NBA/SILVER: STERLING BANNED FOR LIFE (Latest update, pg 70)
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Aeneas Hunter
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PostPosted: Mon Jul 28, 2014 5:51 pm    Post subject:

LakerSanity wrote:
The writ is just another way of saying appeal.


I think he means a writ of mandamus, or whatever you call it in California procedure.

For the non-lawyers: A writ of mandamus is a request to an appellate court for extraordinary relief from a trial court ruling, even in advance of an appeal. He would be challenging the 1310 ruling by mandamus, I assume. The 1310 ruling is the part about how Shelly can sell right now and Donald can only sue for damages if he wins on appeal. It would take a California lawyer to discuss the prospects of an appellate court even considering mandamus relief in this context.
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PostPosted: Tue Jul 29, 2014 9:03 am    Post subject:

Anyone else find it ironic that Sterling is removed after things actually start going right for the Clippers where it matters most?
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PostPosted: Tue Jul 29, 2014 9:21 am    Post subject:

Thanks LS/AH!
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PostPosted: Tue Jul 29, 2014 10:17 am    Post subject:

Aeneas Hunter wrote:
LakerSanity wrote:
The writ is just another way of saying appeal.


I think he means a writ of mandamus, or whatever you call it in California procedure.


Yea, same thing. Although, I'm surprised its a writ rather than an appeal. They basically ask for the same kind of relief, but given the finality of the court's ruling, an appeal would seem to be the actual instrument. However, I'll leave that distinction to the certified appellate specialists out there.
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PostPosted: Tue Jul 29, 2014 1:30 pm    Post subject:

Agreed. If something like this happened in my practice, I would consider filing the appeal and moving for a stay. In this context, however, mandamus might be the only remedy.
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PostPosted: Tue Jul 29, 2014 4:40 pm    Post subject:

Not speaking about the lawyers in this forum, asking. Are Sterling's lawyers milking the cash cow?
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PostPosted: Wed Jul 30, 2014 6:04 pm    Post subject:

I haven't checked LG in a couple of days, nor kept up with the Sterling mess during the past couple of days, but LS and AH covered it quite well.

I'll just add one thing. Writs are granted extremely rarely. And that's a disservice to both the words "extremely" and "rarely."
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PostPosted: Thu Jul 31, 2014 5:05 am    Post subject:

LINK

Donald Sterling to keep up fight over Clippers, attorney says

Quote:
Shelly Sterling's victory Monday included Levanas' invoking section 1310(b) of the probate code that allows the sale of the Clippers to Steve Ballmer regardless of any appeal by Donald Sterling.


LINK

Quote:
(b) Notwithstanding that an appeal is taken from the judgment or
order, for the purpose of preventing injury or loss to a person or
property, the trial court may direct the exercise of the powers of
the fiduciary, or may appoint a temporary guardian or conservator of
the person or estate, or both, or a special administrator or
temporary trustee, to exercise the powers, from time to time, as if
no appeal were pending. All acts of the fiduciary pursuant to the
directions of the court made under this subdivision are valid,
irrespective of the result of the appeal. An appeal of the directions
made by the court under this subdivision shall not stay these
directions.


LINK

Why Donald Sterling can't appeal the sale of the Clippers
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PostPosted: Thu Jul 31, 2014 6:28 am    Post subject:

Yes, it does not seem his attempt at an injunction will work either.
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PostPosted: Fri Aug 08, 2014 7:21 pm    Post subject:

Still hope for Donald Sterling after judge vacates order allowing sale

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In his latest attempt to salvage ownership of the Los Angeles Clippers, Donald Sterling petitioned a California appellate court on Friday to prevent the NBA from approving the sale of the team to Steve Ballmer for $2 billion. The petition was premised on Sterling’s fear that the NBA is on the verge of approving Ballmer’s $2 billion purchase, a plausible worry given that on Thursday Los Angeles Superior Court Judge Michael Levanas signed his probate order authorizing Shelly Sterling to sell the team to Ballmer. The signed probate order essentially memorialized Levanas’ oral order on July 28 in favor of Shelly Sterling. In a surprising move, Levanas vacated the written order late Friday, leading the appellate court to deny Sterling’s petition on grounds that there is no order to review.


