Author Topic: Sterling loses preliminary ruling  (Read 6206 times)

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Sterling loses preliminary ruling
« on: July 28, 2014, 06:18:27 PM »

Offline Future Celtics Owner

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Re: Sterling loses preliminary ruling
« Reply #1 on: July 28, 2014, 06:25:39 PM »

Offline Future Celtics Owner

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It just happened a few moments ago. Some of the legal eagles may understand this better. I guess Balmer said the sale has to go through by Aug 15th, so lets hope this gets held up or something for another few weeks.

I hope time runs out for the Sterlings and Balmer takes back the offer. Then Doc would leave. Then we get a better pick. Also Sterling is prob too old to enjoy this money and I don't want his wife to get any cash from this. I think Cali law is if you get married then after ten years your spouse gets half of everything, even if you have a prenup.
« Last Edit: July 29, 2014, 04:53:58 AM by Future Celtics Owner »

Re: Sterling loses preliminary ruling
« Reply #2 on: July 28, 2014, 06:42:52 PM »

Offline ben_from_boston

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" I think Cali law is if you get married then after ten years your spouse gets half of everything, even if you have a prenup."

That's scary

Re: Sterling loses preliminary ruling
« Reply #3 on: July 28, 2014, 06:45:04 PM »

Offline D.o.s.

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The sale has to go through by August 15th because the NBA Board of Governors is going to meet on that day -- and they'd be able to approve Ballmer as a new owner. Its all part of the process to get Sterling out ASAP, and Shelly Sterling's legal argument in the new proceedings is that Donald is trying to delay the case in order to screw with that deadline.


Also your second post is terrifyingly bizarre (and possibly contradictory).
At least a goldfish with a Lincoln Log on its back goin' across your floor to your sock drawer has a miraculous connotation to it.

Re: Sterling loses preliminary ruling
« Reply #4 on: July 28, 2014, 06:46:35 PM »

Offline Quetzalcoatl

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Even if Donald Sterling continues to fight, included in the judge's ruling is a key provision in California trust law that allows Shelly Sterling to proceed with the sale of the team "as if no appeal were pending," according to provision 1310(b).

That basically seals the deal.  I am not a legal eagle, but I imagine this all but settles it.  Donald Sterling will have to settle for like a billion dollars  :'(

Also, you should have written "Donald Sterling loses preliminary hearing", since he is in court against his wife who is also a Sterling. 

/and my 900th post!  I'll get that star any day now

Re: Sterling loses preliminary ruling
« Reply #5 on: July 28, 2014, 06:47:21 PM »

Offline PSquared

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" I think Cali law is if you get married then after ten years your spouse gets half of everything, even if you have a prenup."

That's scary

No wonder she hasn't divorced him.   

Had they lived in any other state, she would've been long gone.

Re: Sterling loses preliminary ruling
« Reply #6 on: July 28, 2014, 07:03:51 PM »

Offline saltlover

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Even if Donald Sterling continues to fight, included in the judge's ruling is a key provision in California trust law that allows Shelly Sterling to proceed with the sale of the team "as if no appeal were pending," according to provision 1310(b).

That basically seals the deal.  I am not a legal eagle, but I imagine this all but settles it.  Donald Sterling will have to settle for like a billion dollars  :'(

Also, you should have written "Donald Sterling loses preliminary hearing", since he is in court against his wife who is also a Sterling. 

/and my 900th post!  I'll get that star any day now

Likely does.  Team Donald has until August 15th to find a judge to enjoin that provision allowing the sale to occur during appeal.  (And if successful, hope that Team Shelly doesn't find a higher judge overruling Team Donald's judge.)  Not a California lawyer (but I hear PhoSita is becoming one!), so I can't say if that will occur.  I'd bet it won't.  It's a tough call for a higher judge -- on the one hand, if Donald appealed and won, you can't undo the sale.  On the other, if Donald appealed and lost, you can't undo the forgone sale.  My guess is that a higher judge would defer to the trial judge on this one, unless s/he feels that it is very likely Donald will succeed on appeal, since one side stands to lose a lot with an injunction, while the other side stands to lose if there isn't.

The saga isn't over, as Donald will continue to file lawsuits, but it seems pretty likely that Ballmer will control the Clippers effective August 15th.

Re: Sterling loses preliminary ruling
« Reply #7 on: July 28, 2014, 07:13:09 PM »

Offline colincb

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His lawyers must have known he didn't have a leg to stand on and yet found a way to look past his obvious dementia issues to line their pockets.  They'll likely end up pursuing a case against the NBA when the sale goes through too with even less of a case.

