LOS ANGELES — A trial will be held next month to
determine whether Donald Sterling, who opposes his estranged wife’s
planned sale of the Los Angeles Clippers, was properly removed as an
administrator for the family trust that owns the team.
An attorney
for Shelly Sterling went to probate court Wednesday to request a trial
to confirm that as sole trustee she can proceed with the $2 billion sale
to former Microsoft CEO Steve Ballmer.
The development is the
latest in a legal tug-of-war that has ensued following the NBA’s
decision to ban Sterling for life after racist remarks he made emerged
in a recording in April. Sterling is fighting the decision and suing the
league for $1 billion.
The league has contended that Sterling’s comments were bad for business and damaged both the Clippers and
the NBA.
The
trial, which was granted exceptionally quickly, will begin July 7 and
last four days. The deadline for the sale is July 15, which is also the
date the NBA Board of Governors is scheduled to vote on whether it will
approve the sale.
Donald Sterling’s lawyer, Bobby Samini, left the
courthouse without comment after a clerk announced the trial schedule.
Neither Sterling was present.
"I just want to resolve this as
quickly as possible," NBA Commissioner Adam Silver told The Associated
Press in Miami on Wednesday, when he appeared at an NBA Cares event.
The
crux of the case will center on the question of whether the 80-year-old
Sterling is mentally competent to be a co-trustee of The Sterling
Family Trust, which gives him the authority to determine the team’s
future. According to the trust’s terms, he can be ruled "mentally
incapacitated" after being evaluated by two doctors, said Pierce
O’Donnell, Shirley Sterling’s attorney.
According to court
documents, three doctors examined Donald Sterling in May and concluded
that he suffers from "mild cognitive impairment consistent with early
Alzheimer’s Disease" or some other forms of brain disease.
One
doctor, James E. Spar, who is affiliated with the division of geriatric
psychiatry at UCLA, said he believes "Mr. Sterling is at risk of making
potentially serious errors of judgment, impulse control and recall in
the management of his finances and his trust."
"In my opinion he
is substantially unable to manage his finances and resist fraud and
undue influence, and is no longer competent to act as trustee of his
trust," Spar concluded.
Dr. Stephen L. Read, who also specializes
in geriatric and forensic psychiatry in Los Angeles, said that X-ray and
CT scans of Sterling’s brain conducted May 16 showed "mild atrophy" of
brain tissue.
Read said personal opinion and the statements of
other doctors provide "solid grounds for the determination that Mr.
Donald T. Sterling lacks the capacity to function as trustee of the
Sterling family estate."
A third doctor, Meril S. Platzer, said
during his examination Sterling was unable to spell the word "world"
backward. He was unaware of the season, couldn’t recall two objects
after three minutes and had difficulty initially drawing a clock.
"The score is below normal for his age and advanced education," Platzer said.
She
concluded that Sterling is unable to reasonably carry out the duties as
lead trustee because of impaired information processing and short-term
memory, among other problems.
Sterling had voluntarily gone to the
doctors at the request of his wife, according to a person with
knowledge of the proceedings who spoke on condition of anonymity because
they were not authorized to discuss the details publicly.
Donald Sterling’s attorney Maxwell Blecher contested the doctors’ findings in remarks Tuesday to The
Associated Press.
"Anybody
at his age level on a brain scan would probably show some impairment.
But that doesn’t mean you forget where your car keys are and you’re
incompetent," Blecher said. "There isn’t the slightest evidence he’s
incapable of managing his affairs."
Donald Sterling said in a
statement that he’s not just fighting for the Clippers but taking a
stand against the NBA, which he called "a band of hypocrites and
bullies" and "despicable monsters" who want "to take away our privacy
rights and freedom of speech."
"As I’ve said previously, if Donald
chooses to litigate against us, so be it," Silver said. "So it’s going
to take longer than we had hoped for this transaction to close, but
it’ll get done ultimately. It’s just a question of time."
Shelly
Sterling recently brokered what would be a record-breaking $2 billion
deal with Ballmer to sell the team.
Ballmer’s attorney, Adam Streisand,
said he was pleased with the trial schedule.
"We’re extremely
encouraged that the court understands the need for an expedited hearing.
We’re confident that after the trial the court is going to bless this
transaction," Streisand said.
The NBA’s general counsel Rick
Buchanan said in a court filing Wednesday warning that if the judge
didn’t confirm Shelly Sterling’s sole trusteeship and her deal with
Ballmer "is not promptly consummated there will be substantial harm" to
the Clippers, the NBA and even The Sterling Family Trust — the last of
which would be responsible for the NBA’s costs related to the legal
proceedings that result.
He said a recent survey of more than 500
Clippers fans by an independent expert found the majority would be less
likely to support the team if Donald Sterling remained its owner.
Buchanan said thousands of NBA fans worldwide have contacted the league
directly or via social media to say they’re hurt or embarrassed by his
views and aren’t sure they’ll continue supporting the league and its
teams. He also cited NBA player worries about the impact on the team
attracting players during the upcoming NBA Draft.
"Mr. Sterling’s
continued ownership is damaging the Clippers’ and NBA’s relationships
with existing and potential business partners and licenses," Buchanam
wrote. He said nearly all of the Clippers’ local sponsors have
terminated or suspended their relationships with the team, including
adidas, Commerce Casino and Hotel, Red Bull, Mandalay Bay Hotel, Virgin
America and Mercedes.
The aim of Shelly Sterling’s court bid is to
have a judge confirm provisions of the trust to ensure the Ballmer sale
moves forward. Donald Sterling has the right to present his side at any
hearing and appeal any decision. Blecher said that a representative for
Donald Sterling would be at any hearing, and that the next step is to
have other doctors evaluate Donald Sterling.
"I have no doubt at
the end of the day the court is not going to say he’s incompetent,"
Blecher said. "That’s a very high burden in the probate court —
otherwise people would get their sisters and wife and brother-in-laws
and everybody declared incompetent."
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