Hollendorfer Mulls Legal Options After Judge's Denial

In the wake of the denial of a preliminary injunction that would have allowed trainer Jerry Hollendorfer to race at Golden Gate Fields, Hollendorfer will likely next have to sue for damages, says his attorney, Drew Couto.

"We continue on with the contract processes; we continue on with the litigation," Couto said. "The court said to go after damages, and so he'll go after damages. Jerry will make some decisions over the next few weeks as to how things go."

Hollendorfer and the California Thoroughbred Trainers had made a motion for a preliminary injunction against the Pacific Racing Association and Pacific Racing Association II to keep Golden Gate Fields from denying stabling to Hollendorfer, refusing entry of horses he trains, and denying him access to the track.

Judge Noel Wise of the Superior Court of California, County of Alameda denied the injunction Sept. 6, saying it was a mandatory injunction rather than the prohibitory injunction that Hollendorfer and CTT had requested. The judge defined something as a mandatory injunction "if it compels performance of an affirmative act that changes the position of the parties." She went on to note that Hollendorfer did not currently have horses at Golden Gate.

The judge's denial stated that "a mandatory injunction pending trial is not permitted except in cases where the asserted right is clearly established and it appears irreparable injury will flow from its refusal." Hollendorfer's case did not qualify for that exception, the judge wrote, noting that Hollendorfer's "testimony actually supports PRA's argument that damages will adequately compensate JH (Jerry Hollendofer) for any losses he claims."

In discussing the judge's ruling, Couto pointed out examples of irreparable harm, such as when "racing opportunities for 2-year-olds only occur during a 2-year-old year and 3-year-olds only during a 3-year old year, and so they're irreparably lost if you don't get to run during those times."

CTT will likely follow up as its contract with Golden Gate dictates.

"There is a grievance procedure outlined in our race meet agreements," said Alan F. Balch, executive director of CTT, "and that is the procedure we are pursuing."

The denial of stabling and entries for Hollendorfer began at Santa Anita Park in June following the death of Hollendorfer trainee American Currency. That fatality was part of the rash of 30 equine fatalities during the Santa Anita winter-spring meeting that led to the closure of the track through much of March and a reduction of dates for the rest of the meeting, which ended June 23.

Asked if the Golden Gate ruling would affect any litigation Hollendorfer might bring against Santa Anita, Couto replied, "Santa Anita is not this lawsuit. It is a separate issue."

Following Judge Wise's decision, The Stronach Group, which owns Santa Anita and Golden Gate, issued a two-paragraph statement that read in full: 

"In every decision that we make, The Stronach Group is committed to prioritizing the safety and welfare of horses and riders at our facilities. We are grateful to the California Superior Court for its thoughtful and thorough consideration of this matter and are pleased that our decision to ban Jerry Hollendorfer remains in effect.

"The Stronach Group will continue to work with our industry partners—owners, trainers, jockeys, backstretch workers, as well as veterinarians and regulatory bodies—to do our best to protect horses and riders, while also honoring and improving the tradition that underpins this legacy sport. All individuals who stable, race, or train horses at our facilities must match the level of safety and accountability that we demand."

Santa Anita will conduct a fall meeting from Sept. 26-Nov. 3 that will include the Nov. 1-2 Breeders' Cup. It is unclear what effect, if any, Santa Anita's decision to ban Hollendorfer would have on the Breeders' Cup. Hollendorfer trains Vasilika, winner of the Aug. 31 John C. Mabee Stakes (G2T) at Del Mar and a contender for the Breeders' Cup Filly & Mare Turf (G1T).

Asked about the Breeders' Cup, Couto responded, "It's not an issue that I have been addressing in the context of the litigation or the work I'm doing at the moment. It's not part of the PRA action. It's not part of Los Angeles Turf Club issues that we're looking at."