Donald Sterling, Rochelle Sterling

How Shelly Sterling took control of the Clippers from Donald Sterling

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Donald Sterling won’t agree to sell the Clippers.

Does he need to for the sale to happen?

Shelly Sterling says no.

It’s not due to a letter Donald sent before rescinding its message. It’s because he was rule mentally incapacitated.

How did that happen?

Scott Cacciola of The New York Times:

Pierce O’Donnell, Mrs. Sterling’s lawyer, turned to a roomful of lawyers, investment bankers and financial advisers and said, “Time to go to Plan B,” according to advisers who were in the room.

It was a reference to a provision in the trust that controlled the Clippers that stipulated that if Mr. or Mrs. Sterling was found to have a cognitive impairment, the other had a fiduciary responsibility to become sole trustee.

That legal maneuver, so closely held that some of Mrs. Sterling’s advisers were unaware it existed, capped a hectic, weekslong effort to wrest control of the team from Mr. Sterling.

Mrs. Sterling has maintained that she was unaware of the provision until late in the process, according to her advisers. But on May 13, the day after she watched her husband give a rambling interview to Anderson Cooper of CNN, she called Mr. Sterling and urged him to undergo neurological testing, according to people with knowledge of the conversation. She told friends that she was motivated by concern for her husband.

Mr. Sterling agreed to an appointment for that Friday, May 16, at Cedars-Sinai Medical Center. 

Mr. O’Donnell, her lawyer, was well aware of the legal ramifications of the hospital visit, according to participants in the negotiations. Medical documentation of Mr. Sterling’s condition could allow Mrs. Sterling to take control of the trust. This was “Plan B.”

The doctors’ conclusions were clear, according to participants who have reviewed the records: A neurologist affiliated with U.C.L.A. Medical Center and another from the San Fernando Valley found Mr. Sterling to be affected by cognitive impairment.

From the perspective of her legal team, that documentation was the weapon they needed to strip the team from Mr. Sterling.

Mr. O’Donnell faxed papers, along with the doctors’ reports, to Mr. Sterling’s lawyer, Maxwell M. Blecher, that informed him that Mrs. Sterling was now the sole trustee, according to people briefed on the negotiations.

Mr. O’Donnell then called Richard Buchanan, the N.B.A.’s general counsel. Mr. Buchanan and other league officials had reviewed the doctors’ reports, according to people briefed on the negotiations.

If it really is that easy for Donald to lose control of the trust – Shelly didn’t even need to establish his mental condition in court first – his lawyers failed him when they wrote the trust agreement. They failed him again when they allowed him to make that May 16 appointment.

The only possible significant outcome was Donald losing his control of the trust. If he’d been found fully competent, nothing would have changed. If there were real concerns about his health, his lawyers should have ensured nobody but Donald could get access to his private medical records.

If you believe Shelly didn’t know what she was doing when she urged Donald to to the hospital… well, don’t be so gullible.

Either way, Shelly is getting half of the sale value. But by running the search herself, she did it on her terms. She negotiated a deal that gives her ties to the Clippers – tickets, parking and control of the team’s charitable foundation. Another perk for Shelly, as reported by Cacciola: three championship rings if the Clippers win an NBA title.

Of course, Donald’s lawyer says the medical tests were inconclusive. They can try to establish that in court.

But for now, even after NBA review, Shelly is in charge. All she had to do – whether or not she knew it (wink, wink) – was convince her husband she was concerned about his well-being. The doctors and lawyers took care of the rest.

One more look back: Top 10 clutch shots of season to this point

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The opening weeks of the season have seen some dramatic finishes — and for a Saturday night, why not watch a compilation of them? What else were you going to do? You’ve got 3:30 to sit through these.

Who got the top spot? Marc Gasol? Damian Lillard? Al Horford? John Henson? If we told you it would just destroy the surprise.

Like crossovers? Check out Top 10 handles of NBA season so far

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It’s not really fair if you ask Nemanja Bjelica to cover Stephen Curry in space, but it does make for a good highlight.

On a nice slow Saturday afternoon around the NBA, let’s take a look at the top 10 handles moves of the season so far, courtesy NBA.com. Of course, there is some wickedness from James Harden, Derrick Rose, and Chris Paul, too. But I’m good with Jordan Clarkson in the top spot.

Watch Giannis Antetokounmpo find Jabari Parker for the slam

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I want the Giannis Antetokounmpo and Jabari Parker combo to work better than it does. The Buck get outscored by 2.3 points per 100 possessions when those two are on the court together, with neither end of the court working terribly well.

And yet, there are flashes — like the play above — where you think this could start to work. It just may need more time (and getting Khris Middleton back in the mix would help).

Antetokounmpo is having a phenomenal season, and is making plays.

Draymond Green fires back at league: “It’s funny how you can tell me… how my body is supposed to react”

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It’s not hard to find out how Draymond Green felt after picking up a flagrant foul Thursday night when his leg flew up after a foul and caught James Harden in the face. Just go to his Twitter feed.

Saturday at Warriors’ practice, Green expanded on the subject, here’s the video via Anthony Slater of the San Jose Mercury News.

If you prefer to read are Green’s comments transcribed:

“I just laugh at it. It’s funny how you can tell me how I get hit and how my body is supposed to react. I didn’t know the league office was that smart when it came to body movements. I’m not sure if they took kinesiology for their positions to tell you how your body is going to react when you get hit in a certain position. Or you go up and you have guys who jump to the ceiling. A lot of these guys that make the rules can’t touch the rim, yet they tell you how you’re way up there in the air which way you’re body (is supposed to go). I don’t understand that. That’s like me going in there and saying, ‘Hey, you did something on your paperwork wrong.’ I don’t know what your paperwork looks like. But it is what it is. They made the rule. Make your rule. I don’t care. But if you’re going to say it’s an unnatural thing, an unnatural act, no offense to James Harden, but I’ve never seen nobody up until James started doing it that shoots a layup like this under your arm (sweeps arms in a demonstration). That’s really not a natural act either. That’s not a natural basketball play either. But, hey, if you’re going to make a rule, make a rule. But if you’re going to take unnatural acts out the game, then let’s lock in on all these unnatural acts and take them out the game. I don’t know. Let them keep telling people how their body react I guess. They need to go take a few more kinesiology classes though. Maybe they can take a taping class or functional movement classes. Let me know how the body works because clearly mine don’t work the right way.”

Two things.

First, Green should know that the ultimate hammer on NBA fines is Kiki Vandeweghe — former NBA player, two-time All-Star, who also coached in the league. You want a guy with a players’ perspective making the call? You already have it. And Vandeweghe played in a far more physical era than this one.

Second, the flagrant was not issued because of intent but because of the action — if you kick a guy in the face, it’s a flagrant foul. There’s no gray area here, and officials shouldn’t have to guess a player’s intent. When Green went up he was fouled by Harden, and to maintain his balance Green flailed his legs out, something he has done plenty and other players going back decades have done too. That doesn’t mean it’s not reckless. That doesn’t mean a player is still not responsible for his body. Ask soccer officials about this same issue — get your leg above the waist with other players around and it can be called a “dangerous play.” In the NBA, if your leg flies up and hits a guy in the face, it’s a flagrant foul. Whether or not you meant to do it.

Green knows the league is cracking down on this. He knows he’s a target. It’s on him to change. One would think the Finals would have taught him that lesson.