Categorized | Mark Timmons

You Paint The House

You Paint The House

RedsIf you have a home which is worth $400,000 or $400,000,000 and you are served divorce papers by your spouse,  what do you do?  It’s obvious that a great part of the parties’ net worth is that asset.  Some people are idiots about this – some have even burned-down the house rather than split the proceeds.  Are the McCourts that stupid?  I doubt it.  Both appear to be greedy, self-absorbed, high-achievement people whom I think  want to maximize their investments.  What should they do?    The biggest asset I think is the Dodgers.  They have to keep that asset shiny and new – to make money now and to make the asset continue to appreciate.  That’s why I think they will “Paint the House, not Blow-Up the House!  We might not have a $120 million payroll, but it won’t be $75 million either!

SECOND BASE- I think that the Dodger Brass has identified 2B as a position that needs a power upgrade.  Casey Blake is not a Big HR Hitter at 3B, Raffy isn’t at SS, Loney currently is not a power hitter at 1B, and Martin is not a HR hitter at C.  Our only power is in the outfield.   I think many people believe the Dodgers “stuck it to” Orlando Hudson so as not to have to pay him.  If it had been $3 million, I’d buy it, but $10,000 or $190,000 (which is actually closer) is “chump change.”  I think Joe Torre played Belliard in the playoffs (which didn’t count on O-Dog’s incentives) so they would have more power.  I believe that’s the long and short of it, which brings me to what they will do at 2B next year. 

I think the Dodgers have a three players on their radar:  Mark DeRosa, Brandon Phillips and Dan Uggla.  DeRosa is a free agent and has the least power, but he would not cost the Dodgers any players.  DeRosa is a ballplayer, and I mean that as a complement.  He’s a Casey-Blake-Type Player – not a bad thing, but maybe not what we need.  Phillips and Uggla have more power, but either one would cost the Dodgers several prospects.   Uggla has an “iron glove” at 2B, so my choice would be Brandon Phillips, who is a great defensive 2B and a legitimite threat to steal 30 Bases and hit 30 HR.   What would Phillips cost?  I think it would take a package of James McDonald, Scott Elbert, Chin-lung Hu or Ivan DeJesus, Jr. and another prospect such as Kyle Russell or maybe Blake DeWitt. 

Phillips is set to make $6.75 mil in 2010, $11 mil in 2011 and the Dodgers would have an option in 2012 for $12 million.  Not bad for a Gold-Glove Caliber 2B who is automatic to hit 20 HR and steal 25 bases.  He is not a high OB% guy, so the Dodgers would be best served with him hitting 6th or so.   Chone Figgins would be nice at 2B, but POWER is the issue.    Uggla has more power, but we would be greatly weakened in our infield defense. 


  1. Furcal  SS
  2. Martin  C
  3. Kemp  CF
  4. Manny  LF
  5. Ethier  RF
  6. Phillips 2B
  7. Loney  1B
  8. Blake 3B

If I were to do this deal, I’d do it NOW!  Then, I’d offer arbitration to Hudson and tell him if he accepted, he’d back-up Phillips (he won’t accept).  The Dodgers have to offer Wolf arbitration (someone will give him a 2 or 3 year deal) and collect the picks for Hudson and Wolf. 


  • Kershaw
  • Billingsley
  • Kuroda
  • Haeger
  • We need one more!  Padilla?  Troncoso?  Wolf?

About Mark Timmons

When you see the invisible, you can do the impossible!

47 Responses to “You Paint The House”

  1. Ken says:

    Of course it will not be $75 mil, it is already more than that and with the off season awards it is probably at least $85 by now. Attendence will drop if the fans see this $85 mil 25-man roster on opening day.

    Billingsley 3,000,000
    Kershaw 700,000
    Kuroda 13,000,000
    Haeger 450,000
    Stults 500,000

    Troncoso 450,000
    McDonald 450,000

    Broxton 2,650,000
    Sherrill 3,000,000
    Belisario 500,000
    Kuo 750,000
    Schlitling 425,000

    Schmidt 2,625,000

    Martin 4,250,000
    Ellis, AJ 475,000

    Loney 2,500,000
    DeWitt 450,000
    Furcal 8,500,000
    Blake 6,000,000

    Chin Lung Hu 425,000

    Kemp 3,250,000
    Ethier 4,750,000
    Rameriz 10,000,000

    Pierre 10,000,000
    Paul 450,000
    Repko 500,000

    NOMAR 1,250,000
    Jones 3,700,000

    There are only 4 AAA players left (11 players to be added to the 40-man roster by opening day. How many will be free agents and how many kids that need to be protected?) Elbert, Leach, Wade, and May.

