Donald Sterling, Rochelle Sterling

How Shelly Sterling took control of the Clippers from Donald Sterling

21 Comments

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.

Westbrook hits game-winner as Thunder beat Jazz 97-95 (VIDEO)

Leave a comment

SALT LAKE CITY (AP) —  Russell Westbrook hit a pull-up jumper with 1.4 seconds left, and the Oklahoma City Thunder stopped Utah’s six-game win streak with a 97-95 victory over the Jazz on Monday night.

Westbrook took over down the stretch and scored 11 of the Thunder’s final 13 points after going cold in the third quarter. He finished with 38 points, 10 rebounds and 10 assists for his 22nd triple-double of the season.

Alec Burks missed the final shot for the Jazz as time expired.

Victor Oladipo scored 18 for Oklahoma City.

Gordon Hayward led Utah with 17 points.

The Jazz rallied in the third quarter with a 13-0 run to take a 66-60 lead, but the Thunder pulled within three early in the fourth thanks to five straight points from Oladipo.

The Thunder took a 56-53 lead into halftime after Westbrook dominated the second, The dynamic point guard scored 14 in the quarter to give him 22 at the break.

TIP-INS

Thunder: Steven Adams returned from a two-game absence due to a concussion. … Reserve Enes Kanter scored 14 against his former team.

Jazz: Hall of Fame coach Jerry Sloan sat with his Hall of Fame point guard John Stockton during the game.

STAYING PUT

The Jazz announced Monday that ownership of the team and Vivint SmartHome Arena has been transferred from Gail Miller to a legacy trust in a move that ensures the team will remain in the family for generations. Miller said the primary reason for the transfer is to make sure the team stays in the state.

HOOD UPDATE

Rodney Hood missed his fourth consecutive game with a right knee hyperextension and bone bruise.

“The original timeline was 2-4 weeks and, as far as I know, he’s on track with that,” Jazz coach Quin Snyder said. “He’s been in getting treatment and starting to do some work on the court. They’re doing all the different measurements and balance tests and all those things.

“He’s making good progress. But I don’t know if that means we’re going to see him later this week or next week. There’s another phase there to clear him for some more competitive stuff … and see how he’s feeling. But right now he’s feeling good.”

Terrence Jones scores 36, leads Pelicans past Cavaliers 124-122

Leave a comment

NEW ORLEANS (AP) — Terrence Jones filled in brilliantly for injured All-Star Anthony Davis, scoring a season-high 36 points, grabbing 11 rebounds and blocking LeBron James‘ dunk attempt in the fourth quarter, and the New Orleans Pelicans beat the Cleveland Cavaliers 124-122 on Monday night.

Jrue Holiday added 33 points and 10 assists for the Pelicans, and Langston Galloway capped a 12-point night with a clean steal on James’ drive in the final minute, preventing the Cavs from erasing a deficit they had trimmed from 22 late in the first half to three with 1:32 left in the game.

Kyrie Irving scoring 35 of his 49 points in the second half, but the Cleveland fell to its fifth loss in seven games. James had 26 points, 12 assists and 10 rebounds.

Two of Cleveland’s recent losses came against Western Conference leaders Golden State and San Antonio, but two others have come against teams currently outside the playoff picture in the West: New Orleans and Portland.

Kevin Love had 22 points for Cleveland, which could not quite keep pace with a Pelicans squad that tied a season high for 3-pointers with 16 and shot 49.4 percent (43 of 87).

Donatas Moteijunas scored 14 for New Orleans, while Dante Cunningham scored 11. Each hit a pair of 3s.

The Cavs drained 15 3s, eight by Irving, whose step-back jumper from long range had Cleveland within three with 21 seconds to go, but the Cavs got no closer until Love’s anticlimactic 3 in the final second.

Embarrassed in a 29-point loss to NBA-worst Brooklyn at home on Friday, the Pelicans were eager for a chance to redeem themselves with a competitive showing against the defending champs. That did not appear likely when New Orleans announced less than an hour before tip-off that Davis would be unable to play because of his right leg bruise lingering from a collision with the Nets’ Spencer Dinwiddie.

Coach Alvin Gentry inserted Jones for Davis as the starting center, and he responded with arguably the most dynamic half of play in the fifth-year veteran’s career. He hit all eight of his shots in the first half, scoring 22 points on an array of jumpers – including two 3s – weaving drives and feisty put-backs.

Holiday, meanwhile, got into an equally prolific rhythm, hitting three 3s and highlighting several impressive drives to the hoop with a two-handed dunk. Holiday’s pullup jumper from just inside the 3-point line with 6 seconds left in the second quarter gave him 22 points and New Orleans a 22-point lead, and Holiday pumped his fist while one of the biggest crowds of the season went wild.

In the last second of the half, James executed a long inbound pass to Love, who converted a quick-release layup to make it 70-50.

TIP-INS

Cavaliers: Coach Tyronn Lue was assessed a technical foul by official Leroy Richardson after the coach chastised Richardson for a late whistle giving Moteijunas free throws following a missed layup. … The Cavs won the teams’ only other meeting this season, 90-82 in Cleveland on Jan. 2. … Irving slung in what would have been a sensational, off-balance, one-handed shot from about 30 feet, but it didn’t count because it came too late after Irving was fouled by Tyreke Evans as the pair pursued a loose ball near mid-court.

Pelicans: New Orleans improved to 2-2 without Davis in the lineup. … G E'Twaun Moore, who is 6-foot-4, delighted the crowd by rejecting the 6-8 James near the basket in the first half. … New Orleans shot 60.5 percent (26 of 43) in the first half.=

 

Heat’s Dion Waiters drains game-winning three to knock off Warriors (VIDEO)

Leave a comment

Last week Golden State crushed Cleveland, Oklahoma City, and Houston.

But none of those teams had Dion Waiters.

The final three of Waiters’ 33 points came on a deep pull-up three with 0.6 seconds left to give Miami a 105-102 upset of the Warriors. Waiters shot 13-of-20 overall and 6-of-8 from three.

This was a night the Warriors just could not get the three ball to fall, shooting 8-of-30 (26.7 percent) from deep. This ended Golden State’s seven-game win streak and extended the Miami win streak to four.

Joakim Noah with as ugly a free throw as you’ll see. And he knows it. (VIDEO)

2 Comments

Joakim Noah used to be a good free throw shooter, he’s hit 70 percent for his career. But he’s shooting just 42.9 percent this season.

And no miss was uglier than the one Monday night against the Pacers.

The best part of this airball was Noah’s reaction — he knew it was bad the second he let it go.

If you want to draw parallels with the Knicks’ season, go for it.