Examples of Donald Sterling harassing doctors, lawyers

8/12/2019 Examples of Donald Sterling harassing doctors, lawyers

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PIERCE ODONNELL (SBN 081298)PODonnel1GreenbergGlusker.comMARC M. STERN (SBN 126409)MSternGreenbergGlusker.comAARON J. MOSS (SBN [email protected] GLUSKER FIELDS CLAMANMACHuNGER LLP1900 Avenue of the Stars, 21st FloorLos Angeles, California 90067-4590Telephone: 310.553.3610Fax: 310.553.0687Attorneys for TrusteeROCHELLE H. STERLING

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

Case No. BP 152858DECLARATIONS OF MERIL SUEPLATZER, M.D., JAMES EDW ARD SPAR,M.D., PIERCE O DO NNELL AND AARO NJ. MOSS IN SUPPORT O F EX PARTEAPPLICATION TO ENJOIN DONALD T.STERLING AND HIS COUNSEL FROMINTIMIDATION OF WITNESSES ANDCOUN SEL; EXHIBITS 1-15 THERETO[EX PARTE APPLICATION AND[PROPOSED] ORDER FILEDCONCURRENTLY HEREWITH]

Date: une 19, 2014Time: :30a.m.Dept : Room 260)

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81294 00002/2197902.1DECLARATIONS IN SUPPORT OF EX PARTE APPLICATION TO ENJOIN WITNESS AND COUNSEL

INTIMIDATION


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3. I regularly see patients suffering from A lzheimers Disease and other forms o fdementia. On May 19, 2014, I examined Donald Sterling for the purpose of determining hiscapacity to act as trustee of his family trust. I put m y findings in a written certification, which Iunderstand has been subm itted to the C ourt.

4. At 3 :12 p.m. on June 9, 20 14 , I received a voicemail message from DonaldSterling. I recently spent 80 minutes examining and speaking with Mr. Sterling about his medicalcondition. As a result, I am familiar with his voice. I recognize the voice on the voicemail asMr. Sterlings. In the voicemail message, Mr. Sterling calls me a fraud and a liar and a cheatand a horrible wom an. He accuses me of engaging in a conspiracy to declare him incompetenteven though you knew I was incompetent. He states that he is gonna see that I lose my

license. He threatens to sue me for a large sum. Attached hereto as Exhibit 1 is a disccontaining a true and correct audio copy o f the voicemail recording left by Mr. Sterling on m yvoicemail system.

5. Attached hereto as Exhibit 2 is a written transcription of M r. Sterlings voicemailmessage, which I have compared to the recording on my voicemail system and have found to be atrue and correct transcription.

6. At 1:58 p.m. on June 10, 2 01 4, I received a letter from M r. Bobby Samini,Mr. Sterlings attorney. In that letter, Mr. Samini accuses me of having engaged in interference81294 00002/2194602.2

I, MERIL SUE PLA TZER, M .D., declare as follows:

1. I am over the age of eighteen (18) and a resident of Los Angeles County,California. The facts set forth herein are of my own personal knowledge and if sworn as awitness I could and would testify competently thereto under oath.

2. I am a board certified doctor of neurology. I received my M.D. in 1981 fromWayne State University. From 1982-1985 I was a resident in neurology at the U niversity ofSouthern California in Los Angeles, California. I have been an active member of the AmericanAcademy of Neurology since 1983. I have been a Diplomate of the American Board ofPsychiatry and Neurology since 1998 and was recertified in 2008.

DECLARATION OF MERIIL SUE PLATZER, M.D.


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with prospective economic advantage as part of a conspiracy. He states (without any basis) thatmy findings are "clearly false, misleading, self-serving and designed for the benefit of PierceODonnell. He states that I am clearly liable for damages for [my] illegal conduct. Hedemands that I have no further contact with anyone concerning Mr. Sterlings medical condition.A true and correct copy of the letter is attached hereto as Exhibit3 .

7. iven the timing of these communications and the words and tone employed byMr. Sterling in his voicemail message and by Mr. Samini in his June 10, 2014, letter, I believethat Mr. Sterling and his lawyer are attempting to bully me into chang ing my opinion reg ardingMr. Sterlings incapacity. I also do not want to be intimidated if I testify in this matter.

I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct.

Executed this ay of 2014 at a1ifomia.

Men Sue Platzer, M.D .

81294-00002/2194602.2

DECLARATION OF MERIL SUE PLATZER M.D.


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S P A R D E C L


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2 I, JAM ES EDW ARD S PAR, M .D., declare as follows:3 1 am over the age of eighteen (18) and a resident of Los A ngeles County,4 California. I have personal kn owledg e of the facts set forth herein, and, if sworn as a witness, I5 could and would competently testify thereto under oath.6 2. am a licensed ph ysician, specializing in geriatric psychiatry. I am board-certified7 by the A merican Board of P sychiatry and N eurology. As a regular part of my p ractice, I am8 called upon to determ ine the capacity of others, and have frequently been appo inted by courts to9 determine capacity.

10 3 . n M ay 22, 2014, I examined D onald T. Sterling for the purpose of determiningwhether M r. Sterling was capable of carrying out his duties as a Trustee of the Sterling Fam ily

12 Trust. I put my findings in a written certification, which I understand h as been subm itted to the13 Court.14 4. n M onday, June 9, 2014,1 retrieved and played back a v oicemail message left on15 the voicemail system at m y UC LA office. According to my voicemail systems automatic16 date/time stamp, the m essage had been left at 3:15 p.m. on June 9, 2014. The caller on the17 voicem ail message identified him self as Donald Sterling, and I recognized the callers voice as18 that of Mr. Sterling, having exam ined him for almo st an hour approximately two w eeks earlier.19 Attached hereto as Ex hibit 4 is a disc containing a true and correct audio copy of the voicem ail20 recording left by M r. Sterling on m y voicemail system.21 5 ttached hereto as Exhibit is a written transcription of M r. Sterlings voicemail22 message, which I have com pared to the recording on my voicemail system and have found to be a23 true and correct transcription.24 6 . n his voicemail message, M r. Sterling accused me of acting improperly in25 disclosing the results of his mental evaluation. He threatened to cause m e to lose my license and26 get inc fired. He told me to have m y insurance company call him, and stated Ill show you what27 I think of you w hen I see you in court.28 7. n Tuesday, June 10 , 2014, I received a letter, via email, from Bobby Samini, who

identified himself as Do nald Sterlings attorney. A true and co rrect copy of this letter is attached81294 00002/21945482

DECLARA TION OF JAMES EDW ARD SPAR, M.D.


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hereto as Exhibit 6. In this letter, M r. Sarnini wrote that you are to have no furthercomm unication w ith anyone concerning M r. Sterlings medical condition and/or your treatmentof him with anyone other than Mr. Serling without his prior written consent. M r. Sam ini furtherstated that I am clearly liable for dam ages for [my] illegal condu ct.

8 . aving listened to Mr. Sterlings voicemail and reading Mr. Saminis letter, Ibelieve that the threats of M r. Sterling and his lawyer are for the purpo se of trying to get m e torecant or withdraw my conclusions regarding Mr. Sterlings mental state.

I declare under pen alty of perjury under the law s of the State of California that theforegoing is true and co rrect.

Executed this ay of 3t ,2014 a t 1 1 S / /2Itt , California.

t}aEdward Spar, M.D.

8 12 94 - 00002 t 2 19 4 5 48 , 2DE CL ARAT ION OF J AM E S E DWARD SPAR, M .D


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O D O N N ELL D EC L.


