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Race Meet Agreement at Center of Hollendorfer, TSG April Trial

A trial on the long-gestating legal battle between trainer Jerry Hollendorfer and The Stronach Group (TSG), along with its subsidiary owners of Santa Anita Park, is scheduled for Apr. 4 in the County of Los Angeles Superior Court of California.

The non-jury trial, however, is focused on a single declaratory relief cause of action against TSG, encompassing the proper legal interpretation of the race-meet contract between the California Thoroughbred Trainers (CTT) and Santa Anita, and excludes some of Hollendorfer's broader causes of action.

TSG banned Hollendorfer–formerly one of California's most prolific trainers numerically–from its facilities after four of his horses were catastrophically injured during Santa Anita's 2018-2019 winter/spring meet, when the track experienced a well-publicized spike in equine fatalities during an unusually wet spell.

In short, Hollendorfer argues in a brief, dated Feb. 25, that when TSG ejected him from its facilities in June of 2019, the company exceeded its authority as written into the race-meet agreement and as outlined in the California Horse Racing Board's (CHRB) rulebook. More broadly, Hollendorfer maintains that he was denied fair procedure when he was told he had 72-hours to vacate TSG properties after a brief and impromptu meeting with TSG representatives on June 22 of 2019.

In response, TSG maintains it has a common law right of exclusion, and that its authority was also granted through language in the stall application–an agreement between the individual trainer and the racing association–as well as through a CHRB rule pertaining to removal or denial of access. In pre-trial briefs, TSG has argued that the company twice gave Hollendorfer the opportunity to discuss his situation, and therefore, met the elements of fair procedure.

Hollendorfer has been barred from TSG-owned facilities since June of 2019–a period that has seen the trainer's fire-power decline markedly.

A court filing from late last year states that Hollendorfer's stable has shrunk from more than 120 horses in California to an average of just 10, with another 25 to 30 horses traveling between three to four other states.

According to Equibase, Hollendorfer trained 35 winners and earned $1,619,956 in prize money last year. In 2018, he trained 176 winners and accrued $7,191,756 in prize money.

Hollendorfer's legal tussle with the operators of Santa Anita dates to September of 2019, when he filed his initial lawsuit, and the following month, when LA County Superior Court denied his application for a temporary restraining order.

The plaintiff's brief summarizes the defendants' arguments. For one, TSG contends that the terms of the stall application–a document referenced by and woven into the race meet agreement–empowers them to “refuse horse race entries,” the brief states.

Furthermore, CHRB Rule 1989, concerning removal or denial of access, “provides a racing association–as a licensee–unfettered discretion to exclude any other licensees from their premises, including where such exclusion deprives another licensee of vested fundamental rights without Fair Procedure, due process, or equal protection under the law, or any other form of recourse or redress,” the filing adds.

Hollendorfer, however, asks the court to focus on a certain section of the race meet agreement “which provides that the 'agreement of CTT shall be a condition precedent' to the execution of a decision by Defendants 'to limit or eliminate' a trainer's 'ability to participate in racing or training activities' at their racetracks.”

Since the start of legal proceedings, the CTT has supported Hollendorfer's argument that he was denied due process and fair procedure.

Hollendorfer also takes aim at CHRB rule 1989, contending that the agency wields ultimate jurisdiction as to access eligibility of licensees onto CHRB-licensed grounds.

“Plaintiff contends that Defendants' interpretation of the Rule is without merit, inconsistent with controlling case law, and would otherwise constitute the improper abrogation and/or delegation of the CHRB's legislated responsibilities and duties to private entities,” the brief states.

The CHRB has taken no disciplinary actions against Hollendorfer for the fatalities in the winter and spring of 2018-2019, and he has continued to train at Los Alamitos racetrack.

A CHRB investigation into the fatality spike at Santa Anita that winter found no smoking gun. A concurrent investigation by the Los Angeles County District Attorney's Task Force similarly found no evidence of “criminal animal cruelty or unlawful conduct.”

The court's ruling will have a significant bearing on Hollendorfer's broader claims for damages when he is expected to take them before a jury.

The ruling is also expected to have a bearing on the outcome of ongoing negotiations to revise the race meet agreement contract currently used in California.

Hollendorfer filed his initial lawsuit against the Pacific Racing Association–the corporate operators of Golden Gate Fields–on Aug. 12, 2019, in Alameda County Superior Court. That Court also subsequently denied Hollendorfer's application for a temporary restraining order. The trial date in that case is scheduled for Mar. 21.

Hollendorfer is also engaged in ongoing litigation against the CHRB and the Del Mar Thoroughbred Club. These cases are being heard in the Superior Court of San Diego County.