    Offer arbitration to Wolf, simultaneously negotiate with Padilla and send Troncoso on a starting pitcher’s off season workout regime.

    I have seen written rumors that the Reds are cutting payroll so maybe that deal should be done. However, starting pitching is a much higher priority! Renegotiating Pierre’s contract and trading him should be a high priority also.

  2. Ken says:


    All prior joking aside I estimate that Beans & Franks will have to receive $2 mil per year for 3 years as a distribution from the LA Dodgers in order to pay for the cost of the divorce, including court fees, attorney fees, real estate and business appraiser fees, forensic accountant fees (asset tracing and allocation procedures for CP, SP and Quasi-CP determination), CPA fees for tax planning, etc. Assuming that their combined tax rate is only 40%, then that leaves $1.2 mil per year available for costs and fees. With a blended Beverly Hills Attorney/Paralegal rate of $400 per hour that provides an estimate of 3,000 combined hours per year.

  3. lawdog says:

    Whee, Cheatum & Howe have just been retained by Jamie McCourt to petition the court for an order granting her exclusive use of the ballpark at Chavez Ravine. They are also seeking to have the diamond converted into a lap pool to be used for rest and relaxation by herself and her 24 hour driver. The Los Angeles Dodgers are then expected to be ordered to lease the high school diamond at Burbank High School where they will hereinafter play all of their scheduled home games. If the law firm’s motion is successful, The team will thereafter be known as Jamie’s Tax Dodgers of Burbank, California. The law firm will also seek an order requiring Frank McCourt’s job description with the club be changed to restrict his duties “housekeeper, janitor, short order cook and “go-fer” working exclusively for Jamie McCourt, cater to her every whim, and be paid no more than the California minimum wage for his labors. His position title with the club will be changed from “owner and managing partner” to “Grunt”.

    And that’s the way it is this Monday, November 16, 2009 at 9:31 a.m..

  4. Mark Timmons says:

    God save your majesty!

    I thank you, good people—there shall be no money; all shall eat
    and drink on my score, and I will apparel them all in one livery,
    that they may agree like brothers, and worship me their lord.

    The first thing we do, let’s kill all the lawyers.

    Nay, that I mean to do.

    Dick the butcher, a character no one remembers, utters one of the few memorable lines from the entire three-part Henry the Sixth cycle. Dick’s Utopian idea to kill all England’s lawyers is his addition to the promises of the traitorous Jack Cade, who envisions a quasi-communistic social revolution, with himself installed as autocrat. Cade alleges that all lawyers do is shuffle parchments back and forth in a systematic attempt to ruin the common people. His demagoguery is simply a calculated appeal to simple folks’ longing to be left alone. Yet one may recognize Cade’s moral failings and still sympathize with Dick. Present company obviously excluded. ;)

  5. lawdog says:

    How did the Times describe Cheatum’s opening argument in support of Jamie’s motion to convert Dodger Stadium into a giant lap pool and move the team to Burbank high?

    …it is a tale told by an idiot, full of sound and fury, signifying nothing.

  6. lawdog says:

    Tis true, tis pity; and pity tis, tis true.–Polonius

    Neither a borrower nor a lender be.–Frank McCourt

    A thing is neither right nor wrong but thinking makes it so.–Jamie McCourt

  7. lawdog says:

    I heard Sarah Palen tell Oprah that Cade was Obama’s second cousin, twice removed.

  8. KidCuba says:

    Totally agree regarding Phillips. As a matter of fact I posted this here several days ago.

    KidCuba says:
    November 11, 2009 at 1:57 AM

    The Cincinnati Reds are letting it be known they intend to cut payroll and move players to accomplish this goal.

    One name said to be available is Brandon Phillips. Wouldn’t he be nice at 2nd next season. He’s a solid bat who can give you around a .275 AVE, with 20HR, 80+RBI, 30DBLS, and 20+SB a season. That’s being on a bad team too. I would unload DeWitt and a couple more for Phillips in a heart beat.

    Only draw back that comes to mind regarding Phillips is that he is one of those “flat bill” cap wearers… I hate that. He still would be a nice addition though.

