California Horse Racing Board | Horse Racing Free Tips

Judge Rules In Favor Of Ruis Racing In Lawsuit Over Justify’s Santa Anita Derby Victory

The following press release was issued on Friday, Dec. 10, by Carlo Fisco and Darrell Vienna, attorneys for horse owner Mick Ruis and Ruis Racing, who sued the California Horse Racing Board over the regulatory agency's decision not to file a complaint for a medication violation in the case of 2018 Santa Anita Derby winner Justify. The eventual Triple Crown winner was found to have the prohibited drug scopolamine in his system after a post-race sample was tested, but the board voted in executive session to have the matter dropped, with no complaint filed against trainer Bob Baffert and no consideration of a purse disqualification for Justify.

Ruis Racing owned Bolt d'Oro, the Santa Anita Derby runner-up, who would have been in line for the race's $600,000 first-place purse (he earned $200,000 for second).

Press Release:

This morning, Los Angeles County Superior Court Judge Mitchell L. Beckloff overruled the CHRB's attempt to have the purse disqualification matter dismissed involving the horse Justify and allowed the matter to go forward. Ruis Racing LLC has alleged that the CHRB's failure to disqualify Justify from the 2018 Santa Anita Derby after testing positive for a prohibited substance was a violation of its own mandatory rules.

Ruis Racing attorneys Carlo Fisco and Darrell Vienna were encouraged by today's decision and look forward to finally bringing this matter to trial. Carlo Fisco stated: “We have a long way to go but are pleased that the court confirmed our client's undeniable claim in pursuing this case. Today was a technical hurdle introduced by the CHRB in attempt to escape its responsibility for the Justify debacle. We remain confident that the trial on this matter will expose the legal improprieties of the former CHRB Board and its former Equine Medical Director as well as the utter refusal by the CHRB Board of Stewards to correct an obvious injustice.”

Trial is expected to occur in mid-2022.

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Miller Fined For Third Medication Violation In 365 Days

Trainer Peter Miller, who announced in November he would be taking a hiatus from training, has been fined by the California Horse Racing Board stewards for picking up a third medication violation in 365 days. A ruling issued Dec. 6 revealed that Miller trainee Mr. Dougie Fresh tested positive for pheylbutazone in a post-workout test following a Sept. 13 workout at San Luis Rey Downs.

Miller has been fined $5,500 for the violation and given a half-point on his license in accordance with California's multiple medication violation rules. The half-point will expire in Sept. 13, 2022.

Additionally, the CHRB ruling cited Rule 1866(h) regarding the veterinarian's list, which outlines the requirements for a horse on the veterinarian's list to perform a workout and have blood and urine samples taken for drug testing before being released from the list.

On Aug. 7, Mr. Dougie Fresh was added to the veterinarian's list for five days due to an unspecified medication administration. On Aug. 26, the horse was claimed from Race 3 at Del Mar, but the claim was voided by the state veterinarian and Mr. Dougie Fresh was placed on the veterinarian's list due to unsoundness on Aug. 27.

Earlier this year, Miller trainee Hembree tested positive for isoflupredone after a Jan. 1 graded stakes race, and graded stakes winner Mo Forza tested positive for phenylbutazone after a workout in June.

On Dec. 5, Miller was listed as the new trainer on Manhattan Up, who was claimed out of the eighth race at Oaklawn. The new owner was listed as Tom Kagele.

“Managing a large stable is a 24-hour, 365-day a year endeavor,” said Miller on Nov. 18 regarding his decision to step back from training beginning on Nov. 29. “The effort to compete at the highest level of my profession has taken its toll on my family and my health and I believe this decision is best for me, my family and our future.”

Miller said at the time he would remain involved in racing as an owner and a racing advisor for his owners and assistants.

Mr. Dougie Fresh later returned to the races and won a claiming race Oct. 11 at Santa Anita, followed by a third in an Oct. 30 claiming contest at Santa Anita, where he was claimed by Doug O'Neill. He has since begun working out at Oaklawn.

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$5K Multiple Medication Fine For Miller

Trainer Peter Miller has been fined $5,000 and assessed one half (1/2) point in accordance with the California Horse Racing Board (CHRB) multiple medication violations rule as a result of Mr. Dougie Fresh (Ghostzapper) testing positive for phenylbutazone after working at San Luis Rey Downs on Sept. 13, according to a Los Alamitos board of stewards ruling Sunday.

Phenylbutazone–more commonly referred to as just “bute”–is a class 4, category C drug. This constituted Miller's third class 4 medication violation in California in 365 days.

