Court Decision Allows Hollendorfer to Race at Del Mar

A San Diego County judicial officer July 26 granted Jerry Hollendorfer an injunction that will allow him to train horses at Del Mar.

Hollendorfer, who was ruled off by The Stronach Group's Santa Anita Park June 22 after he had a fourth horse suffer a catastrophic breakdown in racing or training at that meet, had not been given stalls or allowed to compete at the Del Mar meet that began July 17.

On Friday, the court issued an injunction that will allow the Hall of Fame trainer stalls at Del Mar and to enter horses there pending a possible future arbitration hearing, as called for by Del Mar's race meet agreement with California Thoroughbred Trainers.

"The court orders defendant Del Mar Thoroughbred Club is enjoined from denying Mr. Hollendorfer's stall application, from refusing Mr. Hollendorfer entry to the Del Mar races, and from preventing Mr. Hollendorfer's access to the fairgrounds as necessary to saddle, observe, and race his horses until fair procedure can be completed in the form of arbitration as per the race meet agreement," wrote judicial officer Ronald Frazier in a tentative ruling that was finalized during Friday's hearing in the Superior Court of California, County of San Diego.

Hollendorfer's attorney, Drew Couto, said after Friday's hearing that the court determined the race meet agreement between CTT, which also filed a complaint with the court, and Del Mar provides that the track cannot bar a licensed trainer's request for stalls or entry to race in an arbitrary and capricious manner. 

With the injunction in place, Hollendorfer will be allowed to train until an arbitration hearing—should the track move forward with that option—reaches a conclusion.

"The ball's in Del Mar's court now," Couto said. 

Attorney Darrell Vienna, who represented CTT, said there was some discussion with Del Mar's attorneys about a possible hearing, but there was no final decision. Del Mar issued a statement noting its emphasis on equine safety.

"The Del Mar Thoroughbred Club has taken unprecedented steps to provide for the safest possible environment for the horses and riders at our facility," the statement said. "We will abide by the order of the court in the matter of trainer Jerry Hollendorfer entering horses at our 2019 summer meet. We will continue our work with all relevant stakeholders to ensure that Del Mar remains among the safest Thoroughbred racetracks in the industry."

Santa Anita ruled off Hollendorfer one day before a meet that was marred by 30 horse deaths wrapped up June 23. Because the decision to bar the trainer was made by a track, as opposed to a regulator, there is no track-to-track reciprocity on such decisions, like there would be between state regulators. Los Alamitos Race Course opted to allow Hollendorfer to train, and he also has been racing horses at the fair meet at Sacramento.

The court found that the race meet agreement allows for a review by CTT before a trainer is ruled off and a hearing if the two sides are not in agreement on the decision.

"Moreover, the court finds no conflict between the stall application's provision that CTT may request review of Del Mar TC's decision to refuse an application or refuse entry to a race and the race meet agreement's provision entitling CTT to present a trainer's grievance to Del Mar TC and to proceed to arbitration to the extent the dispute is not settled," the court wrote.

The court filing noted Hollendorfer has had about 40 horses moved from his stable since being ruled off at Santa Anita. 

"Plaintiffs have submitted sufficient evidence for the court to conclude Mr. Hollendorfer will suffer irreparable harm if an injunction is not issued," wrote Frazier. "Further, there is not sufficient evidence for the court to conclude Del Mar Thoroughbred Club will suffer any harm by issuance of an injunction.

"Plaintiffs have also submitted sufficient evidence for the court to conclude they are likely to prevail on the merits of their claims."