[Kasept]

Judge indicates he will grant injunction for Hollendorfer
Jay Privman
Jul 25, 2019

A San Diego County Superior Court Judge tentatively has ruled in favor of trainer Jerry Hollendorfer in the Hall of Famer’s quest to receive a temporary injunction against Del Mar, which has prevented Hollendorfer from running horses at the current meeting, which began July 17.

Judge Ronald F. Frazier’s tentative ruling, posted Thursday, said the request from Hollendorfer and co-plaintiff California Thoroughbred Trainers for a preliminary injunction would be granted with modification.

All parties are due in Frazier’s court on Friday morning in downtown San Diego to make final arguments before Frazier makes his final ruling on the matter. The tentative ruling is an indication of where the judge is at pending those final arguments.

Frazier’s tentative ruling says, “plaintiffs have submitted sufficient evidence for the court to conclude Mr. Hollendorfer will suffer irreparable harm if an injunction is not issued.”

Hollendorfer asked for the injunction, claiming, among other things, that the Del Mar did not follow terms spelled out in the contract between the track and horsemen, which provides for arbitration in a dispute such as this.

Hollendorfer’s travails began on June 22, when he was evicted from Santa Anita after a horse in his care who had been approved to work suffered a fatal injury, the fourth for a horse trained by Hollendorfer since the Santa Anita meeting began on Dec. 26.

Hollendorfer relocated his horses to Los Alamitos, which accommodated him, and at which he raced without incident.

Earlier this month, Del Mar informed Hollendorfer that he would not be allowed to race at the meeting. The track did grant stalls to Hollendorfer’s assistant Dan Ward, who has had runners during the meet.

Santa Anita is owned by The Stronach Group, which evicted Hollendorfer from all its properties, including Golden Gate Fields in Northern California.

Frazier’s tentative ruling notes that “Hollendorfer asserts that since Defendant Del Mar Thoroughbred Club’s likely denial of his entries was first reported in the media, he has lost approximately 40 additional horses from his stable.”

“There is not sufficient evidence for the court to conclude Del Mar TC will suffer any harm by issuance of this injunction,” Frazier wrote. “Plaintiffs have also submitted sufficient evidence for the court to conclude they are likely to prevail on the merits of their claims.”

Del Mar is a co-defendant in the case with the 22nd Agricultural District Association, on whose land the track sits.

Frazier said that Hollendorfer does not have the right to train merely because he has a valid license, but – citing a 1970 case against Hollywood Park -- said Del Mar “does not, however, have the authority to arbitrarily exclude a licensee from its track, such that it amounts to preventing the licensee from pursuing his or her calling.”

“The court finds both the Race Meet Agreement and the Stall Application prohibit Del Mar from refusing Mr. Hollendorfer’s application and/or entry into a race in an arbitrary and capricious manner,” Frazier wrote.

“The Race Meet Agreement, the Stall Application, and the relevant legal authorities all support the same conclusion – Del Mar TC is not permitted to arbitrarily deny Mr. Hollendorfer’s stall application, nor arbitrarily refuse him entry to a race. Despite this, there is evidence Del Mar TC did indeed arbitrarily deny Mr. Hollendorfer’s stall application without first providing him fair procedure. Accordingly, the court finds there is adequate evidence to conclude Plaintiffs have a reasonable likelihood of prevailing on the merits, as to their claims for declaratory relief and breach of contract.”

Frazier’s tentative ruling says Del Mar is “enjoined from denying Mr. Hollendorfer’s stall application, from refusing Mr. Hollendorfer’s entry to the Del Mar races, and from preventing Mr. Hollendorfer’s access to the fairgrounds as necessary to observe, saddle and race his horses until fair procedure can be completed, in the form of arbitration as per the Race Meet Agreement.”

Frazier set a status conference for Oct. 25, which would be less than two weeks prior to Del Mar’s fall meeting.