I dont think a court will care, what they will care about is whether he is competent. Since he objected before any action could be taken the court can prevent the wrong from being done, and it is morally obligated to do so....
What should happen is the court orders a new evail with someone they trust, and that evail is the one that decides. If he is competent then he gets to direct his share of the trust no matter what the trust documents call for by way of removing his authority.
The attorneys in the case agreed Monday that Donald Sterling's mental competency will no longer be an issue in next week's trial to determine whether Shelly Sterling had the authority to sell the Los Angeles Clippers to former Microsoft CEO Steve Ballmer.
Instead, the trial will first focus on whether she followed the provisions of the family trust regarding competency -- which required two experts to submit letters in writing that he was not competent to conduct his own legal and business affairs -- and whether she has a responsibility to complete the sale after Donald Sterling revoked the trust on June 9.
Shelly Sterling's lawyer Pierce O'Donnell appeared with Ballmer's lawyer Adam Streisand after Monday's hearing and argued that she had a responsibility to complete the sale or the trust would have a liability from Ballmer -- who could sue for breach of contract.
The attorneys agreed to narrow the focus after Judge Michael Levanas said in court that he was not inclined to delay the July 7 hearing to accommodate a doctor who had been retained by Donald Sterling. The doctor could not be present during next week's trial because of previous professional obligations and travel plans.
A key part of Donald Sterling's legal strategy, Samini said, will be to argue that the findings of the first doctor, Meril S. Platzer, were compromised by her social interaction with the Sterlings after the exam.
Samini said he was present during the social interaction at the Polo Lounge, which is inside the Beverly Hills Hotel across the street from Sterling's Beverly Hills residence.
In previously filed court documents, it was revealed that Donald Sterling submitted to CT and PET scans at Cedars-Sinai Hospital in Los Angeles on May 16 and neurological examinations May 19 and 22. On the same day he submitted to the second neurological examination at his house, Donald Sterling sent a letter to the NBA informing it he'd consented to give his wife the authority to negotiate a sale of the team.
Gary Ruttenberg, another attorney for Donald Sterling, argued in court Monday that the letter on May 22 was not a blanket authorization for Shelly Sterling to sell the team but simply a consent to let her negotiate with the NBA.
Pierce O'Donnell, the lawyer for Shelly Sterling, said after the hearing that he was confident his client had followed the provisions of the trust and there were no grounds to argue she'd unduly influenced the doctor's diagnoses, as Donald Sterling had consented to allow her to negotiate the sale after both examinations had been performed.
Sterling trial set for Monday, Donald's competency no issue
David Leon Moore, USA TODAY Sports
June 30, 2014
LOS ANGELES – Next week's Sterling vs. Sterling probate trial, with the proposed $2 billion sale of the Los Angeles Clippers hanging in the balance, will not be about whether 80-year-old Donald Sterling can spell "world" backwards or draw a clock.
The lawyers representing Donald and Shelly Sterling, asked Monday by Judge Michael Levanas to work out a trial outline, returned to court and said they had stipulated that Donald Sterling's mental capacity was no longer an issue.
Levanas denied Donald's lawyer's request for a continuance, so the trial will begin July 7, and will focus on two issues:
*Did Shelly Sterling properly comply with the terms of the Sterling Family Trust in having Donald removed as a co-trustee, or was Donald defrauded by Shelly and/or two doctors who examined him and found him to be mentally incapacitated?
*After Donald exercised his right to revoke the trust agreement on June 9, did Shelly have the legal right to go ahead with the sale of the Clippers to billionaire former Microsoft CEO Steve Ballmer?
The first question will involve the details of how Sterling was examined and how the two doctors – Meril S. Platzer and James E. Spar – came to their conclusions, as well as an examination of the letters they wrote regarding Sterling's condition and whether those letters conform to the terms of the trust.
The second question is likely a legal argument about how a revoked trust is handled in a complicated situation like this, involving a $2 billion sales contract.
Shelly's lawyers claimed victory.
"We're very pleased the judge has agreed with us that this trial should have a very limited focus," attorney Pierce O'Donnell said.
Lawyer Adam Streisand, representing Ballmer, said, "They always wanted to make this about Donald's capacity. They backed off."
Bobby Samini, one of Donald Sterling's attorneys, said, without getting into specifics, that he will show that the medical examinations of Donald arranged by Shelly were "not complete, that there was fraud and that the letters (the doctors' findings) do not conform to the terms of the trust."
Donald was found to be mentally competent in a medical evaluation over the weekend, Sterling's lawyer, Maxwell Blecher, told USA TODAY Sports.
"As you might have expected, he has a contrary view," Blecher said.
Sterling was examined by Dr. Jeffrey Cummings, who has been identified by lawyers as a potential witness in the trial.
Blecher said he was told by his legal team that the evaluation showed that Sterling showed no lack of mental capacity but did show signs of mild cognitive impairment – a common condition considering his age, he said.
But Donald's lawyers ultimately abandoned the idea of asking the court to make a ruling on Donald's competency and focused instead on poking holes in Shelly's doctors' examinations.
Earlier Monday, Sterling's lawyers filed papers with the court alleging that Shelly had "duped" and "blindsided" her husband in the process of having two doctors certify in writing that he is mentally incapacitated.
Shelly, in complying with the terms of the trust, used those medical opinions to remove Donald as a co-trustee, then agreed to sell the Clippers to Ballmer.
