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Judge dismisses allegations filed against Shelly Sterling

A judge on Monday dismissed civil allegations filed against Shelly Sterling by her estranged husband’s former courtside companion, who alleged the ex-Clippers co-owner defamed her by calling her a “thief.”

Los Angeles Superior Court Judge Richard Fruin said Friday that he was inclined to deny the motion to toss V. Stiviano’s countersuit. After hearing arguments from attorneys, the judge said he wanted to take another look at the issues, then reversed himself today in making a formal ruling.

Shelly Sterling’s lawyers said Stiviano’s warranted dismissal because it infringed on the right to free speech of the estranged wife of billionaire Donald Sterling. The real estate mogul formerly owned the NBA franchise with his spouse.

Shelly Sterling’s lawyer, Pierce O’Donnell, told Fruin that the countersuit alleged only a “phantom statement” that his client defamed Stiviano in the national media. He called Stiviano’s case “breathtakingly skimpy” in its specificity.

“I have no idea what I’m defending,” O’Donnell said.

Stiviano’s attorney, Mac Nehoray, said accusing his client of thievery was not protected speech and that the countersuit should not be thrown out.

Shelly Sterling started the litigation by suing Stiviano on March 7. The suit describes Stiviano as a woman who “engages in conduct designed to target, befriend, seduce and then … receives as gifts transfers of wealth from older men whom she targets for such purposes.”

Stiviano has used the names Vanessa Perez, Monica Gallegos and Maria Valdez, according to the suit, which alleged she met Donald Sterling at the February 2010 Super Bowl and began a sexual relationship with him that year.

The Sterling lawsuit seeks all the return of all cash, real estate, cars or other belongings considered community property that Donald Sterling may have given Stiviano.

“Shelly is pleased that this frivolous defamation complaint has been dismissed with prejudice,” O’Donnell said.

“Ms. Stiviano’s cross-complaint was filed out of sheer desperation because she has no defense to Shelly’s lawsuit regarding the $2 million of community property that Donald Sterling gave Ms. Stiviano,” he said. “This property must be forfeited because Donald had no right to give away community property and we look forward to our trial before a Los Angeles jury where we’re confident that Shelly will prevail.”

Stiviano’s defamation countersuit also named as defendants Donald Sterling, the Clippers and former Clippers president Andy Roeser.

Filed Aug. 21 in Los Angeles Superior Court, it alleged that in April and May, the defendants called Stiviano a “thief” who by “theft, trick and device obtained funds and other properties from Donald Sterling.”

In interviews following the release of the Donald Sterling recordings — which earned him a lifetime ban from the NBA and led to a dispute over the $2 billion sale of the Clippers — Stiviano denied having a sexual relationship with Sterling. Sterling, however, described his comments on the tapes as being the result of a heated exchange during a “lovers’ quarrel.”

Trial of Shelly Sterling’s case is scheduled for March 9.

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