Shelly Sterling claims momentum in trial vs. Donald

LOS ANGELES — Donald Sterling's combative, rambling proclamations on the witness stand — and his vulgar outburst off the stand — have drawn the most attention here in the probate trial that could determine whether his wife, Shelly, can go through with her proposed $2 billion sale of the Los Angeles Clippers to former Microsoft CEO Steve Ballmer.

But Shelly and her lawyers continue to build momentum in the case.

The trial was in recess last week because of scheduling conflicts with the judge and the lawyers.

But Judge Michael Levanas ruled in favor of Shelly's side Friday in two areas:

• He will not throw out the testimony and written reports of two doctors who certified in writing that Donald Sterling was mentally incapable of continuing to serve as a co-trustee on the Sterling Family Trust. (Shelly had him removed as a trustee on that basis, clearing the way for her to unilaterally sell the Clippers.)

• He will not allow Donald's lawyers to call Shelly's lawyers as witnesses. Donald's side hoped to show that Shelly's attorneys were part of a conspiracy, with Shelly and the two doctors, designed for the sole purpose of stripping Donald of the power to block a sale of the club.

When the sides were last in court, Shelly had finished testifying and her lawyers had concluded their case. Today, Donald's legal team will begin presenting his case.

Their primary argument on the question of Donald being removed from the trust is their claim that Shelly, her lawyers and the doctors resorted to a "Secret Plan B" once Donald decided not to sign off on the sale to Ballmer.

His team maintains that Donald, 80, while having had some mild cognitive impairment, is mentally capable enough to remain a trustee – his mental status is not an issue at the trial, only whether Shelly properly complied with the terms of the trust – and that he was tricked by Shelly and the doctors.

The sales agreement between Shelly and Ballmer has a deadline of Aug. 15, which Shelly's lawyers say gives Levanas plenty of time to rule.

NBA commissioner Adam Silver has said if the Clippers aren't sold by Sept. 15, the league's owners will vote to terminate the Sterlings' ownership rights and the league would conduct a sale.

Silver banned Donald for life and fined him $2.5 million after Donald's racist comments were posted at TMZ.com.

Whether Donald will be recalled as a witness is not known. When he appeared earlier he created a spectacle by repeatedly insulting one of Shelly's lawyers, Bert Fields, frequently frustrating Levanas with his combative demeanor and, sitting in the gallery, calling Shelly "you pig."

Beyond the issue of Donald being removed from the trust, there are two other areas that remain to be determined.

If the judge were to rule in Shelly's favor regarding the trust issue, Donald would likely appeal. But the judge, under a certain section of the probate code, has the authority to make a ruling that is essentially un-appealable – that is, Donald would have the right to appeal, but the appeal would not block the sale from going through.

There is also a legal argument about whether Shelly, serving as sole trustee in winding up the affairs of the trust after Donald exercised his right to revoke the trust, has the power to exercise such a major transaction.

The judge has set Monday-Wednesday as trial dates, with closing arguments July 28.