; Jamgotchian v. Slender
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Jamgotchian v. Slender

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									                                 Jamgotchain v. Slender

                   170 Cal. App. 4th 1384, 89 Cal. Rptr. 3d 122 (2009)

Parties:

                Plaintiff – Jerry Jamgotchain, – the owner of horse John’s Kinda Girl

                Defendant –George Slender – racing steward

Facts:

        P told D that he wanted the withdraw JKG from a race in order to race the
horse in Seattle. D stated that P was obligated to race and that if he didn’t race he
would be threatened with at 60 day suspension of his racing license. D also stated
that he would bar all of P’s horses from racing anywhere in California. D notified
CHRB investigators to not allow JKG from leaving the stables. D had people stationed
at the stables. P faxed a letter to the Assistant Executive Director of the California
Horse Racing Board stating that he was going to remove the horse. Glatt, JKG trainer
saddled the horse and raced it, which cause the horse to become injured and lame.

Procedural Posture:

      Trial court denied D’s Motion for summary judgment on the grounds that he
had no authority to take control and run the horse, and no immunity applied,
because Slender had acted outside the powers entrusted to his discretion

Issue:

       Whether Slender is liable for trespass to chattels based on his actions
preventing P from retrieving JKG from the rage track and requiring that the horse be
raced against Jamgothian’s wishes?

Holding:

         Yes.

Ruling:

         The lower court’s judgment is reversed and P was granted cost on appeal.

Legal Reasoning:

       D’s action of posting guards and race security staff to prevent P from getting
his horse was a substantial factor in cause P’s harm. If P was able to get his horse,
the horse wouldn’t have been injured.

								
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