  9. Mark Timmons says:


    I remember that…

  10. lawdog says:

    Players who wear flat billed hats are “quacks”.

  11. GoNzO says:

    You beat me to it LD. Phillips is a hotdog. If we were to actually get him we’d go from a productive high character guy to a “what about me” type player. While the numbers are good I’d resign Odawg instead of trying to obtain BPhil. The should have a rule that prohibits players from using flat bills and to the side ala CC.

  12. Badger says:

    Thanks Ken. So, do you think this case will take 2-3 years to complete? And btw, good work on the salaries.

    Phillips will be 29 and is a career .265 .312 OBP guy. How is that an upgrade over Hudson? – who will be 32, has better numbers, a few Gold Gloves and will not cost nearly as much – in money and in players. Why is everybody dogging the Odog? He and Phillips played nearly the exact same minutes this past year. Yeah, Phillips had 98 RBIs – batting clean-up on a mediocre Reds team. He wouldn’t get 98 here, that’s for sure. Why not let DeWitt and Hudson split some time at 2b and DeWitt and Blake split time at 3b? Makes financial sense to me, which is what is most important to Jed right now.

    “I think Joe Torre played Belliard in the playoffs (which didn’t count on O-Dog’s incentives) so they would have more power. I believe that’s the long and short of it,”

    Well if he did, it was a stupid move. Belliard had 30 post-season at bats and hit 0 HR. ODog had 1 at bat – and 1 HR. Hudson is in so many ways a better player than is Ronnie Belliard. Here is my long and short of it – not playing Hudson in the play-offs made NO SENSE WHATSOEVER!

    Nice starting staff Mark. How many 30+ starts are among that group?

    • Ken says:

      Agree on the platooning idea.

      California Family Law Section 2552 provides for a presumption that the date of value is the date of the trial. Franks can argue that the date of separation should be the “Alternative Valuation Date” under the standard of “Good Cause”. Beans should argue that she either owns part of the Dodgers as community property or secondarily as quasi-community property. She should try very hard to postpone the trial until the cable deal is clearly in sight.

      I wonder, To Mark’s shagrin, if Franks refinanced any of Beans’ real estate properties in order to finance the expansion of Camelback. If so, then he made a BIG MISTAKE, and let the forensic accountants begin their tracing of cash.

  13. Brooklyn Dodger says:

    “automatic to hit 20 HR and steal 25 bases.”

    Maybe Phillips will steal the 25 bases, but probably not if he hits “6th or so.” I’m not sure about the 20 HR, since that’s exactly what he hit in the Reds bandbox this past year. Dodger Stadium (especially at night) is another story. Then again, maybe the more spacious outfield gets him a bunch more extra base hits.

    Phillips is a superb defensive second baseman, but has a lifetime OBP of .312. Maybe playing for a contender will motivate him to be more patient, maybe not.

    Chone Figgins would be great, even with the lack of power. I expect more power from Manny, Kemp, Loney, Martin, and maybe even Ethier. Figgins would be expensive, but would not cost us any players. And he’s versatile, allowing flexibility at other positions as the need arises during the season. He can also hit at the top of the lineup, which adds to his value. His superior clubhouse presence is also a factor (especially in contrast to Phillips, who, if memory serves me correct, has had issues in the past).

    Another player available through free agency who would cost us only money, is Felipe Lopez. He has a lifetime OBP of .338, but it’s been higher the last two years (.383 in 2009, and .343 in 2008). His averages have also been higher than those of Phillips in recent years.

  14. Ty says:

    What’s the love affair with Haeger???

  15. lawdog says:

    I like Figgens. He’s a lot like Pierre with the bat–only he’s a tad better. He’d make a great lead off man. I like O-Dawg but he did wear down after the all star break. With dumkhoff Bigelolw at the helm we didn’t get to see how long it took him to recover from all the wear and tear on that bionic wrist. It obviously was long ready before the playoffs where he hit that long homer to left in one of his two pinch hits in the post season.

    Who’s gonna cost us more? Offer O-Dog arbitration. He’s still young enough if the wrist isn’t causing him constant grief.