On Sept. 2, Miller was fined $1,500 and assessed one half point in accordance with the CHRB's multiple medication violations rule as a consequence of Mo Forza (Uncle Mo) testing positive for phenylbutazone after working at San Luis Rey Downs June 19, 2021.

Mo Forza subsequently won a brace of GII races at Del Mar and Santa Anita–the Del Mar Mile S. and the City of Hope Mile S.

On April 10, Miller was fined $500 after Hembree (Proud Citizen) tested positive for Isoflupredone, a 4C penalty regulated drug, after winning the seventh race at Santa Anita Park Jan. 1.

When asked about the three class 4 medication violations this year, Miller pointed to California's relatively recently instituted out of competition medication regulations.

“Two of the violations were in morning workouts, that wouldn't have been violations in any other state in the country,” he wrote.

Last month, Miller announced that he was taking a hiatus from training, in order to spend “more time with his family, focus on overall health and wellness, and pursue other interests.”

The hiatus, which according to a press release started Nov. 29, is expected to leave the everyday running of the barn in the hands of his assistant, Ruben Alvarado. Miller, however, will still maintain an advisory position along with his role as an owner, the release stated.

According to Equibase, Miller has no horses entered under his name. He did, however, claim Manhattan Up (Into Mischief) out of the Robertino Diodoro barn for $50,000 at Oaklawn Park on Sunday. Miller is listed as the new trainer.

For the past three years–and in light of the 2019 Santa Anita welfare crisis–the state's regulatory agency has markedly tightened the rules surrounding equine safety, placing an emphasis on the role of trainer responsibility.

As such, speculation had been mounting for some time that Miller has been the target of increased regulatory scrutiny due to five horses in his care suffering catastrophic injuries during 2021–the highest number of any single trainer in California this year.

Miller addressed those rumors in the press release, stating that his decision had not been triggered by any outside regulatory pressure.

As per the Oaklawn claim, Miller wrote in his text, “We are sending a string to Arkansas but will run under an assistant.”

Miller also addressed via text the equine fatalities he has incurred during a 12-month period. He wrote that the fatalities were “100% unavoidable,” which included three horses that incurred catastrophic shoulder injuries after layoffs. These specific injuries are often difficult to diagnose.

“Perfectly sound horses and my first and only heart attack in 35 years training,” he wrote, pointing also to Rustic Canyon (Unusual Heat), a 6-year-old gelding who suffered a sudden cardiac death during training at San Luis Rey on Feb. 26.

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Pamela Berg, Founder Of Northern California’s Oldest Equine Retirement Facility, Slowly Recovering From Hospitalization

The Glen Ellen Vocational Academy, Northern California's oldest horse retirement and rehabilitation facility, has overcome so many daunting challenges — from severe drought to threatening wildfires and a global pandemic — since its founding 26 years ago. The non-profit foundation has survived despite rounds of increases in the cost of veterinarian care, feed, hay and other farm supplies.

But the picturesque 8 1/2-acre ranch, nestled in the rural Sonoma Valley hills near Jack London State Park in the heart of the Sonoma County wine region, could be facing its biggest obstacle yet.

The farm's 77-year-old founder and proprietor Pamela Berg is struggling to regain her strength following recent hospitalization with a bout of sepsis, which developed from an infection. Berg, who has faithfully maintained the facility and handled the daily care for GEVA's equine residents — mostly retired Thoroughbreds — with minimal volunteer assistance, is slowly recovering. But she is too weakened by her illness to perform the activities required to keep such an operation going.

Sepsis happens when an infection triggers a chain reaction throughout the body and attacks internal organs such as kidneys. Without timely treatment, sepsis can rapidly lead to tissue damage, organ failure, and death.

“I'm home and happy to be alive, but have a long and slow road ahead of me,” Berg, a former California Horse Racing Board steward, wrote in an email.

She added that meeting unexpected expenses and more volunteer help are at the top of GEVA's list of needs. There are about 30 horses currently on the farm.

These needs will be “continuing since I won't be able to pick up where I left off,” Berg wrote. “We would welcome any and all donations for the horses and new help, which is hard to find.”

“She's a fierce bundle of energy in a small package who never quits in her fight for the welfare of her horses,” wrote Jack Shinar. “She's someone I greatly admire.”

People wishing to donate or volunteer may do so through GEVA's website at www.glenellenfarms.com/geva. The farm may be reached directly by phone at (707) 509-9110.

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