Jul 23, 2014, 10:59 PM EDT
History suggests opening multiple battle fronts tends to be a sign of desperation and a losing tactic in a war… but Donald Sterling is both desperate and a guy whose legal strategy seems to be to start as many battle fronts with the NBA as possible regardless of the chance of success. He just wants to be a disruptive bully and drag this out (for tax reasons).
However, the battle front that really matters in the Clippers sale is the probate case between Donald and his wife Shelly over the Sterling Family Trust (which owns the team). That’s the case where a judge will determine if Shelly and her lawyers followed the proper legal steps in having Donald declared incapacitated (which left Shelly as the lone trustee, and she set up the sale of the team). If Los Angeles County Superior Court Judge Michael Levanas rules for Shelly, the sale of the Clippers to Steve Ballmer for $2 billion most likely goes through quickly. If Donald wins he dissolves the Trust and tries to stall the sale process (although the NBA just has the other owners vote him out).
Wednesday’s testimony centered on an Alzheimer’s disease expert questioning the validity of the mental test on Sterling and the results of those tests. The judge became annoyed with this line of questioning reports the Times because both sides decided before the trial that Sterling’s mental status would not be the issue — rather what matters is if the rules were followed from the trust. The expert said he thought the rules were not because part of the assessment was too casual.
Closing arguments are Monday. The judge likely rules in the coming weeks.
This case is different from the anti-trust case filed last month and the new lawsuit seeking damages that Sterling has filed against the NBA. Both of those cases could potentially become a nuisance and at worst an embarrassment to the NBA, but despite in both cases Sterling asked a judge to block the sale of the team legal experts say that is highly unlikely in those cases.
In the probate case, most of the observers in the courtroom think the judge will side with Shelly. Which is what the NBA wants.
Talk of the worst-case scenario painted by Clippers interim CEO on the stand Tuesday — Doc Rivers and key players trying to bolt, sponsors leaving and others not coming in, a downward spiral, dogs and cats living together, mass hysteria — has never been a very likely outcome, mostly because the league would never let it come to that. If Donald Sterling does win the probate case the league will go back to Plan A and have the other owners just vote him out of the club (something the NBA can do if Sterling is deemed bad for business, and he is). The league is expected to move on that in mid-September if this case is still hanging out there.
Levanas will have ruled by then, but there are questions of the appeal (Levanas can say Shelly can sell the team during the appeal process).
Basically, we know how this movie is going to end, Donald Sterling will lose the Clippers, we just don’t know how we will get there yet.
Jul 30, 2015, 11:30 PM EDT
Hoiberg has a much stronger offensive reputation than Tom Thibodeau.
Jul 30, 2015, 10:43 PM EDT
Portland received Mike Miller and two second-round picks in addition to Haywood.
Jul 30, 2015, 10:00 PM EDT
Lieberman would be the second female assistant coach, after Becky Hammon
Jul 30, 2015, 9:15 PM EDT
Scott was charged with possession of marijuana and MDMA.
Jul 30, 2015, 8:30 PM EDT
Smith says he was talking more about family stability than money in his controversial comments.
Jul 30, 2015, 7:45 PM EDT
Huestis spent last season in the D-League.
Jul 30, 2015, 7:06 PM EDT
Could Gregg Popovich take his place in 2020?
Jul 30, 2015, 5:40 PM EDT
In what will be the last year for Duncan and Manu Ginobili, not to mention David West’s long career, there will be plenty of desperation and energy in San Antonio.
Jul 30, 2015, 4:49 PM EDT
Arenas suggests LeBron isn’t selfish enough.
Jul 30, 2015, 4:11 PM EDT
Spurs coach happily assigns credit
Jul 30, 2015, 3:25 PM EDT
Will Karl-Anthony Towns, Nikola Pekovic or Gorgui Dieng start beside him?
Jul 30, 2015, 2:33 PM EDT
Will he want it?
Jul 30, 2015, 1:48 PM EDT
Timberwolves apparently weren’t just going to trade Love for whatever they could get
Jul 30, 2015, 1:00 PM EDT
Suspending Patriots quarterback for a quarter of the season was bare minimum for Mavericks owner
Jul 30, 2015, 12:07 PM EDT
Jerry Colangelo said attendance was mandatory to be considered for 2016 Olympic team
Jul 30, 2015, 11:22 AM EDT
NBA commissioner confident Africa will get a preseason game
Jul 30, 2015, 10:31 AM EDT
Hawks wing says his leg and ankle feel better
Jul 30, 2015, 9:28 AM EDT
Philadelphia drafted Holmes in second round
Jul 30, 2015, 8:33 AM EDT
Barnes is a perfect fit in for the “grit and grind” style of the Grizzlies.
Jul 30, 2015, 8:00 AM EDT
Portland not making a call means they knew Aldridge was gone and it was time to rebuild.
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