Hollendorfer Denied Restraining Order for Santa Anita

Los Angeles County Judge Mary Strobel denied a request for a temporary restraining order Oct. 16 that could have allowed trainer Jerry Hollendorfer to race at Santa Anita Park, a track owned by The Stronach Group, while any litigation plays out.

Hollendorfer, a Hall of Famer, has been barred from racing or training at TSG tracks after six of his horses died this winter and spring between Santa Anita and Golden Gate Fields, another TSG track.

The trainer and TSG have been at odds since June 22 when it excluded him after the death of American Currency, one of four horses he trained that had a catastrophic injury at Santa Anita. That fatality was one of 30 equine deaths during the winter/spring meeting there that led to the closure of the track through a portion or March, widespread media attention, and political pressure from government and regulatory officials. The meet ended June 23.

Hollendorfer, 73, won an injunction over the summer that allowed him to participate at Del Mar, which initially followed suit from Santa Anita and barred him. Later, he was denied a temporary restraining order by an Alameda County judge in September that would have allowed him to run at Golden Gate.

Wednesday's ruling is unlikely to mark the end of Hollendorfer's legal battles with TSG. His attorney, Drew Couto, said he would now file a preliminary injunction motion, a legal move lacking the emergency status of a temporary restraining order but one that, if successful, could clear the way for Hollendorfer to resume training and racing at Santa Anita.

Couto argued before the court and in court documents that Hollendorfer had not been granted fair procedure by TSG, pointing to an absence of arbitration between the trainer and TSG. 

"He's hung out to dry until this finally comes around and somebody is forced to do an arbitration," he said.

Richard Specter, an attorney for TSG, disputed the assertion that Hollendorfer had been denied fair procedure, stating the trainer met with Santa Anita officials in June and then Sept. 12. In the specific dispute with Hollendorfer, he contends TSG is not bound to a horsemen's agreement that would call for arbitration.

"We think that's legal fiction, and no court has agreed with Hollendorfer at this point," he said. 

In legal documents filed by TSG, attorneys argued Santa Anita was permitted to exclude the trainer under California Horse Racing Board rules and state law.

"While Hollendorfer maintains that the number of recent fatalities was an aberration, the truth is that Hollendorfer's history is abominable, and the six recent deaths are not unusual for him," their opposition stated. "Since the fall of 2011, Jerry Hollendorfer has had a total of 35 fatalities at just (Santa Anita) and (Golden Gate) combined, meaning he has averaged (3.88) deaths per year. Only one other trainer has more than 10 fatalities during that period, and that trainer had 19."

There are no CHRB rulings against the trainer that prevent him from training, a point of emphasis in his declaration to the court in documents. Also in that declaration, Hollendorfer, who had run one of the largest racing stables in the state, directed blame for the fatalities toward Santa Anita, stating, "Many horsemen, including myself, generally considered the meet and its racing surfaces to have been incredibly poorly managed, inconsistently maintained, and an overall disaster."

Since the Del Mar meet concluded in early September, he has continued to run horses in the state, first at Los Alamitos and more recently at Fresno in Northern California. 

He shipped King Jack to Parx Racing to win the Gallant Bob Stakes (G2) Sept. 21 and ran Danuska's My Girl and Vasilika Oct. 5 at Keeneland in the Thoroughbred Club of America Stakes (G3) and First Lady Stakes (G1T), where they were sixth and third, respectively. 

Although Hollendorfer remains barred from racing by TSG, he may still be able to start horses during the Breeders' Cup at Santa Anita Nov. 1-2. Decisions on which horses and horsemen can participate in those races are up to Breeders' Cup, not the host track. This month, the Breeders' Cup declined to comment on whether he would be able to run horses.

Vasilika and Danuska's My Girl are respective candidates for the Maker's Mark Filly & Mare Turf (G1T) and Filly & Mare Sprint (G1), both Nov. 2. Both horses worked at Los Alamitos Oct. 14. Pre-entries for all Breeders' Cup races are Oct. 21.