Judge leaning toward blocking Kawhi Leonard deposition
A judge says he is inclined to deny a request to take Kawhi Leonard's deposition that came from lawyers for a man who sued the
Los Angeles Clippers and Jerry West, alleging he is owed $2.5 million for helping the team sign the injured small forward.
Los Angeles Superior Court Judge Jon R. Takasuki issued a tentative ruling on Friday stating that plaintiff Johnny Wilkes' own words undermine his lawyers' claims that the star player's deposition is necessary.
"(Wilkes) has expressly admitted that he never spoke to Leonard about any aspect of the alleged contract with West,'' Takasugi wrote.
The judge incorporated within his tentative ruling an excerpt fromWilkes' deposition in which the plaintiff said that Leonard's uncle, Dennis Robertson, was the key person in talks with West, a consultant to the team.
"Did you speak to Kawhi Leonard about any of your conversations with Jerry West?'' Wilkes was asked.
"No, everything went through Dennis,'' the plaintiff replied.
Takasugi is scheduled to hear arguments on the defense motion to block Leonard's deposition on Tuesday, then issue a final ruling.
Wilkes alleges 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 lose relationship with Leonard and Robertson.
But Robertson said in a sworn declaration in January that neither he nor Leonard knew that Wilkes claimed to have entered into a verbal agreement with West until the plaintiff sued.
"(Wilkes) was not invited to and did not participate in any of the meetings or negotiations that Kawhi Leonard had with any NBA team,'' Robertson said. "Nor did (he) play any role in Mr. Leonard's decision to sign with the Clippers.
Robertson, who lives and works on the East Coast, further says he met Wilkes in high school about 40 years ago and that the two occasionally spoke by phone or text. They also sometimes saw each other in Los Angeles and Wilkes me Leonard because of the player's relationship to Robertson, Robertson says.
Robertson says he has never sought or received advice from Wilkes regarding Leonard's NBA career or business opportunities, nor did Wilkes offer any such counsel to him.
"In addition, I am not aware of (Wilkes) having any discussions with Kawhi Leonard about his basketball career or business opportunities,'' Robertson says. "Contrary to what Wilkes has said, he and Robertson have never been "business associates,'' nor was Wilkes a ``center of influence'' for Leonard, according to Robertson.
"Rather, (Wilkes) is simply someone that I have known for man years,'' Robertson says.
Robertson said Leonard has nothing relevant to offer in any deposition testimony.
"Because I had interactions with (Wilkes) and Mr. Leonard did not, I not believe Mr. Leonard has any relevant testimony regarding (Wilkes') claims,'' Robertson says.
Wilkes also maintains in his suit that he told the Clippers they should pursue Paul George to join Leonard on the team.
Attorneys for West and the Clippers state in their court papers that Wilkes has refused to depose Robertson and instead "seeks to leapfrog Robertson and depose Leonard, who is a non-party to this litigation. There is no reason for the court to allow this unnecessary and abusive discovery tactic.''
In his tentative ruling, Takasugi concurred with that part of the defense's argument.
"The court agrees that Leonard's deposition should be delayed until percipient witnesses have been deposed,'' the judge wrote.
A percipient witness is someone who has obtained knowledge of an eventn directly, usually through sight or hearing.
Leonard, 30, underwent surgery last July to repair a partially torn right ACL he suffered earlier in a second round series with the Utah Jazz and could return to play before the end of the current season.