Judge delays decision on Hollendorfer request for restraining order

SAN DIEGO – A San Diego County Superior Court Judge on Thursday said he needed more time to review documents related to a temporary restraining order sought by trainer Jerry Hollendorfer against Del Mar, setting a preliminary injunction hearing for eight days hence, on July 26.

Judge Ronald F. Frazier said he was denying “without prejudice” a temporary restraining order sought Thursday. He set the preliminary injunction hearing for his courtroom, in downtown San Diego, at 11:30 a.m. on what would be the eighth day of Del Mar’s summer meeting.

“I have gone through the application,” Frazier said. “You have given the court a lot to look at in a short amount of time.

“From the court’s perspective, I’m reluctant to make a hasty decision.”

Hollendorfer’s suit has both he and the California Thoroughbred Trainers as the plaintiffs against Del Mar and the 22nd District Agricultural Association, on whose land the track sits. Del Mar has prevented Hollendorfer, a Hall of Fame trainer, from running horses he trains during the current meeting.

“The judge didn’t make a decision. He just said he needed more time, and I think time is on our favor,” Hollendorfer said following the brief hearing.

Hollendorfer was represented by attorney Drew Couto. The CTT was represented by attorney Darrell Vienna, a former trainer. They flanked Hollendorfer on the plaintiff’s side of the table during the hearing. Chris Jaczko was the attorney representing Del Mar. The hearing began shortly after 9 a.m. Pacific and was completed in a matter of minutes.

Hollendorfer’s suit was filed Monday, and the next day a temporary restraining order was sought, with Frazier granting the hearing. But, according to Couto, the suit and supporting documents totaled approximately 200 pages from Hollendorfer’s side and another 100 from the defendants. Frazier, during his remarks, noted that this wasn’t the only case for which he was currently responsible.

“It’s not reasonable to think the judge could get through all that so quickly,” Couto said. “It’s better that the judge takes his time and goes through everything.”

Hollendorfer was evicted from Santa Anita on June 22. That morning, a horse in his care who had been approved by the track to work out suffered a fatal injury, the fourth for a horse trained by Hollendorfer since the start of the Santa Anita meeting on Dec. 26. He relocated his horses to Los Alamitos, which welcomed him, and at which he raced during its recently concluded meeting 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 sent out two runners on Wednesday’s opening day, winning with one.