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I, Pierce ODonnell, declare and state as follows:1 . I am an attorney licensed to practice before all courts in the State of California. I

am Of Counsel to the law firm of Greenberg Glusker Fields Claman & Machtinger LLP,attorneys for Petitioner Rochelle H. Sterling. I make this declaration in support of Petitioners ExParte Application to Enjoin Donald T. Sterling and His Counsel From Intimidation of Witnessesand Counsel. I have personal knowledge of the facts set forth herein, and, if sworn as a witness, Icould and would competently testify thereto under oath.

2 . On May 29, 2014, I sent a letter to Mr. Sterlings attorney, Maxwell Blecher,notifying him that Mr. Sterling had been removed as co-trustee of the Sterling Family Trust (theTrust ), based on the certification of two licensed physicians that Mr. Sterling was incapable of

carrying out the duties as a Trustee of the Trust. A true and correct copy of my letter toMr. Blecher is attached hereto as Exhibit 7. In this letter, I referenced the removal provision ofthe Trust, Paragraph 7.5.c. and enclosed a complete copy of the Trust containing this provision.A true and correct copy of the Trust Cover Page and Article 7 of the Trust, containing thisprovision, is attached hereto as Exhibit 8. A true and correct copy of Article 10 of the Trust,defining incapacity, is attached hereto as Exhibit 9.

3 . Under Paragraph 7.5.c., each individual serving as trustee including Mr. Sterling):A) shall cooperate in any examination reasonably appropriate to

carry out the provisions of this Paragraph 7.5.c., B) waives thedoctor-patient and/or psychiatrist-patient privilege with respect tothe results of such examination, and (C) shall allow a Co-Trustee orthe Current Beneficiaries of the trust to review the individualsindividually identifiable health information or other medicalrecords, waiving any privacy rights governed by the HealthInsurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d HIPAA), and the regulations thereunder, including 45C.F.R. 160-164, to the extent required to implement thisParagraph 7.5.c.

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DECLARATION OF PIERCE O DONNELL IN SUPPORT OF EX PARTE APPLICATION


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4 When the Trust was executed on December 18, 2013, Mr. Sterling and Petitionerboth signed the "Acceptance by Trustee," which expressly acknowledged the "terms andconditions of service imposed pursuant to Paragraph 7.5.c." A true and correct copy of this

Acceptance by Trustee is attached hereto as Exhibit 10.5 I also referenced Paragraph 7.5.c. s disclosure provisions in an email to

Mr. Sterlings attorney Bobby Samini dated June 9, 2014 (copying Mr. Blecher). A true andcorrect copy of this email is attached hereto as Exhibit 11.

6 On Monday, June 9, 2014, at approximately 11:00 a.m., I received a phone call inmy office from Donald Sterling with his lawyer Bobby Samini on the line. My colleagues BobBaradaran and Laura Zwicker were in my office at the time and listened via speaker phone.

7 As between Mr. Samini and Mr. Sterling, Mr. Sterling did almost all of the talking.He began by yelling, "You are an asshole " He repeated this statement at least two more timesduring the "conversation."

8 Mr. Sterling told me that he was going to file for divorce against his wife, myclient, Petitioner Rochelle H. Sterling. He also stated that he was going to "sue everyone"including me personally. He said he did not care about the money it cost or what the claim wouldbe, but that he was going to spend whatever money he has to litigate just to make my lifemiserable.

9 Mr. Sterling then shouted even louder, and said in a menacing tone, "I am going totake you out, ODonnell " I felt threatened both by Mr. Sterlings tone of voice and the words heused, which I understood to mean that Mr. Sterling was going to kill me or have me killed. GivenMr. Sterlings notorious erratic and volatile behavior, I am concerned about this threat.

10 Mr. Sterling then asked "What do you want from me?" I replied that I wanted himto sign the Irrevocable Consent to Sale of the Los Angeles Clippers to Steve Ballmer for

2 Billion which was given to him the previous week.11 Mr. Sterling told me the he would not consent to the sale of the Los Angeles

Clippers and would fight to keep his team.

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DECLARATION OF PIERCE ODONNELL IN SUPPORT OF EX PARTE APPLICATION

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1 2 I asked Mr. Sterling why he was now refusing to consent to the sale of the LosAngeles Clippers when, during the previous week, he and his lawyer had stated at least threetimes to various media outlets that he would approve the sale negotiated by his wife. Mr. Sterling

replied Cant a guy change his mind?1 3 A true and correct copy of the certification that I received from Dr. Meril Platzer

dated May 29, 2014, concluding that Mr. Sterling was incapable of carrying out the duties as aTrustee of the Trust is attached hereto as Exhibit 12.

14 A true and correct copy of the certification that I received from Dr. James Spardated May 27, 2014, concluding that Mr. Sterling was incapable of carrying out the duties as aTrustee of the Trust is attached hereto as Exhibit 13.

1 5 A true and correct copy of the letter my office received from Dr. Stephen L. Readconfirming the methodology and conclusions of Drs. Platzer and Spar is attached hereto asExhibit 14.

I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct.

Executed on June 18, 2014 at Los Angeles, I I JPIERCE ODONNELL

2194477 4

DECLARATION OF PIERCE ODONNELL IN SUPPORT OF EX PARTE APPLICATION


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answer, I left him a voicemail message notifying him that Petitioner intended to present the ExParte Application on June 19,2014, at 8:30 a.m. in Room 260 of the above-entitled court, andinforming him of the relief Petitioner intends to seek. When I called Mr. Blecher's office, I wastold by his assistant, Michelle Ordaz, that Mr. Blecher was not available, nor was his colleague,Jordan Ludwig. Therefore, at Ms. Ordaz's request, I left notice with her that Petitioner intendedto present her Ex Parte Application, and informed her in detail of the time, place, and requestedrelief. Immediately thereafter, at941a.m., I sent Mr. Samini, Mr. Blecher and Ms. Ordaz anemail providing them the same notification. Attached hereto as Exhibit 15 is a true and correctcopy of my June 18, 2014 emaiL l did not receive a response to this email.

10. Adam Streisand of Loeb & Loeb LLP, counsel for interested party Steven A.Ballmer, waived the notice requirements of Rules of Court 3.1203 and3.1204 in connection withthe Ex Parte Application. Attached hereto as Exhibit l6 is a true and correct copy ofcorrespondence from Mr. Streisand dated June I 8,zll4,waiving notice.

I declare under penalty of perjury under the laws of the State of alifornia that theforegoing is true and correct and this this DeclarationAngeles, California.

cuted June 18, 2014, at Los

AARON MO

2195065.3DECLARATION OF AARON J. MOSS IN SUPPORT OF EX PARTE APPLICATION


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EXHIBIT


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Voicemail left for Meril Platzer M.D.Monday June 9 2014 3:12 pm

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Voicemail left for Meril Platzer, M.D.Monday June 9, 2014 3:12 pm

Meril Platzer, this is Donald Sterling, attorney. I would like you to have your attorney and insurancecompany call me at 278 uh 278-8000.

You released my medical records of my head to a law firm without my permission and you came in andyou purported to examine me and you never told me anything about it. You re nothing but a fraud anda liar and a cheat and I m gonna see that you lose your license and I m suing you for conspiracy. So haveyour lawyer call me. How dare you send my records to Pierce and have him. . . [trails off] first of all itwas a conspiracy to find that I was incompetent even though you knew I was incompetent [sic] Howdare you? What a horrible woman you are. All you did was go to the Beverly Hills Hotel and drinkliquor. I ve got two declarations from people in my house that all you did was cry and drink andcomplain about your life and then you lie about me that I m incompetent. How dare you? And then yougive it to a lawyer for the purpose of declaring me incompetent?

