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Sterling loses appeal to block LA Clippers sale

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Sterling's Appeal Denied


By BRIAN MELLEY

LOS ANGELES (AP) -- Donald Sterling's latest effort to block the $2 billion sale of the Los Angeles Clippers to former Microsoft CEO Steve Ballmer was rejected Wednesday by a California appeals court.

The 2nd District Court of Appeal issued a brief order Wednesday saying it couldn't halt a sale that had been completed.

"The evidence before this court indicates the sale of the Los Angeles Clippers to Steven Ballmer has closed," the court wrote. "Thus, there is nothing for this court to stay."

Even if the sale hadn't closed, the three judges said the former owner failed to show he was harmed enough to get a temporary stay.

Ballmer sealed the deal Tuesday after a probate judge cleared the way for Sterling's estranged wife to sell the team. The Los Angeles Superior Court judge said Shelly Sterling could complete the sale she negotiated after removing her husband of 58 years from the family trust that owned the team because of questions about his mental competence.

At the time she negotiated the record price for an NBA team the league was threatening to seize the team and auction it after banning Donald Sterling for life for making derogatory remarks about blacks.

Sterling's lawyers, who acknowledged in recent court filings that he isn't a sympathetic figure, derided the "popular" ruling against the unpopular owner. They said they were deeply disappointed with the appellate order.

"He has been deprived from ownership of the Clippers after 33 years without being accorded appellate review of this harsh result," attorneys Max Blecher and Bobby Samini said in a written statement.

Ballmer's lawyer, Adam Streisand, said they were "supremely confident" that even with further Sterling appeals, Ballmer is the "undisputed owner."

"Clipper nation rejoices," Streisand said. "He's got the ability to seek review by the California Supreme Court, where he has a one in 2 billion chance."

Shelly Sterling's lawyer said she was thrilled to have the court's blessing.

"It is time for Donald to accept that the game is over and he has run out of courts," attorney Pierce O'Donnell said in a statement.

Donald Sterling, 80, a billionaire lawyer who bought the team in 1981 for $12 million, still has lawsuits pending in state and federal court against the NBA. He has vowed to fight the league for the rest of his life.

His lawyers said he will be vindicated in the federal case.