Quote:
The vacated order and denial of Sterling’s petition essentially keep the Clippers in its continued state of limbo. Still, Levanas could issue a new written order at any time, which would likely lead to another immediate petition by Sterling to an appellate court. The NBA remains poised to prevail against Sterling, whose efforts to overcome Levanas’ order are the legal equivalency to a three-point shot from half court: unlikely to score. All that stands between Ballmer taking over the Clippers is NBA approval, which is a near certainty and could conceivably occur at any time once the NBA has certainty that Levanas’ order will be not stopped.


http://www.si.com/clippers-donald-sterling-petition-for-stay-denied
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PostPosted: Tue Aug 12, 2014 9:25 am    Post subject:

Clippers sale to Steve Ballmer finalized, NBA says

LINK

Looks like it's over as far as the sale goes. NBA is going to sue the Sterling trust for legal fees. LINK
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Last edited by jodeke on Tue Aug 12, 2014 10:03 am; edited 1 time in total
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PostPosted: Tue Aug 12, 2014 9:42 am    Post subject:

http://www.1851project.com/wp-content/uploads/2013/12/Steve2.gif
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PostPosted: Tue Aug 12, 2014 11:19 am    Post subject:

NBA Reportedly Countersues Donald Sterling in Federal Court http://bleacherreport.com/articles/2160717-nba-reportedly-countersues-donald-sterling-in-federal-court

The war being waged between Donald Sterling and the NBA took another turn on Tuesday, as the league reportedly countersued the former owner of the Los Angeles Clippers
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PostPosted: Tue Aug 12, 2014 6:43 pm    Post subject:

Quote:
Donald Sterling’s legal strategy for getting the Clippers back

At the outset, it is worth stressing that Donald Sterling’s chances of re-acquiring equity in the Clippers are extremely low. It could theoretically happen, but as a practical matter, it probably has a lower odds of occurring than the non-playoff team with the best record has at winning the NBA lottery.

With these low odds acknowledged, Sterling has two basic legal devices for trying to get the Clippers back: obtain a "stay" (an extraordinary remedy that would postpone completion of the $2 billion sale pending appellate review) or obtain an injunction (also an extraordinary remedy and one that would take the team away from Ballmer and return it to the Sterling family trust), or both.

Earlier this evening, Sterling petitioned California's Second District Court of Appeal for a stay. Sterling contends that losing the Clippers amounts to an irreparable harm because he'll never again own the team or any NBA team. Sterling also maintains Levanas subverted his appellate rights by invoking Section 1310(b) of the California Probate Code, a move that prevented Sterling from using the appeals process to hold onto the team. Under 1310(b), Sterling can only receive monetary damages -- and not ownership of the Clippers -- if he later wins an appeal over Levanas' decision.

While Sterling's odds of obtaining a stay are low, he was afforded very little time to react following Levanas signing his probate order. Notably, Shelly Sterling and Ballmer finalized their deal within minutes of Levanas signing the order, a short window which arguably denied Sterling adequate time. An appellate court might be sympathetic to Sterling on this narrow issue seeking a stay, especially given that Sterling tried to do so last Friday but was precluded by Levanas' curious decision to withdraw his order. Alan Milstein, a litigator with Sherman Silvestein, tells SI.com Levanas' decision was "very strange."

The problem for Sterling in seeking a stay is that there appears to be nothing to postpone. Shelly Sterling and Ballmer completed their $2 billion deal and it was approved by both a probate judge and the NBA. Ballmer now owns the Clippers. It would be an unusual form of a stay for an appellate court to effectively rescind the $2 billion deal, take the team away from Ballmer and place it back in NBA purgatory.

In fairness to Sterling, the appellate could tailor a stay that doesn't technically end the Ballmer deal but instead forces Levanas to reassess his legal options. Along those lines, the appellate court could issue a so-called "writ of supersedeas," which would preserve the status quo, however that is defined by the appellate court. That seems like an unlikely solution, however, especially since the appellate court would have to disturb a completed sale.

Sterling could also seek an injunction from California’s Second District Court of Appeal. Sterling’s petition for an injunction would likely be premised on alleged defects in Levanas’ order that authorized the sale and also Levanas’ decision to invoke Section 1310(b).

According to Daniel Wallach, an appellate attorney with Becker & Poliakoff, P.A., California’s Second District Court of Appeal, "may have the authority to issue an injunction to unwind the Ballmer deal in order to preserve the status quo for the duration of the appeal." Wallach reasons that "Section 923 of the California Code of Civil Procedure gives appellate courts the power to issue injunctive orders of their own when necessary to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction."

The key, Wallach stresses to SI.com, is that section 923 confers upon appellate courts the power "to make any order appropriate to preserve the status quo ... or otherwise in aid of its jurisdiction." This language, Wallach adds, is arguably broad enough to encompass mandatory injunctive relief, as recognized by several California appellate courts.

Wallach points out that Sterling's strongest argument in seeking an injunction would be that "he would be irreparably harmed by the transfer of ownership because it would completely subvert his appellate rights and render any victory on appeal a purely pyrrhic one since the trustee's actions would be inoculated by section 1310(b) of the California Probate Code."