  16. lawdog says:

    Free Chuck Haeger! He’s got the best dancer I’ve seen since Hoyt Wilhelm. He’s the perfect 5th starter for a change of pace from all that heart our other starters bring. Kurveshaw, Padilla, Wolf, C-Bills and Chuck Haeger. Haeger just might win 15! :oops:

  17. Anonymous says:

    I also don’t see the love affair with Haeger. He might be the greatest thing this side of Hoyt Wilhelm, Wilbur Wood and Tim Wakefield, and maybe not. He’s not someone I want to hang my hat on. And I wonder about Padilla as well. He pitched some strong games down the stretch, but if I’m not mistaken, the Phillies are the only team that saw him a second time. And we know what happened then.

    I’m not ready to pencil anyone into the rotation beyond Bills, Kershaw and Kuroda (if he’s fully recovered). After that there are too many variables to begin naming names. McDonald and Elbert should certainly be considered in the mix; even Haeger, Lindblom, Schlicting, and whoever else might emerge in the spring (maybe a starting pitcher version of Belisario). Is Eric Stults still with us? A combination of a trade or two and free agency need also to be figured into the mix. Trade and free agency rumors are just that, rumors. As for trades, there are probably more names than we can think of being considered. Maybe it’s just fun to throw out names and imagine moves, but in reality there will probably be surprises. I for one prefer to let it play out, all the while hoping for an owner willing to invest in both the present and the future of this team.

  18. Brooklyn Dodger says:

    The Anonymous above is me. The “Name” field is generally filled in by default, and I didn’t notice it was empty. This also happened to me several threads back. Guess I need to pay closer attention.

  19. lawdog says:

    Unfortunately, that poor smiley doesn’t have any health insurance. In fact, he cannot procure any for love or money since the medical insurance industry determined that he has a pre-existing medical condition involving involuntary smile like twitches to his face (and other parts of his body that cannot be seen with the naked eye.)

    Consequently, he will not be able to obtain medical treatment until he suffers a stroke and is taken by ambulance to the county hospital where he will be put in a wheelchair and pushed out the back door and left to die. Ahhh, ain’t capitalism grand? :(

  20. Mark Timmons says:


    I pay nearly $900 a month for my insurance, but I have an employee who has a disease that requires a prescription of $1,150 every two weeks that insurance won’t pay for because it’s deemed “experimental” He declines insurence so that the State can pay for it. He has been told that under the new plan, we will have to pay for it. WOW! I’ll be out of business soon…

    To put it another way, I don’t know of anyone with brain cells who doesn’t get medical care. This guy’s family is in the hospital every week and they have no insurance and no money.

  21. Mark Timmons says:

    On Phillips vs. Hudson:

    Chicks dig the longball.

    … and so does the World Series.

  22. Mark Timmons says:

    I don’t have a love affair with Haeger, but I only want him to be a #5 and nothing I have seen tells me he can’t be that. I see 210 IP, a 4.00 ERA and a 12-12 record.

  23. Badger says:

    “He has been told that under the new plan, we will have to pay for it. WOW! I’ll be out of business soon…”

    HE has been told? What have you been told? My understanding is that if you have a payroll of over $400,000 or personally make over $250,000 from your small business, you may have to provide health insurance for you employees. Man, if you are doing that well, just get a group rate offer the cheapest group health care insurance out there. When we get the public option, your employees can shop for themselves and no doubt find a better one that what you offer. The government run programs are the best out there, so whatever you get for them won’t be able to compete. Easy peasy dude. Relax, health care reform will be good for us.

    Chicks dig the long ball so you want to hire Phillips? Methinks you are dreaming. Like was mentioned, he will not hit 20 HR and have 98 rbi’s batting 6th in that lineup at Dodger Stadium. He will be much less sexy in Dodger Blue.

    Interesting stuff Ken. My son-in-law lawyer seems to think the post-nup challenge could possibly hold up, and he agrees with you that at least one of these parties is going to want to stretch this thing out so property values can go up and the pie is larger. The cable deal in 2012 is going to add tens of millions to the Dodger pie, and you can bet Jamie wants her slice of that.

  24. Badger says:

    Off topic….

    Maybe some of you have seen this. It’s called “The Fix.”

    There recently was an article in the St. Petersburg Fl. Times. The Business Section asked readers for ideas on: “How Would You Fix the Economy?”

    I think this guy nailed it!


    Dear Mr. President,

    Please find below my suggestion for fixing America ‘s economy.

    Instead of giving billions of dollars to companies that will squander the money on lavish parties and unearned bonuses, use the following plan. You can call it the “Patriotic Retirement Plan”:

    There are about 40 million people over 50 in the work force. Pay them $1 million apiece severance for early retirement with the following stipulations:

    1) They MUST retire. Forty million job openings – Unemployment fixed.