We re [inaudible] involving hundreds and hundreds of millions of dollars and I m gonna sue you for alarge sum. I guarantee you. And I hope that you would lose your license for your terrible conduct andconspiracy. If you want to reach me it s (310) 278-8000.

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SAMINI SCHEINBERG, PC949 South Coa st Drive, Suite 420, Costa Mesa , California 92626

Telephone: 949) 724-0900; Facsim ile 949) 724.0901

June 10, 2014

Via Facsimile, E-M ail Certified MailFax No.: 818-992-4124Me n S. Platzer, M.D.6325 Topanga Canyon Blvd,Suite 101Woo dland Hil ls , CA 91367

Re: n the Matter of Sterling v. N BA, al.O ur File _No.:_STE.101

Dear D r. Platzer:Please be adv ised that Donald S ter ling has reta ined our fi rm in connect-ion with

your u nauthorized relea se of his medical records to third parties.Please be advised that pursuant to California law and various professional and

ethical responsibilities you are to have no further communication with anyoneconcerning M r. Ster lings medical condi tion and/or you r t reatment of him with anyoneother than Mr. Sterling without his prior written consent. Your conduct has alreadyconstituted interference with prospective econ omic adv antage as pa rt of a conspiracy.

Further, your findings are clearly false, misleading, self-serving and designed forthe benefit of Pierce ODonne ll.

You are clearly liable for damages for you r illegal conduct.

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Meril S. Platzer, M.D.June 10, 2014Page 2 of 2

Please instruct your counsel to contact us immediately and instruct your liabilitycarrier appropriately

Very truly yoursS MINI SCHEINBERG PC

By:B obby Sam ini, Esq.

cc: onald Sterling Via Electronic M ail)Maxwell M. Blecher, Esq. Via Electronic M ail)

4815-2810 -4219, v. I

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Voicemail left for J. Edward Spar M.DMonday June 9 2014 3:15 p.m.

SEE TF C H ED C D

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Voicem ail left for J. Edw ard Spar, M.D.Monday, June 9, 2014, 3: 5 p.m.Im leaving my name: Donald Sterling. My number is (310) 278-8000.

Im gonna have you lose your license. How dare you give my medical records from my head toa law firm who hired you. They hired you for the purpose of finding me incompetent. Im notincompetent. Youre flicking incompetent you stupid fucking doctor. How dare you? I want tosee your records. How much were you paid for that? This is a conspiracy. You and the lawyergot together to try to establish that I was unable to perform. Im more able to perform than youare. You didnt even do any type of exam with me. I dont understand. In your letter you arewriting it to him. Theres an ethical issue here. Why would you give my personal mentalrecords to a lawyer for the purpose of suing me? Im just so excited. Im so angry. I just cantbelieve it.Have your lawyer and your insurance company call me. Im gonna call UCLA now. Im gonnaget you fired from UCLA because youre nothing but a tramp. How dare you let someone useyou that way? You know, you rely on doctors. You think that theyll be above it all. Butobviously youre not. Youll sell yourself for nothing. How dare you? How dare you give myrecords to a lawyer for the purposes of using it against me?This is a conspiracy and Ill show you what I think of you when I see you in court. Have yourinsurance company call me. My name is Donald Sterling in case youve forgotten. If you lookat your bill you ll see that your material was addressed to a law yer, so obviously he sent me toyou and you agreed to the conspiracy to do this. Thank you very much doctor.

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SAM INI SCHEINBERG , PC949 South Co ast Drive, Suite 420, Costa M esa, California 92626

Telephone: 949) 724-0900; Facsim ile 949) 724-0901

June 10 2014

Via E-Ma il Certified Ma ilJ. Edward Spar, M.D.UCLA760 Westwood PlazaLos Angeles, CA 90024

Re In the Matter of Sterling v. N BA, etal.Our File No.: STE.101

Dear Dr. Spar:Please be advised that Donald Sterling has retained our firm in connection with

your unauthorized release of his medical records to third parties.Please be advised that pursuant to California law, and various professional and

ethical responsibilities, you are to have no further communication with anyoneconcerning Mr. Sterling s medical condition and/or your treatment of him with anyoneother than Mr. Sterling without his prior written consent. Your conduct has alreadyconstituted interference with prospective economic advantage as part of a conspiracy.

Further, your findings are clearly false, misleading, self-serving and designed forthe benefit of Pierce O Donnell.

You are clearly liable for damages for your illegal conduct.

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J. Edward Spar M.D.June 10 2014

Page 2 o f 2

Plea se instruct your counse l to co ntact us immediately a nd instruct your liabilitycarrier appropriately.

Very truly yours,S MINI SCHEINBERG PC

Bo bby Samini, Esq.

cc: onald S terling Via Electronic Mail)Ma xwell M. B lecher, Esq. Via Electronic Mail)

4833-4004-3547 v.

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Maxw ell M. Blecher, Esq.May 29, 2014Page 2

10.24. of the Trust, a determination of incapacity results in the removal of an individual servingas Trustee.Paragraph 7.2.a. of the Trust provides that [i]f either Settlor ceases to serve, the othershall serve as Trustee Thus , as a result of Mr. Sterling ceasing to serve as a Trustee of theTrust, Mrs. Sterling is now the sole Trustee of the T rust. Therefore, M r. Sterling shouldimmediately cease taking any action as a Trustee of the Trust or holding himself out to thirdparties as a Trustee of the Trust.Please do not hesitate to contact m e if you or your client have any questions abo ut theTrust, Mr. Sterlings removal as a Co-Trustee of the Trust due to incapacity or Mrs. Sterling

immediately commencing to serve as the sole

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T H E S T E R L I N G F A M I L Y T R U S T2 0 1 3 R E S T A T E M E N T )

A R T I C L E 1I N T R O D U C T I O N

1 1 estatement Of TrustOn August 13 1998 DONALD T. STERLING and R O C H Z L L E I L

S T E R L I N G , who are referred to herein individually as the Husband or the Wife,respectively, or as a Settlor, and collectively as the Settlors or as the Trustee, dep endingupon the context, executed that certain Declaration of Trust referred to as T I L E S T E R L I N GF A M I L Y T R U S T . Pursuant to the Settlers retained p owe rs, the Settlors hereby restate T H ES T E R L I N G F A M I L Y T R U S T in its entirety. This restatement shall neither crea te new trustnor require the transfer or re-registration of assets now held b y the Trustee of T E E S T E E L I N GF A M I L Y T R U S T .

1.2 amily Of SettlorsThe Sottlors are ma rried to each other and have two (2) a dult living children

of their maniage,namely, JOANNA STERLING ILLERhdCHRTSSTERLING TheSettlers have one (1) d eceased child, namely S O TT ST E R L I N G The Seniors have no otherchildren, living or deceased, References herein to the Settlors children shal l include only theforegoing nam ed children.

1 3 isinheritance C lauseThe Settlers have intentionally omitted to provide for any individual not

mentioned in this docum ent who, if either Settlor had d ied intestate, would be entitled to share Inhis or her estate as an heir at law or otherwise,

1.4 ames Of TrustsThe trust restated by this document shall continue to be rcfcrrcd to as T H E

S T E R L I N G F A M I L Y T R U S T . From time to time, various trusts may be established und er thisdocument, and, as a matter of convenience, each such trust may be d esignated by a ny name setforth in this docum ent or by any other name tha t the Trustee considers appropria te.