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Donald Sterling banned from NBA for life
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Sterling loses appeal to block LA Clippers sale
Shelly Sterling is congratulated outside the courthouse in Los Angeles on July 28, 2014 after a ruling was made in the case between her and her husband Donald over the sale of the NBA's Los Angeles Clippers basketball team. A California judge gave the go-ahead to the $2 billion sale of the Los Angeles Clippers to former Microsoft chief executive Steve Ballmer, ruling that embattled owner Donald Sterling could not block the move. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
Shelly Sterling steps to the podium to respond to questions from the media outside the courthouse in Los Angeles on July 28, 2014 after a ruling was made in the case between her and her husband Donald over the sale of the NBA's Los Angeles Clippers basketball team. A California judge gave the go-ahead to the $2 billion sale of the Los Angeles Clippers to former Microsoft chief executive Steve Ballmer, ruling that embattled owner Donald Sterling could not block the move. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
Shelly Sterling reacts while facing the media outside the courthouse in Los Angeles on July 28, 2014 after a ruling was made in the case between her and her husband Donald over the sale of the NBA's Los Angeles Clippers basketball team. A California judge gave the go-ahead to the $2 billion sale of the Los Angeles Clippers to former Microsoft chief executive Steve Ballmer, ruling that embattled owner Donald Sterling could not block the move. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
Shelly Sterling reacts while facing the media outside the courthouse in Los Angeles on July 28, 2014 after a ruling was made in the case between her and her husband Donald over the sale of the NBA's Los Angeles Clippers basketball team. A California judge gave the go-ahead to the $2 billion sale of the Los Angeles Clippers to former Microsoft chief executive Steve Ballmer, ruling that embattled owner Donald Sterling could not block the move. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
Shelly Sterling reacts to questions while meeting with the media outside the courthouse in Los Angeles on July 28, 2014 after a ruling was made in the case between her and her husband Donald over the sale of the NBA's Los Angeles Clippers basketball team. A California judge on Monday gave the go-ahead to the $2 billion sale of the Los Angeles Clippers to former Microsoft chief executive Steve Ballmer, ruling that embattled owner Donald Sterling could not block the move. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
LOS ANGELES, CA - MAY 30: Steve Ballmer (L) and Eric Garcetti attend Game Six of the Western Conference Final during the 2014 Stanley Cup Playoffs at Staples Center on May 30, 2014 in Los Angeles, California. (Photo by Noel Vasquez/GC Images)
Los Angeles Clippers Interim CEO Dick Parsons speaks at a press conference on May 12, 2014 at Staples Center in Los Angeles. Clippers owner Donald Sterling has offered his first public apology for racist remarks that saw him banned for life from the NBA. AFP PHOTO / ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
LOS ANGELES, CA - MAY 7: Donald Sterling, owner of the Los Angeles Clippers, left and his wife Shelly pose for a photograph before his team played the Memphis Grizzlies in Game Four of the Western Conference Quarterfinals during the 2012 NBA Playoffs at Staples Center on May 7, 2012 in Los Angeles, California. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2012 NBAE (Photo by Andrew D. Bernstein/NBAE via Getty Images)
Former Microsoft CEO Steve Ballmer takes in a Clippers playoff game with NBA commissioner Adam Silver in May. Ballmer has reportedly agreed to purchase the Clippers for $2 billion, according to the Los Angeles Times.
LOS ANGELES, CA - OCTOBER 27: David Geffen attends the Los Angeles Lakers vs Los Angeles Clippers game on October 27, 2009 in Los Angeles, California. (Photo by Noel Vasquez/Getty Images)
OAKLAND, CA - APRIL 24: Oracle CEO Larry Ellison watches the Los Angeles Clippers face the Golden State Warriors in Game Three of the Western Conference Quarterfinals during the 2014 NBA Playoffs at Oracle Arena on April 24, 2014 in Oakland, California. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2014 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
A Los Angeles Clippers fan holds up a t-shirt cursing the team's owner Donald Sterling durring game 6 against the Oklahoma City Thunder on May 15, 2014 at Staples Center in Los Angeles, California, in their NBA playoffs round two series in which the Thunder defeated the Clippers 104-98 to win the series by four games to two. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
LOS ANGELES, CA - MAY 15: Rochelle Sterling attends an NBA playoff game between the Oklahoma City Thunder and the Los Angeles Clippers at Staples Center on May 15, 2014 in Los Angeles, California. (Photo by Noel Vasquez/GC Images)
LOS ANGELES, CA - MAY 15: Rochelle Sterling (L) and Pierce O'Donnell attend an NBA playoff game between the Oklahoma City Thunder and the Los Angeles Clippers at Staples Center on May 15, 2014 in Los Angeles, California. (Photo by Noel Vasquez/GC Images)
OAKLAND, CA - APRIL 27: Shelly Sterling (C), the wife of Donald Sterling owner of the Los Angeles Clippers, watches the Clippers against the Golden State Warriors in Game Four of the Western Conference Quarterfinals during the 2014 NBA Playoffs at ORACLE Arena on April 27, 2014 in Oakland, California. The players wore theirs warm up this way in protest of owner Donald Sterling's racially insensitive remarks. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Thearon W. Henderson/Getty Images)
LOS ANGELES, CA - APRIL 29: Rochelle Sterling attends an NBA playoff game between the Golden State Warriors and the Los Angeles Clippers at Staples Center on April 29, 2014 in Los Angeles, California. (Photo by Noel Vasquez/GC Images)
Shelly Sterling (R), wife of embattled owner of Los Angeles Clippers, Donald Sterling, watches Game 3 of the Clippers second round NBA playoff series against the Oklahoma City Thunder on May 9, 2014 at Staples Center in Los Angeles, California. AFP PHOTO/Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)
NBA Commissioner Adam Silver speaks to the media regarding the investigation involving Los Angeles Clippers owner Donald Sterling on April 29, 2014 at the New York Hilton Midtown in New York City.
NBA Commissioner Adam Silver addresses the media about the investigation involving Los Angeles Clippers owner Donald Sterling and accusations that he made racist remarks to a girlfriend. Sterling, a billionaire, will be banned for life in the NBA. Sterling has a controversial history in racially charged Los Angles with previous accusations of racism tempered by philanthropic work in inner city neighborhoods.
Los Angeles Mayor Eric Garcetti, Sacramento Mayor Kevin Johnson and former Los Angeles Lakers player Norm Nixon addresses the media during the press conference in response to the NBA's decision to ban Clippers owner Donald Sterling for life.
Former Los Angeles Lakers player A. C. Green and Kareem Abdul-Jabbar address the media during the press conference in response to the NBA's decision on Donald Sterling.
NBA Commissioner Adam Silver speaks to the media regarding the investigation involving Los Angeles Clippers owner Donald Sterling.
Director and actor Spike Lee watches as NBA Commissioner Adam Silver addresses the media about the investigation involving Los Angeles Clippers owner Donald Sterling.
Spike Lee attends the press conference as NBA Commissioner Adam Silver discusses punishment for Los Angeles Clippers owner Donald Sterling.
The Clippers wear their warmup jerseys inside-out prior to Game 3 of their playoff series against the Warriors in protest of owner Donald Sterling.
DALLAS, TX - APRIL 28: Members of the Dallas Mavericks and the San Antonio Spurs wear black socks in protest of comments made by Los Angeles Clippers owner Donald Sterling in Game Four of the Western Conference Quarterfinals.
Earvin 'Magic' Johnson Jr speaks at a press conference on student scholarships in Indiana on April 28, 2014 in Gary, Indiana. The NBA Hall of Famer held the press conference to promote a benefit to raise money for student scholarships in Gary. During the press conference Johnson also answered questions in regard to comments made by Los Angeles Clippers Owner Donald Sterling.
Los Angeles Clippers owner Donald Sterling attends the NBA playoff game between the Clippers and the Golden State Warriors, April 21, 2014 at Staples Center in Los Angeles, California.
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