Sunday, December 28, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Judge rejects Shelly Sterling bid for injunction

By
From page B8 | June 20, 2014 |

LOS ANGELES — A judge Thursday rejected an urgent request by Shelly Sterling’s attorney asking that husband Donald Sterling and his lawyers be ordered to stop harassing her legal team and doctors in their dispute over the planned sale of the Los Angeles Clippers.

A petition filed by Shelly Sterling’s attorneys quoted allegedly threatening remarks made by Donald Sterling in phone calls and a letter sent by his lawyer to two doctors who declared him mentally incapacitated.

Superior Court Judge Michael Levanas said the matter may involve “high emotions and some litigation posturing” and urged both parties to tone down their communications.

“The court does not feel that the statements set forth in the … petition rise to the level of great and irreparable injury to a party as called for in the Code of Civil Procedure,” Levanas said in a written decision.

Outside court Donald Sterling’s attorney Bobby Samini said, “Clearly from the court’s ruling it’s apparent Mr.Sterling is not a danger to anybody.”

A trial next month will look into assertions that Donald Sterling is mentally incapacitated and determine whether he was properly removed as an administrator under the terms of the family trust, which owns the Clippers, leaving Shelly Sterling alone as trustee with authority to sell the team. A $2 billion sale to former Microsoft CEO Steve Ballmer is pending.

The physicians who determined he was mentally incapacitated in May examinations with Donald Sterling could be key witnesses in the trial.

A filing by Shelly Sterling’s attorney stated that on June 9 Donald Sterling called Shelly Sterling’s attorney, Pierce O’Donnell, threatening lawsuits and said: “I am going to take you out, O’Donnell.” O’Donnell understood that to be a death threat.

The document also alleged Donald Sterling called one of the physicians, Dr. Meril Platzer, told her she’s “nothing but a fraud and a liar and a cheat” and menacingly warned, “I’m going to see that you lose your license.”

He also is said to have threatened to sue Platzer and made similar threats in a profanity-laden message left for a second doctor, James E. Spar.

“I’m gonna get you fired from UCLA because you’re nothing but a tramp. How dare you let someone use you that way?” Sterling tells Spar’s voicemail. “You know, you rely on doctors. You think that they’ll be above it all. But obviously you’re not. You’ll sell yourself for nothing. How dare you? How dare you give my records to a lawyer for the purposes of using it against me?”

The filing states that Sterling’s lawyer Samini, followed up with a letter to each doctor accusing them of being a part of a conspiracy. The document called it a clear attempt to intimidate key witnesses in the case.

Samini said his office had been bombarded with calls from representatives of Shelly Sterling urging them to settle the case.

He contended that the call cited in O’Donnell’s papers was made by O’Donnell to his office and he turned the phone over to Donald Sterling.

“They wanted to have a conversation,” he said of Sterling and O’Donnell, but he listened from a distance.

“It was quite entertaining,” Samini said. “I didn’t hear any threats.”

Samini said he wrote letters to the doctors because he felt Donald Sterling’s medical records were disseminated to the media inappropriately. He also said he believed that the doctors had been hired to give specific evaluations of Donald Sterling, which were suggested to them by Shelly Sterling’s team. Samini said he has engaged other doctors to examine Donald Sterling and “the results are different and there are more to come.”

He said those would be released in court during the trial now scheduled for July 7.

The terms of the trust state that two licensed physicians can determine a trustee “incapacitated” and both parties must cooperate in any such examination. Both Sterlings signed the terms, which also waive doctor-patient privilege and privacy rights for any “incapacitation” finding.

Outside court, O’Donnell said about the statement by Donald Sterling, “I took that as a threat on my life and I still do.” He said Sterling used numerous expletives.

“We think this is evidence of his lack of control, his impulsivity.” He pointed out that the comments came the same day that Sterling went on a rant about the NBA, calling its board members “despicable monsters.”

He also said the doctors threatened by the 80-year-old Donald Sterling were shaken and one of them, Platzer, said she had misgivings about whether she should have gotten involved in the case at all.

In her declaration she wrote that she believed Donald Sterling and his attorneys are “attempting to bully me into changing my opinion regarding Mr. Sterling’s incapacity. I also do not want to be intimidated if I testify in this matter.”

O’Donnell said he would ask for an injunction prohibiting Donald Sterling from intimidating witnesses.

“This is not normal behavior in civil litigation,” O’Donnell said. “This shows how erratic and volatile he is.”

Attached to the motion were letters from Samini to the doctors instructing them to not communicate further with anyone on Donald Sterling’s medical condition or treatments without his prior consent.

“Your conduct has already constituted interference with prospective economic advantage as part of a conspiracy,” a letter dated June 10 said.

Shelly Sterling’s potentially record-breaking deal with Ballmer was struck after Donald Sterling’s racist remarks to a girlfriend were recorded and publicized. The NBA moved to oust him as team owner, fined him $2.5 million and banned him for life.

