The judge must find that Shelly Sterling acted in accordance with the trust and that the deal still applies -- even though the trust has since been revoked by Donald Sterling—for the sale to proceed.
Donald Sterling's attorneys say that his wife "blindsided" him and he submitted to examinations under false pretenses. They allege there was undue influence in the doctors' findings, and that the exams and letters regarding his mental capacity were defective and incomplete.
They say that if he'd been properly informed, he would have participated at a more convenient time instead of being pulled out of legal meetings.
"He would have also eaten properly and have been well rested for the examinations and focused on taking the exam with the full and complete understanding what it was for and the serious nature of the exam," they wrote in filings.
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But Shelly Sterling's attorney, Pierce O'Donnell, said that Donald Sterling voluntarily went to take scans of his brain and there was no requirement to remind Donald Sterling, who is an attorney, or his legal team of the trust's conditions.
The trial will also focus on the question of what happens to a deal that hasn't been closed once a trust is revoked. Donald Sterling revoked the trust on June 9—weeks after Shelly Sterling negotiated the deal with Ballmer.
Shelly Sterling's attorneys also contend that finishing the deal is part of "winding down" the trust's affairs and that she has an obligation to close or Ballmer will sue.
Donald Sterling's attorneys argue that the probate court now lacks jurisdiction and that winding down affairs refers to passive actions, not a sale that markedly changes the assets in the trust and its value.
Donald Sterling's attorneys made a late move last week to shift the case to federal court so their allegations of medical privacy violations in the probate case can be heard.
Attorneys for both Shelly Sterling and Ballmer called the filing a "desperate" tactic that they would seek to block.