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"While Shelly Sterling and her team will claim that this is merely a 'tactic,' we feel strongly that this important issue should be addressed by the federal court at this time," said lawyer Bobby Samini. "While it has become popular to attack Donald Sterling for his regrettable comments, his right to privacy and to the protection of his medical records should not be acceptable collateral damage."
hear more about Donald Sterling's mental issues?The trial will focus on Shelly Sterling's right to sell the Clippers and not Donald Sterling's mental capacity, attorneys for both sides say.
Donald Sterling also disputes those findings.
"There was no duping or whatever," O'Donnell said. "Donald voluntarily went to . get the brain scan."
But Donald Sterling's attorney says federal court is the appropriate place to hear how the publicizing of his medical diagnosis "trampled" his privacy rights under the federal Health Insurance Portability and Accountability Act (HIPAA) which Shelly Sterling denies, saying the trust allowed for the information's release.
The parties will be monitoring how the state and federal courts will proceed Monday.
Even Ballmer has entered the dispute, with his attorney saying he would file papers to block what he called a frivolous move by Donald Sterling.
By Michael Martinez, Sara Sidner and Linda HallLOS ANGELES (CNN) The Saucony Shoes Los Angeles saga of billionaire Donald Sterling enters a new phase Monday when a California probate court trial examines his estranged wife's takeover of the couple's trust that owns the Los Angeles Clippers, which she is now trying to sell for a record $2 billion.
Sterling slurred African Americans in a taped conversation with a woman Reebok Question Georgetown
"Donald Sterling's 11th hour attempt to move the probate trial into the federal courts is a desperate act by a desperate man," said Pierce O'Donnell.
The court will hear five issues, according to court papers filed by Shelly Sterling.
"We are going to argue that their examinations were by way of undue influence, that their examinations were not complete, that there was fraud in the examinations, and the letters that they have issued do not comport with technical requirements that the trust requires," Samini said.
Shelly Sterling's attorney described the move as desperation.
The trial, however, will address an accusation by Donald Sterling that his wife duped him into undergoing separate examinations by a neurologist and a specialist in geriatric psychiatry, who both judged him to be mentally incapacitated.
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Shelly Sterling maintains her husband's arguments about being tricked are baseless, her attorney said.
Will there be a trial on Monday?
So what will the probate trial be all about?
Donald Sterling now wants to move the controversy over the basketball team's proposed sale to federal court a legal move he made just before Friday's Fourth of July holiday.
First, the court will determine whether the physicians' evaluations of Donald Sterling were obtained by fraud, undue influence or breach of fiduciary duty, as he claims.
It's unclear whether he'll be successful or what impact the last minute maneuver will have Saucony London Sale
acquaintance. The National Basketball Association banned him and ordered the couple to sell the team. His wife, Shelly, negotiated a price that would be unprecedented for a sports franchise in North America. She did so as doctors certified Donald Sterling, 80, as incapacitated with early Alzheimer's or another brain disease. The couple own the NBA franchise through a trust.
It's anybody's guess: Anything can happen in the Sterling saga and just about has.
Testimony will largely focus on how the couple own the team through a trust and whether procedures for removing one of the trust's owners namely Donald Sterling were followed.
on Monday's scheduled trial in a state court in Los Angeles.
Late last month, another doctor found Donald Sterling to be mentally fit, a source with knowledge of the situation told CNN.
It's been an operatic tale.
Sterlings face probate court trial on NBA's Clippers
"This latest bad faith maneuver on the eve of his reckoning is a cowardly ploy to do just one thing: Kill a record setting $2 billion sale of the Clippers," O'Donnell said.
The court will then decide whether Shelly Sterling's May 29 contract to sell the team to Ballmer is binding.
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