A judge has denied ESPN’s bid to obtain access to trial exhibits from a man’s lawsuit in which he alleged the Los Angeles Clippers and the late Jerry West reneged on an oral agreement to pay him $2.5 million in exchange for helping the team sign star small forward Kawhi Leonard, according to court papers obtained Friday.
In August 2022, Los Angeles Superior Court Judge Jon R. Takasugi dismissed plaintiff Johnny Wilkes’ case before it reached trial. The judge found that Wilkes had failed to prove that he had reached an enforceable contract with West or the team for assistance in luring Leonard to the Clippers.
ESPN filed an application for “viewing and/or reproduction” of case exhibits even though the lawsuit never went to trial. On Thursday, Takasugi, in denying the sports and entertainment network’s request, noted that on April 30, he delayed hearing ESPN’s motion to allow for its service on the Clippers as well as for an electronic filing of the application with the court.
“However, to date, no application appears in (the court’s electronic filing system) and no supplemental materials were filed by either party indicating service, or substantively opposing or replying to the merits of the motion,” the judge’s clerk wrote in a minute order.
The judge also said that because this was ESPN’s second chance to have its request reviewed, he found no basis for granting the network another opportunity.
In previous court papers filed with Takasugi, lawyers for the NBA team said they learned of ESPN’s application only after one of the attorneys received a copy of an April 15 minute order indicating the request was made.
“This was the first time that the Clippers learned that ESPN had sought to unseal and/or access any sealed materials,” the ESPN attorneys stated in their court papers.
Wilkes alleged in his suit brought in December 2020 that he and West reached a verbal deal in 2019 in which Wilkes would provide the Clippers with information to lure Leonard to Los Angeles, taking advantage of the plaintiff’s close relationship with Leonard and the player’s uncle, Dennis Robertson.
In depositions, West — who died in June 2024 at age 86 — and Clippers President of Basketball Operations Lawrence Frank said West was a consultant to the team and an independent contractor, but that he did not have any authority to enter into any kind of contract on behalf of the Clippers with Wilkes or anyone else.
Despite the deposition testimony, Wilkes alleged that West made representations to the contrary in their alleged dealings, culminating in a contract between the two in which the Clippers became bound to pay the plaintiff $2.5 million.
Wilkes alleged in his lawsuit that the agreement was reached during a June 28, 2019, phone call with West.
But in his 2022 dismissal ruling, Takasugi wrote that according to the plaintiff’s own deposition testimony, statements allegedly made in that conversation are “too vague and uncertain to support a claim that Mr. West, either in his personal capacity or on behalf of the Clippers, promised to pay plaintiff $2.5 million for his help.”