1 5 haracter Of PropertyThe Community Trust shall remain the community property of the Settlors,and a Settlers Separa te Trust shall rema in the separate property of the transferring Settlor. To

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7.4 ualif ication Of S uccessor Trustees7.4,a onsent To Serve

o person shall qualify to serve as a Trustee of any trust unless theperson has consented to serve in writing, which consent shall specifically accept any terms andconditions of service, including those imposed pursuant to Pa ragraph 7,5.c. or by a designationunder Paragraph 7.3. All fees and costs incurred by the person in determining whether or not oconsent to serve shall be paid from the trust as an expense of administration.

7,4.b onflicts Of InterestNo person shall be disqualified from serving as a Trustee of any

trust by reason of (I) owning an interest in real or personal property in which the trust holds aninterest, (ii) owning an interest in a corporation, partnership, limited liability company or otherbusiness venture in which the t rust holds or has at any time held an equitable, beneficial ormanagement interest or iii) being an officer, director or employee of any corporation,partnership, limited liability company or other business venture in which the trust holds or has atany time held an equitable, beneficial or management interest.

Decllnation,Red gnationAnd Rem oval Of T rustees7.5.a eclination

A Replacement Trustee of .any t rust may decline to serve U flwritten notice to the, then, serving Trustee or, if there is none, to all then Current Beneficiaries ofthe trust.

7.5.b esignationA T rustee of any trust may resign upon written notice to all other

Co-Trustees or, if there are none, to the resigning Trustee s successor or, If none, to all thenCurrant Beneficiaries of The trust.

7 5.c emoval Of Indiv idual Due T o IncapacityAny individual who is deemed incapacitated, as defined in

Paragraph 10.24., shall cease to serve as a Trustee of all trusts administered under this document.Each individual who agrees to serve as a T rustee of any trust administered under this document(A) shall cooperate in any ex amination reasonably a ppropriate to carry out the provisions of thisParagraph 7.5.c. (B) waives the doctor-patient and/or psychiatrist-patient privilege with respectto the results of such examination, and (C) shall allow a Co-Trustee or the Current Beneficiariesof the trust to review the individual s individually Identifiable health information or other

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medical records, waiving any privacy rights governed by the Health Insurance Portability andAccountability Act of 1996, 42 U.S.C. 1320d (HIPAA), and the regulations thereunder,including 45 C.F.R. j160-164, to the extent required to im pleme nt this Paragraph 7.5.c. Anindividual s obligation to comp ly with the prov isions of this Paragraph 7.5.c. is specificallyenforceable.

75 emoval Of Trustee For Cause(i ) Majority Beneficiaries May Rem ove Trustee For Cause.

The Majority Beneficiaries of any trust may rem ove any Trustee thereof for reasonable cause bydelivering written notice of the removal which specifies the reasonable cause for the removal toall persons then serving as Trustee, to the Replacement Trustee and to all other CurrentBeneficiaries of the trust.

ii ) Causes For Removal As used in this Paragraph 7.5.d.,the term reasonable cause includes (A) the incapacity o the Trustee as provided inParagraph 7.5.c., (B) the willful or negligent mismanagement of the trust assets by the Trustee,(C) the abuse or abandon ment of, or inattention to, the trust by the Tru stee, (D) a federal or statech a rge a gainst the Trustec involving the comm ission of a felony or serious misdemean or, (B) anact of stealing, dishonesty, fraud, embezzlement, moral turpitude or moral degeneration by theTrustee, (F) Substance Abuse by the Trustee,. (0) the Trustee s poor physical, mental oremotional health which causes the Trustee to be unable to devote sufficient time to administerthe trust, (H) the Trustee s failure to comply with a w ritten agreement regarding com pensation orany other legally enforceable w ritten agreement affecting the trust s operation, (1) a deman d forunreasonable com pensation, (J) the failure of a corpo rate Trustee to appoint a senior officer withat least five 5) years of experience in administering trusts to handle the account, (K)unreasonably high turnov er of account officers assigned to the trust (unless requested by theMajority Beneficiaries), (L) unreasonably poor Investment performance, (M) the removal of allCurrent Ben eficiaries from the State in which the corp orate Trustee is l icensed to conductbusiness as a corporate Trustee, (N) the relocation of the Trustee away from the location wherethe trust operates so as to interfere with the administration of the trust, (0) unreasona ble lack ofcomm unication between the Trustee and the Current Beneficiaries, F ) unreasonably inaccurateor unclear transaction statements or statements of account, (Q) unreasonable conflicts betweenthe Trustee and the Cu rrent Beneficiaries caused by the Trustee, (R) merger, acquisition or adeteriorating financial condition of a corporate Trustee, or (5) any other reason for which a courtof competent jurisdiction wou ld remove a Trustee.

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5.e iability Of Former TrusteeIf a Trustee: resigns or is removed as provided An this

Paragraph 7.5., or ceases to serve, including by v irtue of the termination of any rust, the Trusteeshall not be relieved of liability until the Trus tee s accoun ting has been se ttled pu rsuant toParagraph S .3. and the T rustee s successor, If any, has c o m m e n o e 4 s e rv in g

7 51 emoval Of Trustee Without Causei) Removal Of Trustee Without Cause. The (A ) M ajority

Beneficiaries of any trust acting together with (B) the m ajority of the perso ns then serving asTrustee of such trust m ay remov e any Trustee of such trust without cause by delivering w rittennotice of the removal to all persons then se rving as Trustee, to the Replacem ent Trustee and toall Current Ben cfiiaries of the trust.

ii) Removal Of Corporate Trustee Without Cause TheMajority Beneficiaries of any trust may rem ove the corporate Trus tee of such trust without causeby delivering written notice of the removal to all persons then serving as Trustee, to theReplacemen t Trustee and to all Current Beneficiaries ofthe trust.

7.6 rovisions Relating To Multiple Truste7.6.a n General

When two CO-Trustees are :serving, they. shall act unanimously.When m ore than two Co-T rustees are serving, they shall act by majority vote; no dissenting Co-Trustee shall be liable to any person for any action taken or not taken pursuant to the decision ofthe majority.

7.6.b hen Settlors Are Serving As Co TrusteesThe pro visions of this Paragraph 7.61i shall apply only while both

Scfllors are serving as the on ly Trustees of any trust.(i) inancial And Administrative Matters Other Than Real

Property. Excep t as provided in subparagraph (ii) below, either Trustee alone, and without theapproval of the other, may, with respect to transactions involving assets not in excess of OneHundred T housand D ollars, adjusted as provided in Paragraph 6.12., (A) sign checks or otherwithdraw al instrum ents drawn on the trust s bank, stock, bond, brokerage or other accou nts,including orders and instructions, (B) execute any other instruments of conveyance of propertyof the ti-ust, excluding real property, (C) form, alone or w ith others, and invest property of the

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trust in, any new business entity, including a corporation, partnership or limited liabilitycompany and D) take any a ction authorized by the following provisions of this Paragraph 7.6.b.In addition, a Trustee may act with respect to any Other matter that has been delegated to suchTrustee by the other pursuant to Paragraph 7.6.c.

ii) Real Property Matters. Both Trustees shall act togetherwith. respect to the execution of any ins trument by w hich an interes t in real proper ty in theCom munity Trust is leased for a longer period than one year or is sold, conveyed or encum beredunless one Trustee has delegated powers affecting the real propelty to the other Trustee pursuantto Paragraph 7.6.c.

