TSN TV Schedule TSN2 TV Schedule
NBA

Clippers' sale hinges on trust law, not Sterling mental capacity

{eot}
The Canadian Press
6/30/2014 9:03:54 PM
Decrease Text SizeIncrease Text Size
Text Size

LOS ANGELES, Calif. - The $2 billion sale of the Los Angeles Clippers will hinge on the technicalities of family trust law and whether Donald Sterling's estranged wife had the right to unilaterally negotiate a deal with former Microsoft CEO Steve Ballmer.

The July 7 trial will look at the trust's terms alone and not focus on whether the 80-year-old Sterling is mentally incapacitated, Superior Court Judge Michael Levanas said Monday.

Attorneys will argue about whether Shelly Sterling properly followed the terms of the trust in declaring Donald Sterling to be mentally incapacitated and what happens to a deal that hasn't been closed once a trust is revoked.

Shelly Sterling struck a deal to sell the team to Ballmer in May after Donald Sterling's racist remarks to a girlfriend were publicized and the NBA moved to oust him as an owner.

She had two doctors examine her husband and they declared that he was mentally incapacitated and unable to act as an administrator of The Sterling Family Trust, which owns the Clippers. The terms of the trust say incapacitation can be determined by two licensed doctors without ties to the family who are specialists in their field.

In court filings, Donald Sterling's attorneys argued that he submitted to medical examination under false pretenses, there was undue influence in the doctors' findings, and that the examination and letters regarding his mental capacity were defective and incomplete.

"There was no duping," Shelly Sterling's attorney Pierce O'Donnell said Monday. Donald Sterling voluntarily went to Cedars Sinai Imaging Center to get scans of his brain and there was no requirement to remind Donald Sterling, who is an attorney, or his legal team of the trust's conditions, O'Donnell wrote in court filings.

The judge said another issue likely to be "front and centre" during the trial is what happens to a deal that hasn't been closed when a trust is revoked. Donald Sterling revoked the trust on June 9 — weeks after Shelly Sterling negotiated the deal with Ballmer.

Shelly Sterling's attorneys contend that finishing the deal is part of winding down the trust's affairs and that she has an obligation to close the deal or Ballmer will sue.

But Donald Sterling's attorneys argue that a revocation means probate court has no jurisdiction and that winding down affairs refers to passive actions, not a sale that markedly changes the assets in the trust and its value.

Timing has been an issue throughout the proceedings and the judge denied the request by Donald Sterling's attorneys to postpone the trial. An expedited timetable was put forward from the beginning because NBA owners must approve what would be a record breaking deal and are scheduled to meet July 15 to vote.

That's the same day Ballmer's offer is set to expire — and there is no deal without the judge's approval of the sale.

If the sale isn't completed by Sept. 15, the league said it could seize the team and put it up for auction.

___

Tami Abdollah can be followed at http://www.twitter.com/latams



Big Tour

A Historic Event

It was Canada's night at the NBA Draft as four players from north of the border were selected.


1. Andrew Wiggins - Cavaliers

8. Nik Stauskas - Kings

18. Tyler Ennis - Suns

45. Dwight Powell - Hornets


2014 NBA Draft Tracker

Social Media
twitter icon

Follow the Raptors and Raptor play-by-play man Matt Devlin on Twitter! Check out the latest Tweets!

Podcasts

TSN 1050: 1On1 With Will & Duane - July 27th 2014

Will & Duane fill the lanes with new friends of the program Aggrey Sam/CSN Chicago & Tony McIntyre/CIA Bounce along with the News, Views & Truths.

TSN 1050: 1On1 With Will & Duane - July 20th 2014

Will & Duane are Wiggin' out on the LBJ-Love Triangle, Canada Basketball team dilemma, Summer League Love/Hate & the News, Views & Truths

TSN 1050 Toronto: Game Night with Andy McNamara - Will Strickland - July 20

Will joins the show to chat some hoops during a busy NBA offseason. Wiggins/Love talks, LeBron's return to Cleveland & what the Raptors accomplished.


More Podcasts

© 2014
All rights reserved.
Bell Media Television