    2) They MUST buy a new American CAR. Forty million cars ordered – Auto Industry fixed.

    3) They MUST either buy a house or pay off their mortgage -Housing Crisis fixed.

    It can’t get any easier than that!!

    P.S. If more money is needed, have all members in Congress pay their taxes…

    Mr. President, while you’re at it, make Congress retire on Social Security and Medicare. I’ll bet both programs would be fixed pronto.

  25. KidCuba says:

    The rotation:
    We cannot and will not reach the next level with CK, Bills, Hiroki, and Haeger. They’re all good pitchers, but not great. And in CK’s case, not great yet. Who knows what Bills will show up next season. Is it the downward spiral I lost my spot in the rotation and couldn’t start when it counted Bills, or a stellar rebound from an abysmal second half in ’09 Bills. Either way I think he lacks intestinal fortitude and I don’t trust him. We need the ACE. We need to pick up the phone and sweet talk the new Toronto GM. Halladay needs to be acquired. You get Doc and it takes a bunch of pressure off of the rest of the staff and suddenly all of the other fellas can slide down into slots more suited for them in the rotation.

    At 2nd:
    Something tells me the whole O-Dog riding the pine thing in Sept/Oct kind of left a bad taste in everyone’s mouth, and the Dodgers clearly fell out of love with him in a hurry. For that reason I realistically cannot see the club giving him a long term deal. Phillips or Uggla can make Hudson’s loss a mere distant memory. We’ll always have the Opening Day cycle to remember.

    Silver Sluggers:
    Can we please lock up Andre and Kemp, like ASAP. Forget the arbitration hearings and all the back and forth rumor mill nonsense. Sign these guys to substantial long term deals and make them the true cornerstones of this franchise. Unlike Martin, these guys both have huge ceilings and are still a ways from reaching their true potential.

    And finally, I didn’t want to go here since this is “LADodgerTalk”, but some folks are trying to make others in here drink the kool-aid. To this I say:
    No where in the Constitution of the United States of America does it say I/You SHALL have health care whether I/You want it or not. Keep your hands out of my pockets and stop trying to strong-arm me so that you can fulfill your socialist agendas. We must stop allowing those that produce nothing to control, strain, and steal the liberty of those that produce something. The only way out of this mess is to vote in 2010 and send Pelosi, Reid, and the rest of the socialist, progressive left, packing.

  26. Badger says:

    Doesn’t say we we can have Medicare, Social Security or have to pay money for driver’s licenses either Cuba. There is a lot that the Constitution does not say. It’s up to the people to decide these things. Just vote your guy in next time and all should be right in your world. “socialist, progressive left” You guys crack me up.

    “We cannot and will not reach the next level with CK, Bills, Hiroki, and Haeger.”

    gee, you think? In case you hadn’t noticed, this team will be marking time with a payroll about $40 million short of what it should be in Los Angeles. This next year is not about what great player we can add to take the next step, it’s about what players we can get to fill a gaps. And we are going to have some gaps.

  27. Blue Haze says:

    Let’s see another board ruined, Nice job morons!

  28. Mark Timmons says:

    … back to Dodger baseball.

  29. Badger says:

    How is this board ruined?

    And, why are you calling people names – again? That seems to be what you do best OD.

    Yes, back to baseball.

    No news on any Dodger moves – any news on Dodger Divorce?

  30. Badger says:

    Well, here’s an up-to-date bulletin on the divorce news – it isn’t good:

  31. Badger says:

    Just talked to a lawyer in San Luis Opispo – he told me Mark Cuban is going to buy a controlling interest and then sign Cliff Lee and Aroldis Chapman in the off-season and our lineup will return in tact.

    You heard it here first.

  32. Badger says:

    that would of course be Obispo. Not sure where San Luis Opispo is.

    Add yet another request for “review” capabilities here.

  33. Badger says:

    And make that Lackey, not Lee.

    I need help this morning.

  34. lawdog says:

    Just a quick snipet on health care and I’ll not raise the subject again. Mover, your Employee who goes on a state program to get covered actually will cost you, the state taxpayer, much more than as a taxpayer under Obama’s plan. The cost for the uninsured is born by others who have medical insurance in your state or through state and federal taxes. Under Obama’s plan the medical insurance provider probably couldn’t deny coverage to begin with and if they tried to raise premiums to make sure there was not a drop in profits, the public option would take their policyholders in a New York minute. Allowing the government option and the other medical insurance providers to buy in bulk and generic from other drug providers (including those in other countries) would bring that $1100 a month script down pronto!

