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Thursday, April 18, 2024 | Back issues
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Judge Set to Advance Contract Claims in NBA Headhunting Case Against Clippers

The Los Angeles Clippers broke a 51-year franchise curse this year to play in their first Western Conference finals series.

LOS ANGELES (CN) --- National Basketball Association star Kawhi Leonard signed to the Los Angeles Clippers in 2019 and in 2021 led the team to its first Western Conference finals appearance. But Leonard’s road to the Clippers’ franchise is at the heart of a lawsuit in LA County Superior Court involving NBA legend Jerry West, a verbal contract and a phone call.

Plaintiff Johnny Wilkes claims he helped the Clippers sign Leonard as part of a $2.5 million agreement with West. The Clippers describe the lawsuit as a “shakedown,” but on Monday Los Angeles County Superior Court Judge Jon Takasugi signaled the case will move forward.

Wilkes and Leonard’s uncle are best friends, giving Wilkes a direct connection to the NBA star's inner circle according to the complaint. On June 28, 2019, less than a month before Leonard signed with the Clippers and days before he became a free agent, Wilkes says he and West spoke over the phone about reaching out to Leonard’s camp. At the time, Leonard had a contract with the Toronto Raptors, but Wilkes said he would be able to assist the Clippers in luring Leonard to California.

Just like in basketball, the Clippers argue there’s a difference between an assist and actually scoring the deal. The team says Wilkes merely passed on a phone number to West while Wilkes claims he acted as the go-between for the Clippers and Leonard’s camp. Under NBA rules, if the Clippers actively recruited Leonard while he was signed with another team they could be fined $5 million. Clippers attorney Duane Lyons read the alleged terms of the agreement between Wilkes and West during a court hearing Monday.

“It doesn’t say anything about passing information, it doesn’t say anything about convincing, it doesn’t say anything specifically, and because of that it’s too vague,” Lyons told Takasugi. “If I want to help the Clippers beat the Suns, if I go to the game and I cheer, have I helped them?”

Wilkes claims the Clippers agreed to work with him to circumvent the NBA's recruiting rule in exchange for a playbook on how to secure Leonard. His claims include one for breach of contract, though Lyons told Takasugi Wilkes only promised to offer some sort of help to the Clippers --- not that he would land Leonard.

“This is a moving target,” said Lyons.

At this stage in the case the difference between convincing and getting Leonard to the Clippers is not an important distinction to consider, Takasugi said. Lyons said that could be the difference on whether the Clippers need to call Leonard to testify as a witness in court.

Wilkes’ attorney Kenechi Agu said the contract detailed how his client promised to help West.

“He had a great relationship with the decisionmakers in Kawhi Leonard’s camp,” Agu said. “West and the Clippers were aware of that relationship.”

According to Agu, the Clippers thanked Wilkes for his work during the courting process. Leonard eventually signed on with the Clippers in a $103 million deal.

As part of his tentative ruling, Takasugi overruled the Clippers' objection to the breach of contract, breach of implied covenant of good faith and fair dealing, promissory estoppel and intentional misrepresentation claims. But he tossed out Wilkes’ claims of negligent misrepresentation, false promise, unfair business practices and intentional infliction of emotional distress.

Takasugi said he will issue his final ruling in the next few days.

The Clippers lost their first game in the Western Conference finals to the Phoenix Suns on Sunday. Leonard is out with a knee injury and it’s unclear when he will play again.

Follow Nathan Solis on Twitter

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