The following edited press release was distributed by attorneys Carlo Fisco and Darrell Vienna.
Ruis Racing LLC on Friday announced a significant legal victory against the California Horse Racing Board. Represented by attorneys, Carlo Fisco and Darrell Vienna, Ruis Racing LLC obtained an order from Los Angeles County Superior Court Judge Mitchell L. Beckloff directing the California Horse Racing Board stewards to set aside their Dec. 9, 2020, decision and issue a new ruling disqualifying Justify from the 2018 Santa Anita Derby (G1).
Ruis Racing owns Bolt d'Oro, the original second-place finisher behind Justify.
Justify tested positive for scopolamine after the Santa Anita Derby but the CHRB, meeting in executive session, opted not to pursue a complaint against trainer Bob Baffert or disqualify Justify from the win. The issue didn't come to light until September, more than five months after the Santa Anita Derby, when the New York Times published an article saying Justify's failed drug test was disposed of by the CHRB on the grounds that it was a suspected case of contamination.
Following the CHRB's action, stewards had ruled that they lacked jurisdiction to conduct a disqualification hearing in this matter. The Court disagreed and stated in its decision that there is “no reason for remand” as there is “no doubt” the stewards would have disqualified Justify if they understood that they had the authority to do so.
Today's decision supports the longstanding California Horse Racing Board rule that any horse racing with a prohibited substance in its system must be disqualified and the purse redistributed.
The CHRB, which has an opportunity to appeal the ruling, declined comment, citing the ongoing litigation.
With the decision, Ruis will be entitled to the first-place purse of $600,000 (he originally earned $200,000 for second) and the winning trophy. Bolt d'Oro will be credited with the win, his third in a Grade 1. Justify, who went on to win the Triple Crown, will be stripped of the Santa Anita Derby win and all purse money.
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