NBA also has a plan to oust his wife, silver and his lawyers have done some homework it seems.
http://sportsillustrated.cnn.com/nba/news/20140509/donald-sterling-legal-analysis-nba-clippers/Quotes follow:
The removal of Donald Sterling from the NBA becomes more complex each day, while rumors of pending litigation grow louder. Sources familiar with the NBA's strategy have provided SI.com with key legal insights on how the NBA plans to oust both Donald Sterling and his wife, Shelly Sterling.
Shelly Sterling is a non-controlling owner of the Clippers
The league, sources say, is not worried about Shelly Sterling's long-term involvement with the team. Currently, she is?as she stresses to the media?a "co-owner" of the Clippers. She and her husband own the team through a family trust. Her husband is barred from any involvement with the Clippers, not because he may later be forced to sell the team, but rather because he has been banned for life. Shelly Sterling, as commissioner Adam Silver has made clear, is not subject to any ban. She can attend games and partake in all activities consistent with those of co-ownership.
But Shelly Sterling's ownership of the Clippers should not be confused with control of the Clippers. This distinction reflects the different layers of NBA ownership. Most NBA owners are not in charge of their teams. They have been approved by the NBA to own some percentage of a franchise, but they do not represent their franchise on the NBA's Board of Governors and are not considered the official voice of their franchises. They are regarded as "non-controlling" owners. There are many perks to being a non-controlling owner, including attendance privileges, inside access to team operations and the ability to tell the world that you own an NBA team. But actual control over the team is not one of those benefits. Shelly Sterling is a non-controlling owner of the Clippers.
Donald Sterling, in contrast, is in a more exclusive and powerful category as one of the NBA's 30 controlling owners. Until his ban, he had final say over all matters Clippers and represented the team in league matters. In his absence, the office of the NBA commissioner has become de facto controlling owner. Earlier today, the league?not Shelly Sterling?installed a new CEO, former Time Warner CEO Dick Parsons, to run the team. While Shelly Sterling has signaled support for the move, her support is irrelevant under the law.
If Shelly Sterling wants to become controlling owner of the Clippers, the league would have to approve such a step. The NBA would not approve Shelly Sterling as controlling owner, sources close to the situation tell SI.com. The league would have compelling grounds to deny her attempt, as it would seem to constitute an "end-around" of the NBA ousting her husband. Shelly Sterling has also been implicated in some of the allegations of racism against her husband, particularly those concerning their ownership and management of housing properties in Los Angeles. Consequently, the NBA could refer to those transgressions as legal justifications to deny a transfer of her ownership from non-controlling to controlling.
California law works against Shelly Sterling keeping the ClippersCalifornia is a community property state, which means that spouses in California jointly own assets acquired during their marriage. Shelly Sterling's ownership of the Clippers is thus inextricably intertwined with Donald Sterling's ownership under California law. In fact, it's believed the NBA could not take Donald Sterling's equity in the Clippers without also taking Shelly Sterling's equity, as the Sterling's joint ownership is legally one entity. There has been much speculation that California law would help Shelly Sterling keep the team, but attorneys familiar with the NBA believe the opposite is true: the unity in spousal assets achieved by California law means that Shelly Sterling must leave the NBA if the same fate befalls her husband.
13(d) is more limited in scope, but, crucially, does not require Sterling intended to harm the league. 13(d) states that an owner cannot "fail or refuse to fulfill....contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely." Sterling's failure to adhere to covenants contained in his franchise agreement and joint venture agreement, among other documents, arguably meant that he failed to satisfy his contractual obligations. The fact that players threatened a boycott and sponsors dropped their support of the Clippers after Sterling's words were made public suggest that Sterling adversely "affected" the NBA and its members adversely.
The NBA also interprets article 13 to mean that if Donald Sterling's financial interest in the Clippers is terminated, the same holds true for others who have legal claims in that interest. As the Clippers are owned through a Sterling family trust, all members of the trust would lose their ownership if the NBA ousts Donald Sterling. Put bluntly, once Donald Sterling is out, the same holds true for the rest of the Sterling family.