Trevor Bauer’s quest for payback in opposition to sure of us and publications suffered a pair of setbacks in court docket Wednesday when a federal choose dominated in favor of two of us Bauer has sued and accused of damaging him financially.
a sort of defendants was the woman from San Diego who accused the l. a. Dodgers pitcher of choking and hitting her final 12 months all by two sexual encounters at his dwelling in Pasadena.
the selection defendant was the woman’s former legal professional, Fred Thiagarajah.
U.S. District choose James V. Selna granted a movement by Thiagarajah to have Bauer’s defamation declare in opposition to him dismissed, stating that Bauer did not meet his burden in displaying a probability of success on the deserves of that declare in opposition to him.
Thiagarajah is “entitled to get properly affordable attorneys fees and prices, and shall submit an software inside seven days,” the choose’s ruling said.
in a single other ruling, the identical choose additionally denied Bauer’s try to have the San Diego woman’s countersuit in opposition to him dismissed. After Bauer sued her for defamation in April, the woman countersued him in August, restating her claims that he went too far of their encounters with out her consent.
Her lawsuit now can proceed in opposition to Bauer, who has not performed as a consequence of the woman went public collectively with her allegations in June 2021. however his greater battle trudges on: His lawsuit in opposition to the woman continues to be energetic, collectively with two fully different lawsuits in opposition to two sports activities web websites and two journalists. he is searching for damages from them after accusing them of defamation and blaming them for a lot of the difficulty he’s going by as he tries to renew his baseball profession.
In Thiagarajah’s case, Bauer’s attorneys took difficulty with suggestions he made to The Washington put up in February after the l. a. District legal professional’s office declined to file authorized fees in opposition to Bauer for what occurred between him and the San Diego woman in April and ought to 2021.
Thiagarajah informed the put up there was “little doubt that Mr. Bauer simply brutalized” his shopper final 12 months. Bauer’s attorneys say this was false and defamatory.
Thiagarajah’s attorneys say he was merely giving a “truthful and true report” of a court docket listening to involving Bauer and the woman final 12 months, which is protected by legal guidelines. A state household court docket choose in that listening to dominated in opposition to the woman’s request for a everlasting restraining order in opposition to Bauer however in addition famous the pictures of the woman’s accidents have been “horrible.” the woman went to the hospital after her second encounter with Bauer, the place she was recognized with an acute head damage and assault by strangulation. Bauer’s authorized workforce says these pictures have been “doctored.”
The choose’s ruling Wednesday cited Thiagarajah’s First modification proper to free speech.
“The court docket has analyzed this difficulty inside the context of Bauer’s prima facie defamation declare and located that Thiagarajah’s suggestions have been considerably true and communicated the gist of the state court docket proceedings,” mentioned Selna’s ruling from federal court docket inside the Central District of California. “for that purpose, the court docket equally finds that Thiagarajah’s statements are protected by the truthful Reporting Privilege.”
Bauer was positioned on paid administrative depart after the woman obtained here forward in June 2021 collectively with her request for a quick lived restraining order in opposition to him. foremost League Baseball investigated her claims and others after which suspended him for two seasons in April. He has denied wrongdoing and has appealed that suspension after stating his relationship with the woman involved consensual tough intercourse.
Bauer’s attorneys requested the court docket to have her countersuit dismissed, arguing that she mustn’t be allowed to relitigate what was hashed out in household court docket final 12 months on the listening to over the restraining order. however choose Selna famous the choose inside the restraining order listening to didn’t a clarify willpower about whether or not the woman was battered by him as she claims in her countersuit.
That state court docket choose as an alternate made her decision based mostly on the woman’s failure to current enough proof of an affordable basis to fear future harm from Bauer, Selna’s ruling said. Selna’s ruling additionally mentioned the state court docket choose famous the scope of the woman’s consent was “unclear.”
“however (the woman’s) consent to some sort of tough intercourse, Bauer engaged in acts whereas (she) was unconscious, when she was bodily and legally unable to current consent,” Selna’s ruling said.
“The court docket finds that the state court docket proceedings did not primarily decide that Bauer did not batter or sexually assault (the woman) … For the foregoing causes, the court docket denies Bauer’s movement to dismiss (the woman’s) counterclaims in opposition to him.”
A February 2024 trial date has been set in Bauer’s defamation lawsuit in opposition to her. The choose’s ruling to dismiss Thiagarajah from definitely one of many lawsuits now means Bauer has defamation lawsuits pending in opposition to 5 of us or publications as an alternate of six.