iii) Partnership Matters. If the trust is a general or limitedpartner of any partnership, either Trustee alone ma y, with respect to transactions involving assetsnot in excess of On e Hundred Thousand Dol la rs , adjusted as provided in Paragraph 6 .12.,execute any documents on behalf of the trust with respect to the partnership includinggovernance, loan, encumbrance and/or conveyance documents.

iv ) Limited Liability Company Matters. If the trust is amanager o r mem ber of any l imited l iabil i ty com pany, e i ther Trustee a lone mayj th respect tot ransac tions involving asse ts not in excess of O ne Hundred Thousand Dol la rs , adjusted asprovided in P aragraph 6,12., execute any docum ents on behalf of the trust with respect to thelimited liability company, including governance, loan, encumbrance and/or conveyancedocuments.

v) Corporate Matters. if the trust is a shareholder of anycorporation, either Trustee alone may, with respect to transactions involving assets not in excessof One Hundred Thousand Dollars, adjusted as provided In Paragraph 6.12., execute anydocum ents on behalf of the trust with respect to the corporation, including governance, loan,cncunibranoc and/or conveyance docum ents.

vi) Ongoing Business Matters. A T rustee who, acting alone,operates or manages a business that is a part of the Community. Trust may, acting alone, sell,exchange, encumber or dispose of that business after complying with the requirements ofCalifornia Family Code 1100 d).

vii Reliance By T hird Parties. Subject to subpa ragraph i i)above, any third party may accept orders and other instructions from either Trustee, and either

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Trustee may alone execute any documents on behalf of the trust which the third party mayrequire.7.6.c elegat ion By Trustees Permitted

I ) xercise Of Delegation Power. Any Co-Trustee may atany time delegate to any one or m ore other CO-Trustees all or any of the delegating Trustee spowers. The delegation shall (A) be in writing, (B) be delivered to all other Co-Trustees and (C)specify the powers delegated. Any delegation may be revoked or modified in the seine manner.Notwithstanding the foregoing, powers vested exclusively in the Independent Trustee may onlybe delegated by an Independent Trustee to another Independent Trustee and po wers vestedexclusively in the Neutral Person serving as Trustee may only be delegated by a Neutral Personserving as Trustee to another Neu tral Person serving as Trustee,

(ii) Reliance On Delegation y Third Parties Any thirdparty, including any insurer, transfer agent, securities broker, bank, trust comp any, credit union,title insUrer or other financial institution, may rely upon any delegation pursuant to t isParagraph 7.6 .c. and shall incur no liability for any.action taken in reliance on the delegation inthe absence of actual knowledge of its revocation or mod ification.

iii) Duty To M oni tor By Delegating Trustee. Any delegationpursuant to this Paragraph 7.6 .c. shall not relieve the delegating Co-Trustee of the duty tomonitor the actions of the Co-Trustees to whom.powers have been delegated.

7.7 ond WaivedNo bond shall be required of any p erson serving as a Trustee of any trust

unless requested, in writing, by the M ajority Beneficiaries of the trust.Compensation For Services7.8.a or Individuals

Any individu al serving as a Trustee of any trust shall be entitled to(I) receive reasonable com pensation for services rendered to the trust as a Trustee, even ifreceiving compensation as a pa rtner, Officer, director; manager, mem ber or employee of anycorporation, partnership, limited liability company or other business. v enture, an Interest in whichis held by the trust and (ii) be reimbursed for any reasonable exp enses of the trust that theindividual has paid. N otwithstanding the foregoing, a Settlor shall not receive com pensation asTrustee with respect to any trust revocable by such Sefflor ny individual may waive the right

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to compensation for services to be rendered to any trust A waiver m ay-be limited in duration orto specific services. The Trustee is authorized to retain himself or herself or any firm with w hichhe or she is associated to render legal. or other profession al services, Fees may be p aid for suchservices without respect to such relationship and without respect to any agreement which theTrustee may have with his or her firm concerning the division of fees and com missions aftercomplying with the requirem ents of California Probate Code 156 87, if applicable.

7.8.b or orporate TrusteesAny corporate Trustee shall receive compensation for its services

in the amount and at the time specified in its Schedule of Fees and C harges established from timeto time arid in effect when the services were rendered) by the corporate Trustee for theadministration of trusts of a character similar to the trust as to which the co rporate trustee isserviig, including minimum fees, and additional compensation for special investments, closely-held business interests and certain other services. The Settlors intend this Paragraph be aprovision for specific rates or amounts of com missions within the meaning o f any applicablestatute requiring such a provision. The Settlors recognize that such com pensation m ay exceedthe compensation for services in effect from time to time under applicable law. If a corporateTrustee engages in affiliate to assist with tho administration of any trust pursuant toParagrap h 8.l.a., the compensation p aid bythe trust tothe affiliate shall not affect the corporateTusee scomensaon - -

7.9 iability Of Trustee.9.a n General

Unless expressly provided otherwise in this documen t, the Trusteeshall be liable for any action taken or omission m ade that fails to com ply with the Trustee sstandard of care determined under C alifornia law. Notw ithstanding -the foregoing, with respectto (1) the determination of wh ether to implement an express recommendation set forth in thisdocum ent or (ii) a distribution- made or withheld without actual -notice of the event upon whichthe right to the distribution depen ds, the Trustee shall only be l iable for an action taken oromission m ade in bad faith or with gross negligence.

7.9.b With R espect To Inreetmentsursuant to the California Uniform Prudent Irrveslor Act, the

Trustee s investment perfonnance shall be evaluated in light of the Trustee s overall investmentpaf-formance and - not in light of any isolated investment. Notwithstanding the foregoing, the

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Trustee shall have no liability for retaining any property transferred to any trust by either or bothScttlors s provided in Paragraph 8 .1.c., w ithout diversification.

7.9.c ith Respect To cts Of PredecessorA successor Trustee shall not be liable for an action taken or

omission made by a predecessor Trustee unless the successor (I) has actual know ledge of factswhich might reasonably be expected to put the successor on notice of such action or omissionand (ii) fails to investigate and/or take appropriate reme dial action. All fees jand costs incurred inconnection with a determination of a predecessor Trustee s liability shall be paid by and chargedagainst thetrust as to which the predecessor Trustee served subject to any right ofreimbursement or contribution from the predecessor Trustee.

7.9.d ith Respect To Acts O f Designees, Delegates Or ProfessionalsA Trustee who has i) designated Co-Trustees, ii) delegated

powers to a Co-Trustee or (iii) employed professionals or agents to assist with the administrationof any trust pursuant to Paragraph 8.1 ,a. shall not be liable for the actions or omissions of suchdesignees, delegates, professionals or agents, nor shall the Trustee be obligated to continuallysupervise or monitor any of them, un less the Trustee either- .(i).has designated, delegated oror (ii) has actual knowledge of facts which might reasonably he expected to put the Trustee onnotice of improper actions or om issions by such designees, delegates, professionals or agents andthereafter fails to investigate and/or take appropriate remed ial action.

7.9.e ith Respect To ndependent Person Or Neutral PersonServing As Trustee Neither an Independent Trustee serving solely for the purpose of

exorcising one or more of the p o w r s vested in the Independent Trustee nor t Neutral Personserving as Trustee solely for the purpose of exercising one or more of the pow ers vested In theNeutral Person shall have any responsibility for the administration of any O ther assets of thetru.

7.9.f urden Of Proofn all cases, a person claiming that the Trustee has failed to com ply

w ith the Trustee s s tandard of care under this Paragraph 7.9. shall have the burden of provingsuch claim.

