AP Photo/Mark J. Terrill
Wednesday, June 11, 2014 | 5:09 p.m.
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."
AP Basketball Writer Tim Reynolds in Miami contributed to this report.