but I was the poster boy, but that's OK''— Bill Plaschke (@BillPlaschke) July 9, 2014
Updates from Tuesday, July 8
Arash Markazi of ESPN has the latest from Donald Sterling's trial:
We are back in court and Donald Sterling has been called to the stand. It's about to get real.— Arash Markazi (@ArashMarkazi) July 8, 2014
Donald is going after the attorney. Judge acknowledges Sterling is a lawyer but asks him to just answer the question.— Arash Markazi (@ArashMarkazi) July 8, 2014
They are going over document where Donald gives Shelly right to negotiate sale of the Clippers.— Arash Markazi (@ArashMarkazi) July 8, 2014
Donald Sterling gets emotional saying he loved his wife and trusted his wife.— Arash Markazi (@ArashMarkazi) July 8, 2014
ESPN's Ramona Shelburne has more on Sterling:
Donald: "I don’t believe I ever fight with my wife. I did disagree with her whether a valuable asset that our trust owned be sold."— Ramona Shelburne (@ramonashelburne) July 8, 2014
Bert Fields just asked Donald about statements he made in Anderson Cooper interview. He says he doesn't recall.— Ramona Shelburne (@ramonashelburne) July 8, 2014
Donald Sterling now being asked about a press release he issued on June 4 announcing sale of the Clippers to Ballmer— Ramona Shelburne (@ramonashelburne) July 8, 2014
Asked if he sees the press release, Donald says, "Do I see it? Yss, i see it...I never announced anything". It was released by his lawyer— Ramona Shelburne (@ramonashelburne) July 8, 2014
Donald says of the NBA, "I’m not going to do it with them, because they’re not to be trusted. The only one who I love and trust is my wife"— Ramona Shelburne (@ramonashelburne) July 8, 2014
Bill Plaschke of the Los Angeles Times describes Sterling's demeanor on the stand:
Sterling testimony wilder by the minute, rambling answers, scolding Fields, off the rails...— Bill Plaschke (@BillPlaschke) July 8, 2014
Sterling talking in circles, doesn't understand questions, challenging Fields to ''stand up and be a man''...no longer funny, just sad— Bill Plaschke (@BillPlaschke) July 8, 2014
Markazi provides more dialogue from the Sterling-Fields exchange:
Sterling to Fields: "Are you trying to perpetrate a fraud on this court?" Judge has to intervene and essentially tell Sterling to calm down— Arash Markazi (@ArashMarkazi) July 8, 2014
Sterling said he was under the impression league would waive penalties against him if he agreed to the sale of the team.— Arash Markazi (@ArashMarkazi) July 8, 2014
Sterling to Fields: "Be a man for God's sake be a man!" This is courtroom gold.— Arash Markazi (@ArashMarkazi) July 8, 2014
Sterling: "Your honor, he keeps relying on media outlets. This is from NBC News. I don't rely on NBC News."— Arash Markazi (@ArashMarkazi) July 8, 2014
Dan Woike of the Orange County Register has more on Sterling's dialogue:
"You can call me whatever you like. But those two doctors shouldn’t be practicing medicine. I know it and you know it." - DTS— Dan Woike (@DanWoikeSports) July 8, 2014
"They’re not good people." -- Donald Sterling, tearing up, talking about the NBA.— Dan Woike (@DanWoikeSports) July 8, 2014
DTS just said "it's ludicrous to think" Shelly could run a corporation with "millions in liabilities"— Dan Woike (@DanWoikeSports) July 8, 2014
Donald is attacking back at Bert Fields. "Tell me where that’s relevant unless you’re trying to be a smart ass."— Dan Woike (@DanWoikeSports) July 8, 2014
Donald Sterling says he can get same TV deal as Lakers - reason he doesn't want to sell is for "economic reasons."— Dan Woike (@DanWoikeSports) July 8, 2014
Donald Sterling said he'll get 9 billion from NBA in anti-trust suit.— Dan Woike (@DanWoikeSports) July 8, 2014
"Where’s a 150 million in salary stashed away somewhere?" - Donald Sterling on the NBA— Dan Woike (@DanWoikeSports) July 8, 2014
Done for the day, pick back up at 1:30 tomorrow afternoon.— Dan Woike (@DanWoikeSports) July 8, 2014
Updates from Monday, July 7
Ramona Shelburne of ESPN reported on the latest in the Donald Sterling trial:
In case that's not clear, the Federal Court judge just denied Donald Sterling's motion to have the case moved from probate court— Ramona Shelburne (@ramonashelburne) July 7, 2014
Shelly Sterling's lawyer Pierce O'Donnell tells the judge that he's sent a subpoena to DTS' lawyer Max Blecher, neither of whom are here— Ramona Shelburne (@ramonashelburne) July 7, 2014
Shelly's lawyer suggests to the judge a bench warrant for Donald Sterling is in order if he's not here to testify— Ramona Shelburne (@ramonashelburne) July 7, 2014
According to O'Donnell, Donald's lawyer Max Blecher wrote in an email that he would accept the subpoena for Donald or "or I'll get fired"— Ramona Shelburne (@ramonashelburne) July 7, 2014
Sterling's mental health was also addressed, according to Kim Baldonado of NBC4 in LA:
Neurologist testifies based on her exam and a PET scan, Donald Sterling has had Alzheimers for 3 years, most likely for 5 years.— Kim Baldonado (@KimNBCLA) July 7, 2014
The trial that could finally be the end to the messy divorce between the NBA and banned Clippers owner Donald Sterling begins Monday.