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reniediation, removal, transportation, use or existence of a waste, substance or materialhazardous toxic, radioactive or dangero us to the public health, safety or the environm ent.

.10.24 ncapacityIncapacity , and derivations thereof mean incapable of managing an

individual s affairs under the criteria set forth in California Probate Code 810 et seq. Anindividual shall be deem ed to be incapacitated if any of the following conditions exist: (a) theindividuals regular attending physician (provided such physician is not related by blood ormarriage to any Trustee or beneficiary) examines the individual and certifies in writing that theindividual is incapacitated, (b) two licensed physicians wh o, as a regular part of their practice arecalled upon to determ ine the capacity of o thers , and neither of whom is related by b lood ormarriage to any Trustee or beneficiary, examine the individual and certify n writing that Theindividual is incapacitated or (c) an order of the court having jurisdiction over the trust as towhich the individual is serving as a Trustee or as to which the individual is a beneficiary, as thecase may be, finds that the individual is incapacitated. The expenses of any examinationor courtproceeding to determine if an individual is incapacitated shall be p aid (I) if the individual is aSctttor, from all trusts established under this document revocable by him or her, and (ii) if theindividual is a Current Beneficiary other than a Settlor, from all trusts established under thisdocument with respect to which he or she is a Current Beneficiary and (iii) if the individual is aTrustee but not a Current Beneficiary under this document, from all trusts adm inistered underthis document as to which the individual is serving as a Trustee, in each case in proportion to therelative values of the trusts from which paym ent is to be m ade,

10.25 ncludIngIncluding mea ns iiicluding, but not limited to.

10.26 ndependent PersonIndependent Person means a person who is neither (i) a beneficiary of the

trust, (ii) a person who h s transferred or joined in the transfer o f property to the trust, nor (iii) aRelated or Su bordinate Party to any person described in the preceding clauses (i) or (ii).

10.27 ndependent Trustee.Independent Trustee means al l Independent Persons serving as Trustee.

10.28 ssuIssue of any individual means The individuals lineal descendants of allgenerations (i.e., the individuals children, grandchildren, great-grandchildren and so on).

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12.8 ounterpartsThis docum ent may be executed in one or more counterparts each of whichshall be deemed an original part and all of which wh en taken together shall constitute a singleinstrument

D O N A L D T

A C C E P T A N C E B Y T R U S T E E

The undersigned hereby accept the office of Trustee and agree to serve in accordance with theterms and conditions of service as set forth in this document specifically including those termsand conditions of service imposed pursuant to Paragraph 7 5 c.

A H e K A4Esecuted on_J PD O N A L D T T RLIN G S L14RST72

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STATE OF CALIFORNIACOUNTY OF L oOn 1XCtmbw , before me, o Shi r Notary Public(hero ilsert nazie and Ilije of officer)personally appeared D O N A L D T STERLIN G, who proved to me on the basis of satisfactoryevidence to be the person3 who se name(s) is/are- subscribed to the within instrumen t andacknowledged to me that heMe/thay executed the same in his/hentheir authorized capaclty(las),and that by his/het*heir sig aturea) on the instrument the person (s, or the entity upon beh alf ofwhich the persons) noted, executed the instrument.I certify UND ER PEN ALT Y O F PERJU RY under the laws of the State of California that thefor going paragraph is true and correct.WITNESS my hand ando e m345

Notary Public UP-*M y c o i n w L g el res Ad 31. 2915tSignature

STATE OVCALIFQRNJACOUNTY OF LOG

On 1C-4fl9c r lS 2-o ? , before me, _Sh rz- Notary Public(hem inrort nam e and t i t l e of of i loor)personal ly appeared ROCIIELLE H. STERLING who proved to me on the basis ofsatisfactory evidence to be the person(s) whose nam) isare- subscribed to the withininstrument and acknowledged to me that hsheI hc executed the same in his/her/theiLauthorized capacityia, and .that-by.rhfsIher/.theit signaiture(4 on the instrument the person(s), orthe entity upon behalf of which the person) acted, executed the instrument.I certify UND ER PEN ALT Y OF P ERJUR Y under the laws of the State of California that theforegoing paragraph is true and correct.WITN ESS my hand and official sea l v b r y Pu lik CaIotn i iLoAagiti coyLErn. a p k i s J u l 3Signature Seal)

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Luis NancyFrom: ODonnell, PierceSent: Monday, June 09, 2014 4:22 PMTo: Bobby SaminiC c Baradaran, Bob; Kim Carasso; Maxwell Blecher; Courtney Palko; Jordan Ludwig;

STE.101/Sterling v. NBA; Zwicker, Laura; Stern, Marc M.Subject: RE: Revocation of Sterling Trust

Mr. Samini:We in receipt of Mr. Sterlings revocation of The Sterling Family Trust. I hope that you have thoughtfully advised yourclient of the financial consequences of the revocation under the $350 Million secured lines of credit with Bank ofAmerica and City National Bank. Please note that under Paragraph 7.5.c. of The Sterling Family Trust (2013Restatement), which I have attached for your convenience, each individual serving as trustee (including Mr. Sterling)(a)shall cooperate in any examination reasonably appropriate to carry out the provisions of this Paragraph 7.5.c.,

(b)waives the doctor-patient and/or psychiatrist-patient privilege with respect to the results of such examination, and(c)shall allow a Co-Trustee or the Current Beneficiaries of the trust to review the individuals individually identifiablehealth information or other medical records, waiving any privacy rights governed by the Health Insurance Portability andAccountability Act of 1996, 42 U.S.C. 1320d (HIPAA), and the regulations thereunder, including 45 C.F.R. 160-164, tothe extent required to implement this Paragraph 7.5.c. An individuals obligation to comply with the provisions of thisParagraph 7.5.c. is specifically enforceable. Mr. Sterling not only signed the trust instrument as settlor, but, pleasenote, Mr. Sterling signed an acceptance under which he specifically acknowledged that he agreed to serve as trustee inaccordance with the terms and conditions of service set forth in the trust instrument, specifically including the termsand conditions of service imposed pursuant to Paragraph 7.5.c.Please be further advised that any lawsuit against any lawyers in our Jaw firm or either of the doctors will be a maliciousprosecution and will be dealt with accordingly.

Pierce ODonnell

F r o m : Bobby Samini [mailto:bsaminRSaminiLaw.com]Sent : Monday, June 09, 2014 2:41 PMTo: ODonnell, PierceCc: Baradaran, Bob; Kim Carasso; Maxwell Blecher; Courtney Palko; Jordan Ludwig; STE.101/Sterling v. NBASub jec t : Revocation of Sterling TrustGentlemen:Attached is Donald T. Sterlings notice of renovation of The Sterling Family Trust (2013 Restatement). Any further action onyour part to force the sale of our clients assets will be vigorously challenged.Further, my client believes that your firm has conspired with the physicians that purportedly examined myclient. Furthermore, we hereby demand that you provide us with any written consent provided by Donald Sterling whichwould allow the release of his medical records to your firm (or any other third party).

Bobby Samin i Samini Scheinberg PC949 South Coast Drive Sui te 420 Costa Mesa Cali fornia 92626

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Tel: 949) 333.7203 Fax: 949) 724.0901Email: bsaminksaminilaw.comThis transmission is intended for the sole use of the individual and/or entity to whom it is addressed andmay contain information that is privileged confidential and exempt from disclosure under applicable law.You are hereby notified that any dissemination distribution or duplication of this transmission by som eoneother than the intended addressee or his her or its designated agent is strictly prohibited. If your receiptof this transmission is in error please notify this firm imm ediately by reply to this transmission.