LOS ANGELES -- A judge ruled against Los Angeles Clippers owner Donald Sterling on Monday in
his attempt to block the $2 billion sale of the Clippers to former Microsoft CEO Steve Ballmer.
In the tentative ruling, Superior Court Judge Michael Levanas sided with Sterling's estranged wife
Shelly Sterling, who burst into tears when the ruling was announced.
"I can't believe it's over. I feel good," she said.
Shelly Sterling negotiated the sale of the team after the 80-year-old billionaire was banned by
the NBA for making offensive remarks about blacks.
She sought approval from a probate judge for the deal she struck after removing her husband from
the trust that owned the team when doctors found he had signs of Alzheimer's disease and couldn't
manage his affairs.
Donald Sterling claimed his wife deceived him about the medical exams.
He later revoked the trust after she negotiated the record-setting sales price and his lawyers argued
that the move killed the deal. They said the case didn't belong in probate court because the trust
had been dissolved.
The ruling in Los Angeles County Superior Court is unlikely to put an end to the bizarre saga that
began in April when a recording surfaced of Sterling scolding his young girlfriend for bringing
black men to Clippers games. The NBA moved quickly to ban Sterling for life and fined him $2.5 million.
Left unsaid was the inescapable fact that the Lakers pose no threat of adding to their trophy case anytime soon.
With injuries sidelining Bryant for all but six games last season, the Lakers endured a hellish season, compiling a 27-55 record — their worst in franchise history.
The Lakers had millions to spend in free agency to restore the team’s shine, but they whiffed. They pursued Carmelo Anthony by dangling, in no
particular order, the lure of Hollywood; a contract worth $96 million; and the opportunity to team up with the aging Bryant. Anthony chose to return to the Knicks.
Like much of the league, the Lakers also dreamed of signing LeBron James, whose dalliance with free agency ended when he opted for a homecoming with the Cleveland Cavaliers. James never seriously considered the Lakers, who were left to reassemble their roster from whatever pieces they could find.
Nick Young and Jordan Hill got new deals. They claimed Carlos Boozer after he was amnestied by the Chicago Bulls. They acquired Jeremy Lin in a deal with the Houston Rockets. And they still have Bryant, who is facing legitimate questions about the long-term health, not to mention his legacy. Bryant is poised to close out his career alongside a collection of players from the Island of Misfit Toys.
It would be a sad coda to an extraordinary career.
But rather than focus on the uncomfortable present, the Lakers appear determined to reach back into their storied past for a bit of magic pixie dust. With the Showtime stars, a bit grayer and heavier, assembled once again, the symbolism on Tuesday was stark.
The Lakers want to comfort themselves with the way things used to be, while the Clippers, eagerly, look ahead.
Steve Ballmer new Clippers owner
The Los Angeles Clippers officially have a new owner.
Steve Ballmer's bid to purchase the team closed Tuesday after the entry of an order by a California court
confirmed the authority of Shelly Sterling to sell the team on behalf of the Sterling Family Trust, the league
The NBA's board of governors previously approved the sale of the franchise to Ballmer, the former Microsoft
CEO who bid $2 billion for the team in May. Sources tell ESPN's Ramona Shelburne that league owners voted
to approve the sale of the team to him on July 15.
Drafts of the Clippers' sale bid book, given to bidders by Bank of America and obtained by ESPN.com, revealed
that the $2 billion price paid would be 12.1 times the expected 2014 revenues of the team. The bid book
noted that the highest previous sale was the record that Ballmer beat, the Milwaukee Bucks, who sold for
$550 million this year and a then-record five times total revenue.
In May, Ballmer defended the amount of his bid in an interview with the Los Angeles Times, saying he would be
paying, in part, for the Clippers' potential value.
"I've got big dreams for the team," he told the Times. "I'd love to win a championship. I'd love the Clippers to
be the most dynamic, vibrant team and name in professional sports.
"The only way any of this makes sense -- my desire to spend time in Los Angeles, this team, its aspirations, this
community, this purchase price, any of that -- is to really live out the dream and make this kind of America's team."
A league source confirmed a Los Angeles Times report Tuesday that the NBA has filed a counterclaim
against Donald Sterling, asserting that the former owner has caused "devastating and incalculable harm"
to the league.
The counterclaim, filed Monday in U.S. District Court in Los Angeles, seeks damages and expenses related
to the league's investigation of Sterling and its defense of the former owner's federal lawsuit. It also calls for
enforcement of two separate agreements indemnifying the NBA against losses and litigation costs. One was
signed by Donald Sterling in July 2005, the league asserts in its counterclaim. The other was signed by
Shelly Sterling when the NBA dropped its pursuit of a forced sale and agreed to allow her to pursue the
deal with Ballmer.
Attorney: Donald Sterling agrees to sell Clippers
Los Angeles Clippers owner Donald Sterling agreed Wednesday to sign off on selling the team
he's owned for 33 years to former Microsoft CEO Steve Ballmer for $2 billion, bringing the
possibility of a resolution to weeks of rumors, uncertainty and looming possibilities for legal
The agreement hadn't been officially signed Wednesday afternoon, according to an individual
with knowledge of the negotiations who wasn't authorized to discuss them publicly. But Donald
Sterling's attorney, Maxwell Blecher, said he "has made an agreement with the NBA to resolve
all their differences." Sterling gave his consent to a deal that was negotiated by his wife, Shelly
Sterling, to sell the team, Blecher said.
Representatives for Shelly Sterling and the NBA declined to comment.