Sterling is scheduled to appear in a Los Angeles County court, where he and his team of lawyers are preparing to challenge his estranged wife's right to sell the Clippers to former Microsoft CEO Steve Ballmer. Shelly Sterling, working alongside the NBA, negotiated a league-record $2 billion payout for the franchise after doctors deemed Donald mentally incapacitated.
Donald's incapacitation is at the heart of the case, as it gave Shelly the legal right to act on behalf of the family trust. According to ESPN's Ramona Shelburne, doctors claim Donald suffers from "mild cognitive impairment consistent with early Alzheimer's Disease" and cannot adequately manage his trust.
Donald Sterling's attorneys' plan is to challenge that notion in court, highlighting the pretenses under which their client was examined, among other claimed discrepancies. There have been multiple attempts at a delay in the case from Donald Sterling's team, including a request to move the trial to federal court due to violations of medical privacy, per Vincent Bonsignore of the (Los Angeles) Daily News (via San Jose Mercury News).
"While it has become popular to attack Donald Sterling for his regrettable comments, his right to privacy and to the protection of his medical records should not be acceptable collateral damage," attorney Bobby Samini said in statement.
Pierce O'Donnell, who is representing Shelly Sterling, called the delay request "a desperate act by a desperate man" and said he expects the trial to begin on time.
TMZ's staff also provided a pre-trial statement from Shelly's attorney, Bert Fields, discussing Donald:
I even understand he left town... That's the kind of guy he is. He's willing to do anything rather than face the music.
But he's ultimately gonna have to face it ... as Joe Louis once said, 'He can run but he can't hide.'
The timing in this case is critical. The NBA is scheduled to vote to approve the Clippers' sale to Ballmer at its board of governors meeting on July 15. A delay in the trial could push the it beyond that date, bleeding uncertainty into an already tense situation. As noted by Shelburne, if the NBA does not approve Ballmer's purchase by Sept. 15, he can pull out of the deal without incident and leave the league stuck in the same place it was in early May.
Working with the NBA, Shelly Sterling cultivated a fever-pitch bidding process that led to one of the biggest sales in professional sports history. Ballmer, who had previously made bids on the Milwaukee Bucks and Sacramento Kings in an effort to move a team to Seattle, agreed to a $2 billion price roughly one month after NBA commissioner Adam Silver banned Donald Sterling for life.
Donald Sterling, who has owned the Clippers since 1981, was banished after TMZ leaked recordings of the 80-year-old real estate developer making racist remarks to his then-girlfriend/assistant V. Stiviano. Among other things, Donald disparaged Stiviano for associating with African Americans at Clippers games, specifically former Lakers star Magic Johnson.
"You can sleep with [black people]," Sterling said on tape. "You can bring them in, you can do whatever you want. The little I ask you is not to promote it on that...and not to bring them to my games."
Sterling has since apologized, notably in a tearful appearance on CNN's Anderson Cooper 360.
Nevertheless, the leaks created one of the most intense controversies in league history, as Silver tried to successfully navigate the legal requirements while dealing with unprecedented outside pressure. After consulting the league's bylaws, Silver banned Sterling just days after the recording leaked and began a termination-of-ownership process.
Should Ballmer pull out in September or Donald Sterling successfully challenge the sale in court, the NBA would then restart the disfranchising process. The league was scheduled to meet and vote on a formal removal of Donald Sterling on June 3, but the sale took that off the docket.
Three-fourths of NBA owners are required to approve a termination of ownership, according to the league constitution. Silver has been resolute in saying that he has the votes to oust Donald Sterling, but that the "preferred outcome" is a voluntary sale.
That may still take place. A court ruling in Shelly's favor would expedite the process, and Ballmer could be in power later this month. The probate trial is expected to take four days, per Bonsignore, leaving just enough time for a ruling before next Tuesday's meeting of NBA owners. Michael McCann of Sports Illustrated noted the process by which Judge Michael Levanas could rule in Shelly's favor:
During the hearing, Levanas will closely scrutinize the language of the Sterling trust and its procedures. He will assess whether the trust has been correctly interpreted and applied in good faith by both Sterlings. If Levanas identifies no procedural errors in the evaluations of Platzer and Spar, and finds no misconduct by Shelly Sterling, he would be inclined to hold for Mrs. Sterling.
Donald Sterling's only other possible recourse would be an appeal, though timing will again play a big factor considering the constricted window.
After an already drawn-out process, most parties involved are looking forward to a quick resolution that allows the league and Clippers franchise to move on from this ugly window. Whether that's an option—or whether we're headed to more months of controversy and in-court proceedings—will be decided in a Los Angeles probate court this week.
Follow Tyler Conway (@tylerconway22) on Twitter.