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PRYSICIN S (RTIIP1CA110N 07 TRUSTE E S INCAPAC ITYI D r . M e d l Sue P la i z e r iunaphy sician (Dlplom ate of the American Board ofNeurology and Psychiatry) licensed by the State of Califorpia. My address is 6325 To pangaCanyon Blvd Suite .101 Woodland Hills California 91367.

2 . lam not related by Wood or m arriage to any Trustee or to any Beneficiary of TheSterling F amily Treat.3 . I las t examined D onald T. Sterling on M ay 19, 2014 and, based upon my recentexai ina ton; I am render ing the fol lowing cer t i f ica t ion.4 . Based upon my evaluation pethntted on M ay 19 , 2014 , i t i s m y opinion that Mr.Dona ld T. S ter l ing is suffer ing f rom cogni t ive Iqaimlen t secodar j r to p r ima ry dem ent iaAlzhehner s d isease. The duration of the mem ory Issues is at least 3 yeam. The M lniMcutuI

Status Exam using the Foistuin teciwiqus be scored 23 out of possible 30 points . He was unableto spel l the world World badmards ,perfonf l serial 7 spast 93, wiaware of the season, reca l l ed 2objects after three minutes and initially had difficulty drawing a clock. The score Is belownonnal for his age and advanced education. he PET .scan of the brain performed May 16 , 2014at Mark Tapef Foundation imaging Center was positive for moderate reductions In the anteriormeia1 region s of the temporal lobe awl bilateral parietal regions right greater than left. Theconsteflafion oJ flndlngs Is consis tent with aNeurod ementia of the Alsheirnee s type.5. It Is my opinion that M r. Donald T. Sterling isuzmblc to reasonably carry our thedwJcnOf his level of attention, infuonstion processing short term m emory un pawm emt and ebiliy iomod ulate mood, em otional lability, -nd is at ride of making po tentially serious errors ofjudgment .6 . I f addi t ional infonnai ies i s i eeded, I am b e reacbedat the add ress above.

Dated M ay 2 9 , 2 0 1 4 paDr. M eri t Sue Fla iza r

(Pr iatname)

5 2 4.50002 2175757.1

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UNIVERSITY OF CALIFORNIA, LOS ANGELESBhiftICEl.0 DAVTS IRVINE .LOS ANGELES MERCEI IIVEESIDE SAN DIEGO SAN FRANCISCO P IUIIill

May 27, 2014JAMES E SPAR, M.D.PROFESSOR, DEPARTMENT OF PSYCHIATRYBIOBEHAVIORAL SCIENCESDIVISION OF G ERIATRIC PSYCHIATRYDAVID GEFFEN SCHOOL OF MEDICINE AT UCLA760 WES1\N000 PLAZA

LOS ANG ELES, CALIFORNIA 90024-1759Pierce ODonnellGreenberg Glusker Fields Claman & Machtinger LIP1900 Avenue of the Stars, 21st FloorLos Angeles, CA 90067

Dear Mr. ODonnell:

At your request I evaluated Mr.. Donald Sterling, an 80-year old businessman, in hishome at 808 North Beverly Drive, on May 22, 2014. When I arrived at his house, Mr.Sterling was meeting with several attorneys In another part of the house, and did notleave the meeting until his wife, Shelly Sterling, arrived and Indicated that I wasthere. At that point he came into the room to meet me, followed by Shelly. He asked

er to sit on a chair to my right, while he satin a chair to my left, and I was sitting-inbetween them on the couch. I asked him if he knew why I was there, and he said, Ithink so . I explulned that you had contacted me and Indicated that he had recentlyundergone a positron emission tomographic (PET) scan of his brain at Cedars-SinaiMedical Center that was read as consistent with a neuro dementia of the Alzheimerstype . I informed him that I had told you that a scan of this type aloneis notadequate to establish the diagnosis of Alzheimers disease and could not determine anindividuals actual mental capacity, and that an In-person evaluation would benecessary to rule out or confirm the presence of cognitive impairment consistent withAlzheimers disease. I explained to Mr. Sterling that I would be conducting such anevaluation; Shelly Sterling added that I was there for a second opinion , and Mr.Sterling agreed to cooperate with the evaivatlon.During the evaluation Mrs. Sterling remaIned in the room, added some-historicalinformation when I asked, and on two occasions, when Mr. Sterling became Impatientwith the evaluation and wanted to return to a room full of six attorneys , encouragedMr. Sterling to complete the evaluation. She did not otherwise interfere with theevaluation in any way.I elicited his history of memory and other cognitive impairment, then administered ageneral mental status examination, a Foistein Mini-Mental State Examination (MMSE),and several additional tests of remote memory, naming, language comprehension,general-fund of knowledge, and frontal executive functions, including abstractthinking, word list generation, clock drawing, and the Trails B test.

UCLAS NT B RB R S NT CEUZ

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UNIVERSITY OF CALIFORNIA, LOS ANGELES CLBESWSLY D V IS J I WI NE WS NGELS MflCED RIVERSIDE S N DECO SAN FMNCISC ) ANTA. B R B R SANE i CUUZ

Mr. Sterling admitted that he has noticed problems with his memory over the past twoyears. He said, "I cant remember names and streets". He also acknowledged wordfinding difficulties, and when I asked if he ever got lost, he said no, but stated,"Sometimes I get confused when I get off an elevator". Mrs. Sterling Indicated thatshe has noticed the same problems, but put the onset at about three years ago.On general mental status examination Mr. Sterling was well dressed and groomed,alert and in no distress, and generally quite cooperative with the examination.However, on one occasion he.asked if we were done and started to leave, but Indicated that there was about S more minutes of testing, and he consented to stay

and continue the testing. Towards the end, when administered the Trails B test, hewas unable to perform the task and became angry; stating, "I cant do it, I dont wantto do It, and I have to get back to my meeting". Mrs. Sterling and I were able toconvince him to try again, and he looked at the test page, stated, "I cant do it", threwthe pen down and left the room. Other than this outburst at the end, his mood wasgenerally euthymic and his affect was appropriate In direction and degree. Therewere no abnormaiit es of the form, flow or content of thought, and his psychomotorbehavior was entirely within normal limits. He scored 24/29 (I dId not administer the"What floor are we on" item) on the MMSE, losing one point eachon orientation todate and day, two on attention and concentration (I administered serial sevens - hewould not attempt to spell world" backwards), and two on recall. This score is belownormal for his age and advanced education. His performance on the other tests wasmixed: his naming was intact, but his recall of remote, impersonal events andInformation was mildly to moderately impaired. His frontal executive function asreflected by clock drawing was within normal limits; as reflected by similarities and

ord list generation was mildly impaired, and as reflected by the Trails B test wasmore significantly impaired. It should be noted that on some of the test Items hetended to "give up" easily, and required quite a bit of prompting to complete the task.However, I believe the test results are valid despite a possibly less-than-optimal efforton his part.Based upon this evaluation I believe that Mr. Sterling is suffering from mild globalcognitive impairment, with relatively greater impairment in memory and frontalexecutive functions. The overall picture Is consistent with early Alzheimers disease,but could reflect other forms of brain disease. Because of his cognitive Impairment,Mr. Sterling Is at risk of making potentially serious errors of judgment, Impulsecontrol, and recall In the management of his finances and his trust. Accordingly, Inmy opinion he is substantially unable to manage his finances and resist fraud andundue influence, and is no longer competent to act as trustee of his trust.

