Dodgers pitcher Trevor Bauer misplaced twice Wednesday, when a choose allowed the San Diego lady who accused him of sexual assault to proceed together with her lawsuit towards him and dismissed his defamation lawsuit towards one among her former attorneys.
Below the rulings, issued by U.S. District Court Judge James Selna, Bauer was ordered to pay the authorized charges of the previous lawyer. The dismissal of that lawsuit doesn’t have an effect on the defamation fits Bauer has filed towards 5 different events, together with the accuser.
After Bauer sued her for defamation, she countersued, alleging sexual assault and battery. Bauer and his attorneys requested the court docket to throw out her go well with, noting she had made the identical allegations in her request for a restraining order. Since that request had been denied, Bauer argued, she shouldn’t get a second probability to allege actions for which he had been cleared.
In his ruling, Selna wrote the denial of the restraining order was “attributable to inadequate proof that the events can have contact sooner or later.” He wrote that Los Angeles Superior Courtroom Choose Dianna Gould-Saltman didn’t decide whether or not Bauer had dedicated an act of abuse and that neither social gathering had requested her to make such a willpower.
“The state court docket proceedings didn’t essentially determine that Bauer didn’t batter or sexually assault [her],” Selna wrote.
Bauer’s attorneys additionally argued the lady’s go well with needs to be thrown out as a result of Gould-Saltman had decided the 2 sexual encounters had been “completely consensual,” however Selna mentioned that argument was “not supported by the file.”
“However [the woman’s] consent to some type of tough intercourse,” Selna wrote, “Bauer engaged in acts whereas [she] was unconscious, when she was bodily and legally unable to present consent.”
Whether or not Bauer dedicated assault or battery can be determined at trial, if the case will get there. In court docket papers, Bauer reserved the proper to once more ask the court docket to throw out the accuser’s go well with, this time on grounds that its submitting was “procedurally poor.”
Bauer additionally had sued one of many lady’s former attorneys, Fred Thiagarajah, for defamation based on comments he gave to the Washington Post after the Los Angeles County district lawyer declined to file legal fees towards Bauer.
Thiagarajah informed the Put up that Bauer had “brutalized” the lady, and Bauer objected to what he asserted was no less than the insinuation of guilt.
“Choose Gould-Saltman herself said that Hill’s accidents had been ‘horrible,’” Selna wrote. “Bauer doesn’t current any compelling argument as to why Thiagarajah’s utilizing a synonym of the court docket’s personal language misstates the court docket’s findings.”
Gould-Saltman mentioned in full that “the accidents as proven within the images are horrible.” Bauer since has submitted to the district court a video that he claims exhibits the lady in mattress with him “smirking and unhurt” after the sexual encounter that allegedly resulted within the accidents.
The lady was examined in a hospital later that day, the place she was identified with “acute head harm” and “assault by guide strangulation.”
Bauer is appealing his two-year suspension for violating baseball’s coverage on sexual assault and home violence, with an arbitrator anticipated to rule no earlier than next month. Neither Bauer nor Main League Baseball has mentioned what proof Commissioner Rob Manfred cited in defending the suspension.
Bauer has constantly denied he violated both the league coverage or the regulation within the two evenings of what his representatives have characterised as unconventional however consensual intercourse.
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