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Blea Seeks California Superior Court Relief From Suspension

Sidelined California Horse Racing Board (CHRB) equine medical director Jeff Blea has filed a writ of mandate with the California Superior Court for the County of Los Angeles seeking to lift the California Veterinary Medical Board's interim suspension on his veterinary license.

The court filing, dated Feb. 24, also seeks declarative and injunctive relief, arguing that the position of equine medical director does not require an active license, and that Blea, UC Davis and the CHRB will continue to suffer “irreparable harm” if California horse racing's head veterinarian remains unable to fulfill his duties.

UC Davis placed Blea on administrative leave from his role as equine medical director in January. That position is first appointed by the dean of UC Davis, which then contracts with the CHRB for the appointee's services.

In the interim, UC Davis has used “school personnel” to fulfill the duties of the equine medical director for the CHRB.

Monday, Blea also set the ball officially rolling towards a formal hearing on the veterinary board's accusations against him, filing a notice of defense.

In the meantime, Blea will also likely seek to stay the interim suspension of his veterinary license until the Superior Court can officially hear the matter, explained his attorney, George Wallace.

Another purpose of the stay would be to potentially delay the formal hearing on the accusations against Blea so that the veterinary board receives guidance from the Superior Court “on what the law is,” said Wallace.

At the start of the year, the veterinary board announced that an emergency hearing had resulted in an interim suspension of Blea's veterinary license for a number of alleged offenses, including purportedly administering medications to racehorses without a prior examination, without forming a diagnosis and without medical necessity.

The veterinary board also claimed that Blea presents a “danger to public health, safety and welfare,” due to his oversight as equine medical director of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit (Protonico), the Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita.

The necropsy and postmortem review of Medina Spirit's death is now complete, with the cause of death undetermined. John Pascoe, the executive associate dean of UC Davis's School of Veterinary Medicine, ultimately oversaw the necropsy examination.

According to various leading veterinary medical experts, the veterinary board's accusations levelled against Blea—including amended accusations from earlier this month—consist largely of lax record keeping.

Veterinary experts also suggest that the veterinary board's investigation potentially failed to account for the unusual nature of veterinary practice on the backstretch, where veterinarians–even those with multiple barns under their care–can build the sort of daily relationship with their animals absent from traditional small animal practice.

In his filing with the Superior Court, Blea argues that the interim suspension of his veterinary license is invalid for several reasons, including how the administrative law judge who issued the suspension used a “preponderance of evidence” to support her decision, instead of the legally required higher standard based on “clear and convincing proof to a reasonable certainty.”

The judge's findings “are not supported by the weight of the evidence, or by any substantial evidence, or at all,” the filing states.

Furthermore, even though Blea retired from medical practice in June of last year–to assume the role of equine medical director–there is “no substantial evidence” to suggest that even if he were still practicing, he poses a “danger” to anyone, the filing states.

“The Accusation is devoid of any assertion, or suggestion, that any equine patient of Dr. Blea was harmed in any way, or that any of Dr. Blea's clients (the owners and trainers of those horses, the “consumers” of veterinary services whose interests are to be protected by the Veterinary Medical Board) have the slightest complaint about his professional practices in the care of those patients,” the filing adds.

The veterinary board has also argued that the statutory definition of the equine medical director position means that Blea is actively engaging in veterinary medicine by conducting his duties.

In his Superior Court filing, Blea takes issue with that assessment, arguing that the veterinary board's reading of the state's Business and Professions Code is “overbroad and unreasonable,” and is incorrect “as a matter of law.”

The CHRB has thrown its weight behind Blea. Earlier this month, senior CHRB officials said that the agency was contemplating a similar legal intervention in the Superior Court on Blea's behalf.

Monday, CHRB executive director, Scott Chaney, explained the agency is still in the process of finalizing that strategy.

The TDN also asked UC Davis if Blea would resume his equine medical director duties if California Superior Court grants a stay on his interim suspension. UC Davis has yet to respond.

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CHRB Completes Medina Spirit Postmortem Review

Edited Press Release

Pursuant to California Horse Racing Board (CHRB) Rule 1846.6, a Postmortem Examination Review (PER) was completed on the sudden death of Medina Spirit. This process takes place for every fatality occurring at a CHRB regulated facility and is performed by a team consisting of an Official Veterinarian, a safety steward, and a member of the Board of Stewards–in this case, Dr. Alina Vale, David Neusch (safety steward), and Kim Sawyer (steward).

In all cases, the PER panel strives to learn the circumstances surrounding the fatality, which involves reviewing the necropsy report, medical records, and training records in an effort to identify any at-risk factors in preparation for interviews with the trainers, attending veterinarians, and any other licensees deemed appropriate. A more detailed description is provided in Rule 1846.6.