    But even if the $1100 script got absorbed into the medical plans as is, it would still cost you less since taxpayer support for the plan comes primarily from those making more than $200,000.00 per annum and it’s spread out over the entire national population. In your home state, the taxpayers and/or the insured in your state are already picking up the tab for his script because he is uninsured. With Obama’s plan medical insurance costs would not continue to skyrocket with virtually no regulations on how much they can earn in profits or pay their officers, no regulations on who is eligible or who gets cancelled. With Obama’s plan their would be regulations on how they function and a public option to run competition with them. Unregulated capitalism leads to trusts, monopolies and theft by the richest amongst us and the victims or those with the least amount of power–which means the poorest. Look at what happened on Wall Street. The same is going on with medical insurance providers because no one is watching them. I’m all for capitalism. Just makes sure it’s regulated so those with the most economic power can’t steal from the rest of us with no ramifications for their conduct.

    I can’t get insurance because I have a pre-existing condition–I was in a wreck in 1979 and need to have a bone graft done on my left arm in 1980. No insurance company will write a policy for me for love or money. I can’t get the state coverage for the uninsured because I live under the same roof as someone who makes too much money to qualify. I now have type 2 diabetes which is causing all kinds of renal and coronary problems. I just have to hope I don’t die during the next 5 years because only then will I be eligible for treatment through medicare. I can’t afford to go get diagnosed and treated now because a Doc would want to do thousands of dollars worth of tests on me before he’d even write me a script for a simple blood pressure or blood sugar medication. I’m basically screwed. The odds are against my living 5 more years without medical intervention, so unless I want to leave Ruth and her beautiful home and live in a cardboard box under the freeway in a very cold climate at age 60, I will not be able to get that insurance that would save my life.

    Is this the type of society that represents the values of the American people? I certainly hope not.

  35. GoNzO says:

    Wow Badger, I hope that is true but anything to good to be true usually is. I hope that just as owners can vote you in, they can vote you out.

  36. lawdog says:

    Lackey’s been on the decline since 2007 when he was 19-9 with an era of 3.01 and pitched over 224 innings. Last year his era was close to 4.00 and he didn’t come close to 200 innings. 2008 was real similar. He’s scheduled to make #10 million next year.

    Can’t we do better than that? Sounds a lot like Garland–only Garland would grt you more innings of mediocre ball.

  37. Badger says:

    Well said ldog. Having correct information on a subject is usually a good idea before you make up your mind on the matter. That doesn’t matter to some though.

    Lackey is only 31 and would probably have been able to pitch another 20 innings in the NL due to facing a pitcher 3 times a game. I believe he would benefit by pitching in Dodger Stadium. You are right though, his GS has gone from 5 straight years of 33 to 24 and 27. But, I would give him $10 million again if I were Mark Cuban. I got a feeling someone will give him more, for longer than 3 years too. Just a feeling.

    Can we do better? Are you serious?

  38. Ken says:


    How about an update on the Dodger minor leagues – No party line please. I see that the Dodgers have 34 minor league free agents, the most in the MLB. That seams to mean that the Dodger kids are not very good and the AAA team had to be held together with 19 old geezers who are now free agents. The AA team was held together with 11 old geezers, High A had 3 OGs and Low A one OG. That is way too many old folks in the minors, partially caused by cheap & dumb trades, and maybe Logan has passed his prime on picking players.

    Do you know who will be protected?

  39. Ken says:

    Hopefully my last word on the divorce. Beans seems to have argued every fact necessary to hedge her contradictory positions and the Judge may give her a consequence on the day of recogning. In my opinion Beans has argued that she was the cause of the Dodger sucess so that Franks would counter with an arguement that he was the reason for the Dodger’s success and therefore the significant increase in value of the team. If the Judge holds that the Dodgers are either SP or Quasi-CP then she wins because then the increase in value of the Dodgers is due to the efforts of Franks’ time (which is a community asset) and thus she will receive half of the increase in value since 2004. However, the Dodgers have significant fixed assets and her arguement is partially flawed under “Van Camp”. What has Franks said in his brief and what will he say?