Donald Sterling has filed suit against the NBA for $1 billion in federal court alleging that the league violated his constitutional rights, committed breach of contract and violated antitrust laws. Sterling has also hired four private investigation firms to dig up potential dirt on the NBA’s former and current commissioner and its owners for the case.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

New circulation director for Daily Republic has California roots

By Ryan McCarthy | From Page: A1 | Gallery

 
Suisun’s transformation launched 25 years ago

By Barry Eberling | From Page: A1, 4 Comments | Gallery

 
AARP tax program seeks volunteers

By Susan Hiland | From Page: A3

 
Holiday shopping continues after Christmas

By Susan Hiland | From Page: A3

Kwanzaa educates, celebrates African-American heritage

By Susan Hiland | From Page: A3, 2 Comments | Gallery

 
Rush Ranch plans birds of prey workshop

By Susan Hiland | From Page: A4, 1 Comment

 
Winter feeding of backyard birds

By Launa Herrmann | From Page: C4, 1 Comment

Weather for Sunday, Dec. 28, 2014

By Daily Republic staff | From Page: B6

 
Market predictions for 2015

By Bud Stevenson | From Page: B7

Projects to watch in 2015

By Brian Miller and Karl Dumas | From Page: B7

 
County graduates complete basic training

By Nick DeCicco | From Page: B10

 
Fairfield police log: Dec. 26, 2014

By Susan Hiland | From Page: A12

Suisun City police log: Dec. 26, 2014

By Susan Hiland | From Page: A12, 1 Comment

 
.

US / World

 
Shoppers brawl inside Northern California mall

By The Associated Press | From Page: A4, 7 Comments

Death penalty states unmoved by botched execution

By The Associated Press | From Page: A5, 1 Comment

 
Arizona police officer, suspect killed in shootout

By The Associated Press | From Page: A5, 3 Comments

 
School error takes money from staff bank accounts

By The Associated Press | From Page: A6

Protester in St. Louis area charged with arson

By The Associated Press | From Page: A6

 
Spokesman: George H.W. Bush remains in hospital

By The Associated Press | From Page: A6

2 small planes collide in Maryland; no injuries

By The Associated Press | From Page: A6

 
Lava creeps 15 yards closer to Hawaii marketplace

By The Associated Press | From Page: A6

NYC officer mourned at funeral as tensions linger

By The Associated Press | From Page: A6, 1 Comment

 
Drought, plastic bags prompt new California laws

By The Associated Press | From Page: A7, 1 Comment

 
Final goodbye: Roll call of some who died in 2014

By The Associated Press | From Page: A9, 1 Comment

Families take future war dogs into homes as foster pups

By The Associated Press | From Page: B10

 
Woman uses quilt to help those in military

By The Associated Press | From Page: B10

Snow, ice sweep Europe, stranding drivers

By The Associated Press | From Page: A10

 
Del. WWII vet honored with medals 70 years later

By The Associated Press | From Page: B10

N. Korea uses racial slur against Obama over hack

By The Associated Press | From Page: A10, 2 Comments

 
Pilot recalls last flight to Cyprus airport

By The Associated Press | From Page: A11

Wanted extremist leader surrenders in Somalia

By The Associated Press | From Page: A11

 
.

Opinion

Redrawn districts made for some tight races

By Dan Walters | From Page: A8

 
Putin’s epic annual news conference, condensed

By Ishaan Tharoor | From Page: A8

Leaders fan flames of racial hatred

By Letter to the Editor | From Page: A8, 54 Comments

 
Sound Off: Dec. 28, 2014

By Glen Faison | From Page: A8

 
.

Living

Community Calendar: Dec. 28, 2014

By Susan Hiland | From Page: A2

 
Today in History: Dec. 28, 2014

By The Associated Press | From Page: A2

Why do we celebrate Christmas, part two

By Perry W. Polk | From Page: C3, 2 Comments

 
Comforting immigrants is nun’s mission

By The Associated Press | From Page: C3

Bethel Community Church buys Temple Baptist site

By Susan Hiland | From Page: A3

 
Pope’s role in Cuba deal fractures Cuban-American flock

By The Associated Press | From Page: C3

 
Horoscopes: Dec. 28, 2014

By Holiday Mathis | From Page: C4

My son’s cat is being neglected and I don’t know what to do

By Kathy Mitchell and Marcy Sugar | From Page: C4

 
.

Entertainment

Blagojevich brother: I was fed ‘pawn’ to get then-governor

By The Associated Press | From Page: C6

 
Company loses bid for rights to Marvel superheroes

By The Associated Press | From Page: C6

Jonah Lehrer working on book about digital life

By The Associated Press | From Page: C6

 
TVGrid

By Daily Republic Syndicated Content | From Page: B11

.