Link
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PostPosted: Tue Aug 12, 2014 7:16 pm    Post subject:

When it comes to getting dirt on the NBA maybe this is what the Donald has in mind.

Kevin Johnson who counselled Adam Silver to remove Sterling, is apparently not so clean himself.
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PostPosted: Wed Aug 13, 2014 10:12 am    Post subject:

New Clippers owner Steve Ballmer to hold rally at Staples Center Monday

LINK

I am now and will remain a Laker for life. The way the team is going now is disheartening but they're my NBA favorites.

I live in Los Angeles and will root for the Clippers unless they're playing the Lakers. If we can't, and I don't think we will, win it, I'll be rooting for the Clippers, Spurs or any Western Conference team to bring home the Larry O'Brien.
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PostPosted: Wed Aug 13, 2014 11:54 am    Post subject:

Ballmer is the perfect owner for the Clips. A loud mouthed freakshow leading a whole team of loudmouthed whiners.
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PostPosted: Wed Aug 13, 2014 5:33 pm    Post subject:

City_Dawg wrote:
Ballmer is the perfect owner for the Clips. A loud mouthed freakshow leading a whole team of loudmouthed whiners.

How do I become a Loudmouthed freakshow?
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PostPosted: Wed Aug 13, 2014 6:02 pm    Post subject:

ExPatLkrFan wrote:
When it comes to getting dirt on the NBA maybe this is what the Donald has in mind.

Kevin Johnson who counselled Adam Silver to remove Sterling, is apparently not so clean himself.


Not a surprise. Sterling doesn't fit the image of what it takes to be an NBA owner anymore so they pushed him out.
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PostPosted: Wed Aug 13, 2014 6:46 pm    Post subject:

lakersken80 wrote:
ExPatLkrFan wrote:
When it comes to getting dirt on the NBA maybe this is what the Donald has in mind.

Kevin Johnson who counselled Adam Silver to remove Sterling, is apparently not so clean himself.


Not a surprise. Sterling doesn't fit the image of what it takes to be an NBA owner anymore so they pushed him out.


They (finally) pushed him out because his antics had sponsors jumping ship and bad PR. The NBA doesn't give a (bleep) about the image of it's owners.If they did, DS would've been booted years ago. They sure do care about the image of their "investments".
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PostPosted: Fri Aug 15, 2014 1:28 pm    Post subject:

jodeke wrote:
How do I become a Loudmouthed freakshow?


Posting on LG is a good start.
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PostPosted: Fri Aug 15, 2014 2:08 pm    Post subject:

jodeke wrote:
City_Dawg wrote:
Ballmer is the perfect owner for the Clips. A loud mouthed freakshow leading a whole team of loudmouthed whiners.

How do I become a Loudmouthed freakshow?


Considering that ballmer's arrogant incompetence nearly ruined the most valuable and cash rich corporation in the world (at the time), there's a chance he will screw up the clippers too.
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PostPosted: Fri Aug 15, 2014 4:32 pm    Post subject:

jodeke wrote:

Laker for life...blah, blah, blah.....I'll be rooting for the Clippers


Say what?
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PostPosted: Fri Aug 15, 2014 4:36 pm    Post subject:

24 wrote:
jodeke wrote:
City_Dawg wrote:
Ballmer is the perfect owner for the Clips. A loud mouthed freakshow leading a whole team of loudmouthed whiners.

How do I become a Loudmouthed freakshow?


Considering that ballmer's arrogant incompetence nearly ruined the most valuable and cash rich corporation in the world (at the time), there's a chance he will screw up the clippers too.


Ballmer's fatal flaw (and this is from speaking to the man personally) is that he can never admit he is wrong. That's how it was at MS...(they didn't change course until he was out the door), and it'll probably be the same way with the Clippers.
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PostPosted: Sat Aug 16, 2014 7:51 am    Post subject:

City_Dawg wrote:
lakersken80 wrote:
ExPatLkrFan wrote:
When it comes to getting dirt on the NBA maybe this is what the Donald has in mind.

Kevin Johnson who counselled Adam Silver to remove Sterling, is apparently not so clean himself.


Not a surprise. Sterling doesn't fit the image of what it takes to be an NBA owner anymore so they pushed him out.


They (finally) pushed him out because his antics had sponsors jumping ship and bad PR. The NBA doesn't give a (bleep) about the image of it's owners.If they did, DS would've been booted years ago. They sure do care about the image of their "investments".




Yep Silver is the same as Stern was his right hand man for years until he took over.

The only difference is Silver hasn't worn out his welcome like Stern did by the time he left.
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