Re: Sterling loses preliminary ruling
« Reply #8 on: July 28, 2014, 08:56:29 PM »

Offline knuckleballer

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That sounds like an activist judge ruled against him and I'd be shocked if Sterling doesn't win an appeal.
He's a gross man who doesn't deserve an NBA team, but I think his legal argument is strong. 
I hope this ruins the Clippers' play on the basketball court, but I doubt it will matter at all.
« Last Edit: July 28, 2014, 09:17:47 PM by knuckleballer »

Re: Sterling loses preliminary ruling
« Reply #9 on: July 28, 2014, 09:01:42 PM »

Offline hwangjini_1

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" I think Cali law is if you get married then after ten years your spouse gets half of everything, even if you have a prenup."

That's scary
agreed. if someone can put up with you for that long they deserve more than 50%.  ;D
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Re: Sterling loses preliminary ruling
« Reply #10 on: July 28, 2014, 09:40:12 PM »

Offline LooseCannon

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" I think Cali law is if you get married then after ten years your spouse gets half of everything, even if you have a prenup."

That's scary

No wonder she hasn't divorced him.   

Had they lived in any other state, she would've been long gone.

They got married in 1955.  It's been said they became estranged in 2012, so maybe she's just been waiting for him to die so that she gets more than half.
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Re: Sterling loses preliminary ruling
« Reply #11 on: July 28, 2014, 09:41:26 PM »

Offline LooseCannon

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That sounds like an activist judge ruled against him and I'd be shocked if Sterling doesn't win an appeal.
He's a gross man who doesn't deserve an NBA team, but I think his legal argument is strong. 
I hope this ruins the Clippers' play on the basketball court, but I doubt it will matter at all.

"Activist judge" is a buzz word that means absolutely nothing these days.  People just throw it out there when they disagree with the results.
"The worst thing that ever happened in sports was sports radio, and the internet is sports radio on steroids with lower IQs.” -- Brian Burke, former Toronto Maple Leafs senior adviser, at the 2013 MIT Sloan Sports Analytics Conference

Re: Sterling loses preliminary ruling
« Reply #12 on: July 28, 2014, 10:12:19 PM »

Offline colincb

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That sounds like an activist judge ruled against him and I'd be shocked if Sterling doesn't win an appeal.
He's a gross man who doesn't deserve an NBA team, but I think his legal argument is strong. 
I hope this ruins the Clippers' play on the basketball court, but I doubt it will matter at all.
How did you come to the conclusion that he was "an activist judge"?

Re: Sterling loses preliminary ruling
« Reply #13 on: July 28, 2014, 10:44:44 PM »

Offline knuckleballer

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That sounds like an activist judge ruled against him and I'd be shocked if Sterling doesn't win an appeal.
He's a gross man who doesn't deserve an NBA team, but I think his legal argument is strong. 
I hope this ruins the Clippers' play on the basketball court, but I doubt it will matter at all.
How did you come to the conclusion that he was "an activist judge"?

The judge talked about the value of the team and how it was sold for more than it was worth.  I don't see how that is relevant.

It is much easier for a superior court judge to error on the side of society and let it move on to appeals.  Especially on such a high profile case,  It seems to me the law favors Sterling, even though I am morally against it.
« Last Edit: July 28, 2014, 11:00:21 PM by knuckleballer »

Re: Sterling loses preliminary ruling
« Reply #14 on: July 28, 2014, 11:06:05 PM »

Offline D.o.s.

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That sounds like an activist judge ruled against him and I'd be shocked if Sterling doesn't win an appeal.
He's a gross man who doesn't deserve an NBA team, but I think his legal argument is strong. 
I hope this ruins the Clippers' play on the basketball court, but I doubt it will matter at all.
How did you come to the conclusion that he was "an activist judge"?

The judge talked about the value of the team and how it was sold for more than it was worth.  I don't see how that is relevant.

It is much easier for a superior court judge to error on the side of society and let it move on to appeals.  Especially on such a high profile case,  It seems to me the law favors Sterling, even though I am morally against it.

That's possibly because you don't understand the legal action that the NBA is taking, insofar as the purchase of the team, or the legal action that Shelly Sterling is taking, insofar as ensuring the sale of the team.
At least a goldfish with a Lincoln Log on its back goin' across your floor to your sock drawer has a miraculous connotation to it.