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LOS ANGELES -- A trial will be held next month to determine

 
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BerichtGeplaatst: 26-02-2019 09:11:18    Onderwerp: LOS ANGELES -- A trial will be held next month to determine Reageren met citaat

LOS ANGELES -- A trial will be held next month to determine whether Donald Sterling, who opposes his estranged wifes planned sale of the Los Angeles Clippers, was properly removed as an administrator for the family trust that owns the team. Wholesale Air Max . A probate court judge in Los Angeles Wednesday denied Shelly Sterlings urgent request to confirm her authority as sole administrator of The Sterling Family Trust so that she can unilaterally proceed with a $2 billion sale of the team to former Microsoft CEO Steve Ballmer. Instead, the judge agreed to an expedited hearing because of looming sales deadlines. The development is the latest in a legal tug-of-war following the NBAs decision to ban Donald Sterling for life after racist remarks to a girlfriend were recorded and publicized. Donald Sterling is fighting the decision and suing the league for $1 billion. The league has contended the comments were bad for business and damaged both the Clippers and the NBA. The four-day trial was granted exceptionally quickly and will begin July 7. The deadline for the sale is July 15, which also is the date the NBAs owners hope to vote on whether they will approve the sale. Court filings Wednesday indicated the NBA has set a hard deadline of Sept. 15. If the sale isnt completed then, the league will undertake proceedings to seize and sell the team on its own. Donald Sterlings 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 on Wednesday in Miami at an NBA Cares event. The crux of the case will centre on the question of whether the 80-year-old Donald Sterling is mentally competent to be a co-trustee of The Sterling Family Trust, which gives him the authority to determine the teams future. According to the trusts terms, he can be ruled "mentally incapacitated" after being evaluated by two doctors, said Pierce ODonnell, Shelly Sterlings attorney. Shelly Sterling activated that clause in negotiating what would be a record-breaking deal with Ballmer as sole trustee. But Donald Sterling challenged the removal in a letter sent Monday to his wifes attorney said "any attempt to remove me as a Trustee of the Sterling Trust is invalid and illegal. Furthermore, any assertion that I am incapacitated... is false and without merit." According to court documents, two doctors examined Donald Sterling in May and concluded that he suffers from "mild cognitive impairment consistent with early Alzheimers Disease" or some other forms of brain disease after examining brain scans and having him undergo other tests. "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," concluded Dr. James E. Spar, who is affiliated with the division of geriatric psychiatry at UCLA. Sterling voluntarily went 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. A third doctor reviewed the two doctors findings as well as Sterlings brain scans and concurred with their conclusions that he "lacks the capacity to function as trustee." Donald Sterlings 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 doesnt mean you forget where your car keys are and youre incompetent," Blecher said. "There isnt the slightest evidence hes incapable of managing his affairs." Donald Sterling said in a statement that hes 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 Ive said previously, if Donald chooses to litigate against us, so be it," Silver said. "So its going to take longer than we had hoped for this transaction to close, but itll get done ultimately. Its just a question of time." Ballmers attorney, Adam Streisand, said he was pleased with the trial schedule and "confident that after the trial the court is going to bless this transaction." The NBAs general counsel, Rick Buchanan, warned in a court papers that if the judge didnt confirm Shelly Sterlings sole trusteeship and if 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 NBAs costs related to the legal proceedings that result. Buchanan said a recent independent survey of more than 500 Clippers fans 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 theyre hurt or embarrassed by his views and arent sure theyll continue supporting the league and its teams. He also cited NBA player worries about the impact for the team with the upcoming NBA draft. "Mr. Sterlings continued ownership is damaging the Clippers and NBAs relationships with existing and potential business partners and licenses," Buchanan 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. Shelly Sterlings court bid aims to have a judge confirm her authority as sole trustee to ensure the Ballmer sale moves forward. 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 hes incompetent," Blecher said. "Thats 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. Cheap Nike Shoes From China . The Suns termed Fridays surgery by team doctor Thomas Carter a success. No timetable was given for Bledsoes return but the team said in a news release that he "will pursue a possible return to action during the second half" of the season. Cheap Nike Air Max Shoes Wholesale . They have watched it from afar. And now they have seen it for themselves. http://www.cheapairmaxstore.com/ . Kelli Stack and Alex Carpenter also scored for the Americans, who avoided a repeat of Finlands upset at the Four Nations Cup in Lake Placid, N.Y., in November. Finnish goalie Noora Raty made 58 saves in that one, but the three-time Olympian could stop just 40 of 43 U.BANGKOK, Thailand -- Manny Pacquiaos trainer says the Filipino boxer will contemplate retirement if he fails to perform well against Brandon Rios this month. Freddie Roach said if the Rios fight "does not go well, we will seriously talk about his retirement," but that Pacquiao was training as well as ever for the Nov. 24 bout in Macau. Pacquiao is coming off successive defeats against Timothy Bradley in a much-criticized judges decision, and then a knockout at the hands of Juan Manuel Marquez. A third successive defeat would put his career at the crossroads, and while Roach said performance levels were more important than results, he acknowledged serious thought would have to be given to the future of "Pac-man" if he does not return to his best in Macau. Pacquiao is juggling his boxing career with responsibilities as a Philippines congressman and other outside interests, and defeat could see him turn his attentions fully to his commitments outside the ring. "If it does not go well, we will seriously talk about his retirement and possibly going to politics," Roach said in a teleconference on Wednesday. "Its really hard to say until we see the fight, but I will be the first one to tell him to retire, and we have an agreement that as soon as I tell him that, he will retire." However Roach said &quoot;I dont see him slipping in the ring at all. Wholesale Air Max From China. " The duo have been preparing in the southern city of General Santos City, which was not affected by the typhoon that hit the east coast of the Philippines last Friday. Roach said General Santos City remained hot and sunny as Typhoon Haiyan devastated more northern parts of the country, killing thousands and leaving more than half a million people homeless. His status as a national hero in the Philippines meant Pacquiao considered leaving the training camp to help relief efforts, but Roach said it was too close to the fight to alter preparations. "Its way too close to the fight, he needs to double down," Roach said, although he granted his fighter much of Wednesday off, giving him the chance to help out remotely. The brutal nature of the Marquez knockout, when Pacquiao fell face first to the canvas, raised questions about whether he could maintain the all-action, on-rushing style which propelled him to the top of boxing. Roach said he saw no sign of any inhibition or caution in his style so far during a scheduled 110 rounds of preparation. "I know people are skeptical about that. Manny is a realist. He accepts it. It does not bother him," Roach said. "If you dont think youre going to be knocked out, youve got the wrong sport." ' ' '
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