LOS ANGELES —
Nehoray said a third person was present during the conversation, but she wants to remain anonymous. Nehoray said the conversation took place in September 2013 after Sterling and Stiviano spent the day together; they'd stopped at her place for Sterling to rest.
"It was by mutual agreement that it was going to be recorded," he said. "There was nothing going on back then. There was no lawsuit. There was no rift. In October he threw a birthday party for her even."
California law requires both parties to agree to recording a conversation that one would reasonably expect to be private.
Stiviano worked as Sterling's archivist, and Nehoray said she had been mischaracterized in the media. Sterling and Stiviano were friends, but the two never had an intimate relationship, Nehoray said.
Nehoray said Stiviano is "hanging in there" and that she was "very saddened" by NBA Commissioner Adam Silver's decision to ban Sterling for life from any association with the league or his team, and to fine him $2.5 million.
"They've never been on bad terms," Nehoray said. "I don't know if they're in touch. She considers him a friend. I'm sure he feels the same way."