Sports

No. 1 Kentucky holds off No. 4 Louisville 58-50

By The Associated Press | From Page: B1 | Gallery

 
Vanden’s Koss named 2014 DR Male Athlete of the Year

By Brian Arnold | From Page: B1 | Gallery

Broncos see a much better Raiders team this time

By The Associated Press | From Page: B1 | Gallery

 
Cardinals have hopes of division crown, 12 wins

By The Associated Press | From Page: B1

Warriors shake off skid, beat Timberwolves 110-97

By The Associated Press | From Page: B1

 
Sam: Coming out was right thing to do

By The Associated Press | From Page: B2

Vikings stadium builders work on career highlight

By The Associated Press | From Page: B2

 
Devils replace DeBoer with 3-headed coaching staff

By The Associated Press | From Page: B2

Authorities question Cubs’ Castro after shooting

By The Associated Press | From Page: B2

 
Browns suspend receiver Josh Gordon, Manziel late

By The Associated Press | From Page: B2

Sports deaths: elegant Tony Gwynn, Jean Beliveau

By The Associated Press | From Page: B2 | Gallery

 
 
Cousins leads Kings past Knicks 135-129 in OT

By The Associated Press | From Page: B2

Anze Kopitar leads LA Kings past Sharks, 3-1

By The Associated Press | From Page: B2

 
First Step seeks players, help for 2015 season

By Daily Republic staff | From Page: B4

Devil Dawgs retiring after run of success

By Daily Republic staff | From Page: B4

 
Virginia Tech beats Cincy 33-17 in Military Bowl

By The Associated Press | From Page: B4

S Carolina tops Miami 24-21 in Independence Bowl

By The Associated Press | From Page: B4

 
Arizona State beats Duke 36-31 in Sun Bowl

By The Associated Press | From Page: B4

Penn State tops Boston College 31-30 in OT in Pinstripe Bowl

By The Associated Press | From Page: B4

 
Kessler leads No. 24 USC to 45-42 win over Huskers

By The Associated Press | From Page: B4

Jameis, Marcus and Mickey: Rose Bowl week starts at Disney

By The Associated Press | From Page: B4

 
Bowling report for Sunday, Dec. 28, 2014

By Daily Republic | From Page: B4

 
This date in sports history for Sunday, Dec. 28, 2014

By The Associated Press | From Page: B5

.

Business

 
Top business stories of 2014: US grows, world slows

By The Associated Press | From Page: B7

BP appeals rejection of removing spill claims head

By The Associated Press | From Page: B8

 
Why areas with good jobs have hard-to-afford homes

By The Associated Press | From Page: B12, 1 Comment

US company to open tuna cannery in American Samoa

By The Associated Press | From Page: B12, 1 Comment

 
Ruling opens door for cruise malpractice lawsuits

By The Associated Press | From Page: B12

6 US cities: Good jobs but hard-to-afford homes

By The Associated Press | From Page: B12, 1 Comment

 
.

Obituaries

Judy Zamora Rogers

By Nancy Green | From Page: A4

 
Concordia Albang Lichauco

By Susan Hiland | From Page: A4

Oriole Ernestine Cohen

By Susan Hiland | From Page: A4

 
Rae Jean Malveaux

By Susan Hiland | From Page: A4

.

Comics

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B4

 
.

Secrets of Success 2014

120 Years: Fentons still a treat after all this time

By Susan Winlow | From Page: SOS2, 1 Comment | Gallery

80 Years: Gillespie’s adapts to meet customer needs, thrives

By Ian Thompson | From Page: SOS5 | Gallery

60 Years: Ryan’s Automotive hits milestone of service

By Ian Thompson | From Page: SOS6, 1 Comment | Gallery

55 Years: Mary’s Pizza Shack keeps dishing the pies

By Amy Maginnis-Honey | From Page: SOS7 | Gallery

50 Years: Cal Yee Farms marks half-century – and counting

By Ian Thompson | From Page: SOS7 | Gallery

40 Years: Floors To Go weathers recession, bounces back strong

By Ian Thompson | From Page: SOS8 | Gallery

40 Years: Vaca Valley Auto Parts a Fairfield mainstay

By Barry Eberling | From Page: SOS9 | Gallery

35 Years: Scandia Family Fun Center roots run deep

By Ryan McCarthy | From Page: SOS10 | Gallery

35 Years: Vogelpohl prides herself as problem solver

By Ryan McCarthy | From Page: SOS10 | Gallery

35 Years: Medic Ambulance rolling strong

By Barry Eberling | From Page: SOS10 | Gallery

30 Years: Sportabout all about tennis – and shoes of all sorts

By Jess Sullivan | From Page: SOS11 | Gallery

30 Years: North Bay Pediatrics serves children, parents

By Ryan McCarthy | From Page: SOS11 | Gallery

35 Years: More than 1,700 home sales – and counting – for Watson

By Ryan McCarthy | From Page: SOS11 | Gallery

25 Years: It’s always showtime for Fairfield’s Finger

By Tony Wade | From Page: SOS12 | Gallery

25 Years: Feins helps build memories through Air Land & Sea Travel

By Jess Sullivan | From Page: SOS13 | Gallery

20 Years: Quality breeds success for Universal Painting

By Jess Sullivan | From Page: SOS14 | Gallery

10 Years: By the People helps with basic, complex legal issues

By Susan Hiland | From Page: SOS15 | Gallery