California judge rules Mick Ruis can proceed with Justify lawsuit
The lawsuit filed by Mick Ruis against the California Horse Racing Board concerning Justify's victory in the 2018 Santa Anita Derby was given approval to proceed by a Los Angeles Superior Court judge on Friday, Ruis' defense team said.
Ruis is suing the board in an effort to have Justify's Santa Anita Derby win overturned and the purse redistributed due to his failed post-race drug test for scopolamine. The positive, which didn't become public until some 18 months later via a New York Times article, was dismissed by the CHRB when it was determined to be from environmental contamination.
Ruis owned and trainer the runner-up in the race, Bolt d'Oro. Attorney Darrell Vienna, who represents Ruis, said a trial on the matter is expected sometime in mid-2022.
A representative of the CHRB said the board would not comment on "active litigation."
Justify, who qualified for the Kentucky Derby via his Santa Anita Derby win, would go on to sweep the Triple Crown for trainer Bob Baffert.
From the Ruis defense team on Friday, which also includes attorney Carlo Fisco:
"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.”