After a prolonged legal battle, a California judge ordered stewards to disqualify Justify from his win of the 2018 Santa Anita Derby (G1) at Santa Anita Park.
The bench order granted a petition filed by Mick Ruis, owner and trainer of 2018 Santa Anita Derby runner-up Bolt d’Oro , and was entered immediately after oral arguments Dec. 1 in Los Angeles Superior Court. A formal judgment will follow.
Ruis originated the lawsuit after the California Horse Racing Board decided to take no action on a post-race test positive for scopolamine in Justify during a closed session in August 2018. Scopolamine is a prohibited substance in CHRB regulations.
The case has an extensive background. The post-race drug test finding of scopolamine in Justify after the Santa Anita Derby came to light through reporting of The New York Times in 2020. That story reported that in meeting behind closed doors, the CHRB decided not to call the finding a positive after attributing the finding to environmental contamination.
In a later settlement with Ruis, a reconfigured CHRB filed a complaint in the Justify case that would see California stewards consider the case in October 2020. The stewards opted to dismiss the CHRB complaint, saying that in 2018 the CHRB already had determined a decision on the matter. In January 2021 the CHRB decided to let that stewards’ decision stand and notified Ruis that it considered the matter closed.
Ruis continued to pursue litigation. Judge Mitchell Beckloff ordered the stewards consider the matter, but the stewards passed. Beckloff then issued another order directing the stewards explain why they would not reconsider. After sidestepping that directive, claiming CHRB had not withdrawn its dismissal, Beckloff ordered briefs leading to his Dec. 1 decision.
The CHRB argued stewards had discretion to wash their hands of the matter. Beckloff rejected that argument, citing a 1997 California Court of Appeals decision holding a “strict rule (requiring disqualification) is consonant with the provisions of the Horse Racing Law.”
Adhering to this precedent, Beckloff concluded, “There can be no question the facts found by the Stewards required Justify to be disqualified. … The court finds the stewards erred when they found they had no authority to adjudicate the disqualification complaint filed by (CHRB in 2020) involving Justify.”
Although the closing paragraph of Beckloff’s order says his decision does not otherwise “limit or control in any way the discretion” legally vested in CHRB, a footnote written by Beckloff suggests CHRB’s discretion may be limited. “Given (CHRB’s) position before the stewards at the hearing on its complaint, principles of estoppel suggest it should be precluded from asserting a different position in this proceeding.” Estoppel is a legal doctrine preventing a person or entity from asserting a claim after previously making an inconsistent representation.
Reached by telephone, Ruis attorney Carlo Fisco said, “I’m thankful to my client Mick Ruis and my co-counsel Darrell Vienna, whose invaluable direction led to this result. I also hope we can now put this thing behind us and watch Mick and everyone else race these wonderful athletes on the track.” Fisco and Vienna said in a media release, “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 was represented by the California Attorney General’s office. An attempt to obtain comment was unsuccessful.
The 2018 Santa Anita Derby drew seven runners with payouts of $600,000 to the winner and the second through sixth finishers receiving $200,000, $120,000, $50,000, $20,000, and $10,000, respectively. Those six runners, with a reshuffled order of finish, would be Bolt d’Oro, Core Beliefs , Instilled Regard , Pepi Tono, Orbit Rain , and Jimmy Chila . Payoffs to bettors would not be affected.
Justify would go on to sweep the Triple Crown races that season before being retired to stud. Justify did not have any qualifying points toward a start in the Kentucky Derby (G1) before his Santa Anita Derby win.
According to the BloodHorse 2023 leading sires list, as of Dec. 1 Justify ranked 19th in North America with $9,118,377 in progeny earnings, and Bolt d’Oro was 42nd with $6,812,894. Justify leads all second-crop sires in progeny earnings this year.
