Donald Sterling appeals ruling that OK'd Clippers sale

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LOS ANGELES - Deposed Los Angeles Clippers owner Donald Sterling asked an appellate court onFriday to block the $2 billion sale of the team to former Microsoft CEO Steve Ballmer.

Lawyers for Sterling asked the Second District Court of Appeals to stay a probate judge's ruling thatcleared the way for the sale. They said the judge prematurely finalized his ruling so the sale can becompleted without a chance to appeal.

Sterling's lawyers said in their request for a writ of mandate that if the sale goes through, "Donaldwill have lost a unique and irretrievable asset: a 'trophy asset' coveted by high net worth individualsaround the world - one of thirty NBA franchises in the country, and one that under Donald's thirty-year ownership has recently become one of the most successful."

The main complaint of the appellants is the judge's decision to allow the sale to go forward with notime for an appeal. He used a section of law that bars a stay of his decision.

Given that provision, it was unclear if the appeal would have any effect. The sale could conceivablygo forward while the appeal makes its way through the courts.

Adam Streisand, the attorney for Ballmer, said in a statement: "We won this trial because DonaldSterling is on an egotistical crusade to destroy the Clippers if he can't keep the team, and he can't.We will win the appeal for the very same reason."

A spokesman for the attorneys representing Sterling's estranged wife, Shelly Sterling, issued astatement similarly attacking Donald Sterling's motives.

"Donald's petition for writ of mandate is another desperate act by a desperate man," the statementsaid. "The decision by Judge Michael Levanas - after three weeks of trial - is a correct decision onthe law and the undisputed evidence. Donald will do anything to kill the record-shattering $2B saleof the Clippers. His petition is frivolous."

The appellate lawyers who filed the writ petition late Friday afternoon acknowledged that DonaldSterling has a public image problem.

"Admittedly, in light of recent events, Donald Sterling does not cut a sympathetic figure," hisappellate lawyers wrote. "But the issues raised by the trial court's decision here impact more thanjust him, and involve core issues of probate law and the right to appellate review."

Shelly Sterling negotiated the record sale after the NBA banned the 80-year-old billionaire formaking offensive remarks about blacks.

"The nature of the trial court's order all but guarantees that this court will never review this matterby appeal," the lawyers said. "lf the sale of the Clippers is not stayed, the team is likely to be soldbefore any appeal could be brought or decided, rendering Donald's appeal rights hollow. This is a

textbook example of irreparable harm, and cries out for writ relief."

The writ filed by the Donald Sterling legal team demanded an immediate stay of the judge's ruling. Itsaid that in the absence of a stay, the sale could go forward immediately. It noted that the NBA plansto meet on Aug. 15 to approve the sale.

Addressing the ruling by Superior Court Judge MichaelLevanas, the document said his action "wasunreasonable, arbitrary, a prejudicial abuse ofdiscretion, and manifestly against the law."

The 39-page filing challenged the opinions of twodoctors who examined Donald Sterling and who said hehad the beginnings of Alzheimer's disease, renderinghim incompetent to handle his own business affairs.

The filing said the examinations were "insufficient to support a determination of incapacity" and saidShelly Sterling improperly removed her estranged husband as a trustee of the Sterling family trust.

http://www.cbsnews.com/news/donald-sterling-appeals-ruling-that-okd-clippers-sale/

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