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Why Donald Sterling can't appeal the sale of the Clippers

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Under section 1310(b) of California's probate code, Shelly Sterling's sale of the Clippers to Steve Ballmer will have no more roadblocks.


In the most difficult decision in the courtroom saga between the husband and wife duo of Donald and Shelly Sterling, the judge approved Shelly's request for the court to utilize section 1310(b) of California's probate code.

Here's what that means:

1310. (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.

(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.
California Probate Code

In essence, any appeal Donald could make on this case would not make an impact. Because of reports that Clippers players and coach Doc Rivers would abstain from reporting to the team if Donald remained the team's owner, and due to testimony that sponsors would leave as well, Shelly and her lawyers argued that they stand to lose a substantial amount of money. Successful on this count against Donald's dispute that he could get significantly more money in a Clippers sale, the judge agreed to invoke 1310(b), which prevents any possible appeal from suspending any of the trust's actions, including the pending $2 billion sale of the team to Steve Ballmer.

Considering the other rulings in this case that Shelly acted within legal bounds to exclude Donald from the trust, giving her the decision-making responsibilities, she has the authority to conclude the sale, which had a deadline that was extended to Aug. 15.

The NBA is clearly happy at the ruling with a statement coming from executive VP of communications Mike Bass: "We are pleased that the court has affirmed Shelly Sterling's right to sell the Los Angeles Clippers to Steve Ballmer. We look forward to the transaction closing as soon as possible."

Donald's further actions here are now extremely limited, and it doesn't look like he can stop the sale of the Clippers.

He has reportedly been considering a writ of injunction for the corporate case in the line of thought that he has shares in the team and thus that Shelly can't sell them. And though he could sue the NBA, it seems he'd just be open to financial damages if he could prove them. The legal recourse seems controlled.

Shelly Sterling, however, seems to think Donald will have an extremely different take on the case's results for some reason.

Nothing makes sense in the Sterlings' world.

Either way, the sale goes on. And the best end result will be this:


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