Sincerely,J Edward Spar, M.D.Professor of PsychiatryDivision of Geriatric Psychiatry

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Stephen L. Read MDPsychiatry

Genatric Forensic PsychiatryPATIENT OFFICE ______ USINESS OFFICE566 Overland Avenue Alt Correspondence)Suite 500B 621 West 25 S t ree t, PUB 25 5Los An geles, California 90064 an Pedro, California 90732

Phone (310) 521-9747; FAX (310) 521-8112E-mail: [email protected]; www.geriatricpsychiatrist .com

Ju ne 1 0 , 2 0 1 4Laura Zw icker , Esq .Greenberg Ghisker Fie lds Claman & Macht inger LLP1900 Avenu e of The S ta r s , 2 1 a FloorL os A nge les , CA 90 0 6 7

In re: Mr. D o n a ld STE RL IN GDear Ms. Zw icker :

of Mr. Donald Sterling in light of possible conifictabout Mr Sterling s capacity to continue to act as I flStlllFattilTTmst M y review-ie-------informed by the fol lowing:

1 . Paraph 1 0 .2 4 o f T he S te r l ing F am i ly T ru s t de f ines I ncapac i ty ( in r e levan t pa r t ) : I ncapac i ty and d er iva tions the reo f m ean incapab le o f m an ag ing an ind iv idu a l s a f f a i r s u nder the

criteria set forth in California Probate Code 810 at seq. An individual shall be deemed to beincapacitated if.. . b) two licensed physicians who, as a regular part of their practice are calledupon to d e te rmine the capac i ty of other s , and ne i ther of whom is r e la ted-by blood or m ar r iage to anyTrustee or Beneficiary, examine the individual and certify in writing that the individual isincapac i ta ted.

2 . My review is under taken wi th the au thor izat ion of your c l ien t , Rochel le H. Ster l ing , Trustee , as perparagraph 7 .5 .c of The Ster l ing Fam ily Trust .

3 . My t r a in ing and e xper i ence ( s u m m ar iz ed b e low ) and , pa r t i cu la rly , m y f am i l ia r i ty w i th Ca l i fo rn iaProbate Code 810-813.

4 . Exper ience wi th d iagnost ic c r i te ria for cogn i t ive di sorder s , spec i f ica l ly inc luding the Diagnost ic andSta t i s tica l Manual publ i shed by the Am er ican Psychia t r ic Assoc ia t ion, ver s ions 1V-TR and S

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Sources of Information consistent with material of a type that reasonably may be relied upon by Anexpert in fbmiing an opinion, upon the subject to which m y report relates, with review of findings:1. Report of X-ray C T scan of brain 5/16/14 of Donald T . Sterling, Cedars-Sinai Medical Center.

Mild atrophy of brain tissue is identified, with the important absence of any suggestion of stroke,hydrocephalus, tumor, or other specific brain abnormality.

2. Report of PET (Positron Emission Tom ography) scan of bra in 5 /16/14 of D onald T. Ster l ing , Cedars-Sinai Medical C enter.The constellation of findings are most consistent with a neuro dementia of the A lzheimers tyPe,

3. Report of M eril S. Platzer, MD 5/19/14 in re: Mr. Donald T. Sterling.Dr. Platzer is a neurologist with more than 20 years experience. Her consultation letter cites memoryloss and emotional lability, with a duration of symptoms of 2-3 years. She characterizes Mr. Sterling asa fair to poor historian. She reports that Mrs. Sterling stated that the memory problems may havebeen evident as long as five years, and that his personality has changed.Medical history reported includes appendectomy, radiation treatment for prostate cancer two yearspreviously with secondary urinary dysfunction (treated), hypertension, elevated cholesterol, gout, and aperipheral neuropathy, vitamin B 12 deficiency (treated), hearing loss.On neurological examination, Dr. Plaizer confirmed sensory loss below the knees, but did not recordany other abnormality. General physical examination findings were norm al.On mental status,. Dr. Platzer described M r. Sterling as tangential at times with poor insight and hewas easily distracted. He had impairm ents in orientation, and difficulties with the sequenc ing tasks ofreverse spelling and serial subtraction, short term memory, and he was unable accurately to number aclock. He achieved a score of 23/30 on the Folstein Mini-mental state exam ination (MMSE).Dr. Platzers diagnos t ic impression was pr imary dementia of the Alzheimers type.

4. Letter of James E. Spar, MD to Mr. Pierce ODonnell 5 27114 in re: W. Donald T . Sterling.Dr. Spar is Professor of Psychiatry in the Division of Geriatric Psychiatry at UCLA, with extensiveexperience in G eriatric Psychiatry and, especially, in evaluating elderly persons for capacity issues. Inhis letter of May 27, he elicits a history essentially congruent with that reported by D r. Plaizer, notingthat Mrs. Sterling was present throughout the evaluation at Mr. Sterlings request.

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short-term memory, the ability to handle and manipulate information (as demonstrated in the sequencingtasks of reverse spelling and serial subtractions), reasoning (poor ability to identify similarities, as describedby Dr. Spar). In addition, Mr. Sterling was not consistently able to place numbers in a circle to make aclock face and he got so frustrated with Dr. Spars presentation of the task known as Trails B, that he leftthe room. In m y opinion, this easy frustration represents a serious element affecting Mr. Sterlings capacityand is consistent with the emotional lability attested to by Dr. Platzer. n summary, both of the highlyqualified evaluators have identified significant deficits in multiple mental functions, as per CPC 811,that are relevant in the consideration of the capacity of Mr. Donald T. Sterling.

In my professional opinion, it is extremely unlikely that Mr. Sterling s deficits in mentalfunction are due to some treatable cause, i.e. that they are reversible. Although the precise diagnosis ofthe cause of mental impairments is not necessary, or even necessarily relevant, in the consideration ofcapacity determinations, I agree that the history and the findings are highly suspect as representing the slowemergence of a progressive dementia, and specifically Alzheimers Disease. In addition to the featurescited above, the earliest finding of language impairment due to Alzheimers Disease, for example, is adiminished word list generation, as reported by Dr. Spar. In addition, the findings described are fullyconsistent with the general loss of brain tissue and, more specifically, with the pattern of impaired brainfunction demonstrated by the PET scan of May 16,2014.

The overall severity of Mr. Sterlings deficits in mental function may be mild, as stated by Dr.Spar, but in my opinion, this is best interpreted in the context of the range of seventies observed indementing illnesses. It is now widely recognized that decision-making, especially for complex financialmatters, is impaired even in stages of progressive dementia that are termed mild, including stages ofillness prior to the presence of dementia being recognized. Mr. Sterling s deficits in mental functioncertainly include features directly relevant to his capacity meaningfully to serve as Trustee of the TheSterling Family Trust, specifically deficits even performing simple arithmetic, with short-term me mory, andwith executive functions (referring to the sequencing impairments in particular). n addition, Mr. S terlingsemotional lability further complicates any expectation that he would be able to cope with and adapt to hislevel of information processing deficits.

In conclusion therefore in my professional opinion the statements andattestations of Drs. Meril S. Platter MD and James E. Spar MD document solidgrounds for the determination that Mr. Donald T. Sterling lacks the capacity tofunction as Trustee of the Sterling Family Trust

My Qualifications: I am a physician licensed to practice medicine in the state of California since 1979. 1am board-certified in Psychiatry with subspecialty certification in Geriatric Psychiatry and in ForensicPsychiatry. I completed fellowships in Geriatric Psychiatry and Neurobehavior at UCLA and the West Los

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