Title 28 USC section 1441(c) and 1446(a)

Filed by Bobby Samini on behalf of Donald Sterling

Here comes the cavalry!  June 13, 2014 Shelly, 79, petitioned the court to bless her ouster of Donald, 81, and the sale of the Clippers.  She could have filed for divorce but she would make a lot more money this way.  Donald got his opposition in ten days later.  Now do not believe that these shenanigans only happy to the rich.  Put yourself in the position of a poor man faced with this  kind of trick and understand it is very hard to organize a defense against insanity in ten days.  Fortunately Donald has the money and he was able to get in there in time to stop the lightning fast proceedings which were calculated to throw him against the wall.  To make things harder for Donald, a disinterested party who wanted Donald's stuff got in there and got the judge to let him argue against Donald as well.  They always get you when your down.  Usually they attack a grieving spouse who can't fight back because they are in shock from the loss of a loved one but in Donald's case he was in shock from the media blitz which attacked him on every channel nonstop with false news until he was voted "The most hated man in America."  He was reeling.  For 25 years he had been in semi-retirement after amassing $3 billion in real estate, having brought himself up from poverty.  He wanted to have some fun so he bought the Clippers and devoted himself to his charities and extracurricular sexual activities.  Shelly didn't like her lot as his wife and she wanted out so she devised a brilliant scheme, not only to dump him, but to take all of his money and destroy his manly ego as well as his hopes for a happy old age.  So here she comes, into court, sweetly asking the judge to agree to the sale of the Clippers because it was such a good price, never mind that it belonged to Donald.  Never mind Donald.  The old man is getting weak.  Kick the old man in the teeth and take his stuff.  It will be fun.

Shelly found her doctors, told her doctors about Donald's symptoms (which they took at face value as true) and sat in the examinations with the doctors and Donald, explaining things to the doctors when she thought it would help getting the diagnosis of insanity.  Donald just basically sat there with a blank look on his face not know he was being examined, but nonplussed about being asked to draw numbers on a clock and spell the word "world" backwards.  Even when he passed the test, one of the doctors changed the score after the test to justify the diagnosis of insanity.  The other doctor took off points because Donald walked out of the room before the test was complete to join the six attorneys who waiting for him in the next room where they were planning legal strategy against the NBA.   Donald had been pulled out of this meeting to meet with the doctor.  Shelly told the press that the attorneys had known about the mental evaluation but of course this is absurd since at least one of them would have exercised Donald's right to have an attorney (not his wife) present at the examination.

So Shelly got her two doctors and took their statements into court and Donald called up both of the doctors and the attorney and chewed them out for tricking him.  Shelly took these recorded telephone messages to court to get a restraining order against Donald, falsely telling the judge that Donald had threatened the life of her attorney.  This was the first actual unmasking of Shelly's attorney, Pierce O'Donnell because the truth was that Donald did not threaten O'Donnell's life and that O'Donnell was lying to the court for tactical advantage.  Donald's attorney, Babak Samini (Bobby) was in the room with Donald when he called O'Donnell and could testify that there was no death threat.  Then O'Donnell changed his story and said that Donald had threatened his life in the courtroom hall.  Why in the world would Donald threaten to kill O'Donnell?  Donald is not the liar.  Donald is not the thief.  Donald has plenty of money and powerful attorneys.  He doesn't have to kill anyone.  Only a primitive man resorts to violence.   Donald is a gentleman, a bon vivant, a genius with money.  O'Donnell is pathetic.  The only physicality that could ever take place between these two men would be a slight nudge to one side if Donald had to move O'Donnell out of his way if he found O'Donnell prostrated in front of Donald's feet, begging for forgiveness.

All of this legal maneuvering took Donald's attorneys nonstop work to answer.  Time after time they asked the judge for a continuance, pointing out the unfairness of the summary proceedings which denied Donald due process but the judge refused, determined to proceed at full speed. When the Fourth of July weekend approached they slammed a "Notice of Removal" into the US District Court pointing out that Shelly had authorized the transfer of Donald's CAT scan to her two doctors which she had no right to do.  This was a violation of Donald's constitutionally protected right to doctor-patient privacy and this allowed the case to be rescued from the Los Angeles probate court.

Shelly's petition to the probate court asked for the court to authorize the sale to the Clippers for the benefit of the trust because she got such a good price for the team.  But the trust was comprised only of Shelly and Donald so how does the trust benefit if it sells an asset against the will of one of the two owners of the trust.  The idea of worrying about the trust is only relevant when the beneficiaries are different from the settlers or the trustees, not as here, where Donald and Shelly were co-settlers, co-beneficiaries and co-trustees.  The idea of the trust here being any different from Donald and Shelly is fiction.  There is no difference.  Is Shelly saying that the she and the court can decide for Donald what is best for Donald?  The Clippers should be sold for Donald's own good, no matter how much he is personally hurt by the loss of his most loved asset, specifically aimed and providing Donald with a happy old age?

Shelly states in her petition that the team is going to be sold anyway because the NBA wants it sold.  Well who is the NBA?  And how does Shelly know that the NBA will vote to sell the Clippers out from under Donald's feet?  Donald is presently suing the NBA for fraudulently fining him $2.5 million, banning him from the games and demanding the sale.  Donald has good reason for his suit against the NBA and will probably win.  Shelly has agreed to sell the Clippers to Ballmer and has also promised to withdraw Donald's suit against the NBA for good measure?  How is that for castrating a man?  Take away his money, his basketball team and deny him the right to sue for fraud.  Speaking as a widow, I find Shelly's cruelty toward her husband unacceptable and outside the bounds of decency and I am sure that most women would agree if they knew the facts.   Didn't most of America's women believe that Shelly was going to support Donald on the Barbara Walters show in his time of need?  Kicking a man when he's down is extreme cruelty.  Now we know what drove Donald into the arms of another.  The press assumes that Donald's son committed suicide to escape the psychic wounds of Donald's cruelty during the man's childhood.  There is not a cruel bone in Donald's body.  He is consistently happy, jovial, pleased with himself and generous.  Now look at Shelly's conduct.  She has the man falsely deemed insane, sells his favorite asset out from under him and goes to court to make it stick, using false stories of death threats to undermine Donald's reputation with the court.  This is cruelty.  Which of the two parents probably scarred the psyche of the son who died of a drug overdose, the father or the mother?  Who has greater influence on the psyche of the child, the father or the mother?  It is the mother who spends the most time with the child and in this case, only the mother has demonstrated cruelty for all the world to see, public and vicious.  No wonder Donald did not fly to the side of his wife when he learned that his son had taken his own life.  What was he supposed to do, comfort the person who was probably responsible for the death of his son?  Donald would not be able to act out such a lie.  Donald is not a liar.  Donald is a flaming truth teller which is why he is so financially successful.  This quality of honesty is only to be found in the world's finest geniuses.  Shelly did not understand or appreciate Donald.

Shelly recognizes in her petition to the probate court that there is a possibility that Donald could successfully challenge the NBA's right to seize and sell the Clippers but dismisses this idea because it would be "costly and protracted."  The court is asked to authorize the sale of the Clippers because it would cost a lot of money for Donald to defend himself against the NBA's fraud.  This statement is typical of what comes out of Shelly's camp, putting money before all else.  The materialism is so pronounced that when asked why O'Donnell is pressing to sell Donald's team out from under him he says, "We have two billion reasons!" meaning that the offer is for $2 billion.