  40. Badger says:


    Our [Boston] real estate business was highly leveraged. We had always been concerned that if our real estate development operations failed, and the creditors descended upon the business assets, something would be left as a nest egg for us and our four children. We therefore had previously agreed that title to real property that we purchased would be put in my name and would not be used as security for our business ventures.


    In mid-to-late 2003, I began the process of acquiring the Dodgers, and Jamie and I were making plans to move our family to California. In Massachusetts, Jamie and I had a long-standing practice of dividing our assets so that our residential properties and various other assets were held as her separate property and my business ventures, including the McCourt Company, Inc., and its related entities, were held as my properties. In late 2003, Jamie became adamant that her assets needed to be protected under the laws and practices in California . . . . She said that she did not want to have any risk of liability if any of my present or future business ventures, including the Dodgers, led to creditor claims against me.


    Even though title to real estate was in my name, Frank and I had always considered the real estate to be our property, just like the Dodgers. It was always my understanding that the document we signed in 2004, in anticipation of moving to California, would simply preserve [the protection of the real estate in case of the failure of Frank's business ventures] under California’s marital property laws.

    Frank’s lawyers:

    [Jamie] got exactly what she wanted when, in 2004, she thought it was in her best interests to secure sole ownership of prized residential real estate and other assets for herself and to insulate them from the risks associated with her husband’s business ventures. She now wants to turn that reasoned decision into a “heads I win and tails you lose” agreement: hiding behind the agreement if her husband’s business ventures failed, and denying the validity of the agreement if they succeeded.


    By asserting that he solely owns the Dodgers, despite our mutual understanding and despite his accurate and repeated depiction to the public of us as co-owners of the Dodgers, Frank is seeking to take unfair advantage of me and blatantly abuse the trust and confidence I have always placed in him.

  41. lawdog says:

    The problem with that Ken is that Frank really doesn’t do anything for the team except sign checks and contracts arranged by the GM. As far as an “owners’ contribution to the increase in value of the team, I don’t see much of that here. The Dodgers are more like a piece of real estate. Only if a community member renovates a piece of real property does the community have any real interest in the increase in it’s value if it was held as separate property before the renovation without some other form of “implied gift”. That would probably limit Jamie’s right to recover half the community investment in the Dogs to the amount the Camel Broken Back Mountain training facility increased the value of the team, minus the amount of cash the Dodgers’ rather than the community actually invested in the facility.

    Jamie just screwed the pooch, among other things, on this one. She wanted to split the property so she got all the real estate which had been appreciating like mad at the time the agreement was reached and left Frank holding the bag on the more speculative investment–the Dodgers baseball club.

    Real Estate tanked and the Dodgers unexpectedly doubled in value. If the post-nup isn’t thrown out because she was an incompetent lawyer (hard to prove especially when you represent yourself), she’s stuck. She can’t make it a game of “head’s I win, tails you lose”.

    No one expected real estate to tank or the baseball team to just double in value–but them’s the breaks.

    When you make a deal that’s fair at the time, you can’t back out later because you didn’t anticipate the changes the markets were going to make after the agreement was made.

    • Ken says:


      Maybe you read my post too fast.

      Van Camp has to do with capital intensive businesses.

      Beans will argue everything in order to win.

  42. Badger says:

    Was the ballclub really that speculative ldog? The major franchises all over baseball were appreciating at a very good rate over the years. Owning a baseball team looks pretty good to me. What franchises haven’t improved in value over the last 12 years or so? Oh sure, the claim was made that the Dodgers were losing money while under Fox, but if that were really the case, would these two be fighting for this ownership so vigorously? That franchise has increased in value by a few hundred million since they bought it, and it has also allowed them to live like royalty in the interim.

    Everybody thought Jamie was co-owner, she was certainly presented to the community that way. Yeah, she signed a post nup, but it would not surprise me if it was declared invalid. I have read that most lawyers seem to like Frank’s chances on this one. Even if he wins the Dodgers, and loses his real estate holdings, and the rest of their booty is evenly divided, will he have enough funds to run the Dodgers without a money partner?

  43. Mark Timmons says:

    If Frank can hold on until 2012, he’ll be OK, but I wouldn’t speculate what will happen as to who gets the Dodgers.

    Frank was trying to make Jamie “The Face of the Franchise” but she added nothing to the operation of the team. Can you say “Figurehead?”

    Like Frank or not (and he has made lots of mistakes), he has improved the product immensely.

    We could do a lot worse (and we have).


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