Based on the forensic examination and the postmortem review on Medina Spirit, the CHRB did not identify any potential CHRB violations that require further investigation.

Click here to view the complete Postmortem Examination Review.

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Amended Accusations Set Ball Rolling Towards Blea Hearing

In an amended accusation, the California Veterinary Medical Board has revised its original set of complaints leveled against California Horse Racing Board (CHRB) equine medical director, Jeff Blea.

The additional information, however, mostly “fine-tunes” what was included in the original accusation against Blea and doesn't change the “big picture,” said George Wallace, Blea's attorney.

According to various leading veterinary medical experts, that big picture is one largely of lax record keeping.

What the amended accusation does, however, is set the ball rolling on a rough time-table leading to a full hearing, giving Blea 15 days with which to file a notice of defense.

Once Blea's notice of defense has been filed, the formal hearing is required to be scheduled within 30 days, said Wallace. But due to the complicated nature of the case, it will likely take longer, he said.

“We expect to oppose and refute most everything here when the appropriate time comes. It remains the case that the allegations of the Accusation are disputed, and will be either refuted altogether or shown to be consistent with the professional and legal obligations of equine veterinarians generally, and particularly of equine veterinarians at California race tracks,” Wallace wrote in an email, regarding the amended accusation.

Blea was put on administrative leave from his position as California horse racing's head veterinarian by UC Davis in January. As per an administrative law judge ruling from earlier this month, Blea's veterinary license is also temporarily suspended pending a formal hearing.

In the interim, Blea might still seek injunctive relief in the California Superior Court to lift the temporary block on his veterinary license due to the fact the suspension has “serious problems in terms of a lack of an evidentiary basis,” Wallace said. A decision on such a move could arrive by next week, he said.

After the administrative law judge's ruling earlier in February, CHRB executive director, Scott Chaney, explained that the agency was contemplating similar legal intervention in the Superior Court on behalf of Blea.

According to a CHRB spokesperson Wednesday, no decision had yet been made on the agency's legal approach in the case.

The veterinary board accuses Blea of a number of offenses, including allegedly administering drugs to racehorses without a prior examination to form a diagnosis and determine medical necessity, failing to establish “any” veterinary-client-patient relationship, and of issuing drugs that are not FDA approved for equine administration.

A subsequent TDN investigation found a broad consensus among veterinary medical experts that the infractions are largely matters of poor record keeping which typically result in punitive actions less severe than a suspended license.

Veterinary experts also suggested that the medical board's investigation into Blea potentially failed to account for the unusual nature of veterinary practice on the backstretch, where veterinarians with multiple barns under their care can build the sort of relationship with their animals that is absent from traditional small animal practice.

In its original argument for an interim suspension, the veterinary board claimed that Blea presents a “danger to public health, safety and welfare,” due to his oversight as equine medical director of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit (Protonico), the GI Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita.

The final results of that necropsy were issued to the public last week, with Medina Spirit's cause of death ultimately “undetermined.”

According to UC Davis, Blea remains on administrative leave, despite completion of the necropsy.

“The conclusion of the Medina Spirit necropsy does not affect the status of the equine medical director position. Dr. Blea's administrative leave continues. In the meantime, school personnel continue to fulfill the duties of the equine medical director for the California Horse Racing Board,” wrote a UC Davis spokesperson, in an email.

The amended accusation includes details that weren't included in the original complaint.

It states, for example, that Blea's veterinarian confidential reports revealed “clusters of equine patients were administered identical medications and treatments, at the same time, at the request of their trainers without medical necessity.”

Listed in explanation are the following substances that are commonly found along the racetrack backstretch: Adequan, Gastrogard, Aspirin powder, Acepromazine pills, Uniprim, Otomax, Legend (a hyaluronic acid), and Tucoprim powder.

The amended accusation also adds additional substances to those that Blea reportedly possessed or used that have not been approved by the FDA.

But as Bryan Langlois, former president of the Pennsylvania Veterinary Medical Association, had previously told the TDN, just because certain drugs don't have FDA approval for use in horses doesn't mean veterinarians are prohibited from prescribing them.

“A lot of drugs that are out there, they're FDA approved but only in certain species or only in humans. The companies never did the trials to test them in animals to get the FDA certification. So, a lot of times, we prescribe these drugs as off-label use,” Langlois had told the TDN.

“Usually, what that means is that there is no FDA approved equivalent out there for that species. The research has been done and the drug dosage has been worked out so that it can be used safely in animals, you just have to make the owner aware of the fact that you're using it off-label,” he had said.

Among the punitive outcomes the veterinary medical board is seeking against Blea is full revocation or suspension of his license.

The TDN asked Langlois to review the amended accusation. In a text, he explained that the nature of the allegations still don't rise to the level requiring immediate license suspension.

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