Judge rules against Trevor Bauer, accuser’s countersuit continues

Dodgers pitcher Trevor Bauer misplaced twice Wednesday, when a decide allowed the San Diego lady who accused him of sexual assault to proceed along with her lawsuit against him and dismissed his defamation lawsuit against one in every of her former attorneys.

Under the rulings, issued by US 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 against 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 swimsuit, noting that 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 that the denial of the restraining order was “as a consequence of inadequate proof that the events may have contact sooner or later.” He wrote that Los Angeles Superior Court Judge 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 resolve that Bauer didn’t batter or sexually assault [her],” Selna wrote.

Bauer’s attorneys additionally argued the girl’s swimsuit must be thrown out as a result of Gould-Saltman had decided the 2 sexual encounters had been “solely consensual,” however Selna mentioned that argument was “not supported by the report.”

“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 Bauer dedicated assault or battery could be determined at trial, if the case will get there. In court docket papers, Bauer reserved the fitting to once more ask the court docket to throw out the accuser’s swimsuit, this time on grounds that its submitting was “procedurally poor.”

Bauer additionally sued one of many lady’s former attorneys, Fred Thiagarajah, for defamation primarily based on feedback he gave to the Washington Post after the Los Angeles County district lawyer declined to file felony prices against Bauer.

Thiagarajah informed the Post that Bauer had “brutalized” the girl, and Bauer objected to what he asserted was at the least the insinuation of guilt.

“Judge 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 has since submitted to the district court docket a video that he claims reveals the girl 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 damage” and “assault by handbook strangulation.”

Bauer is interesting his two-year suspension for violating baseball’s coverage on sexual assault and home violence, with an arbitrator anticipated to rule no sooner than subsequent month. Neither Bauer nor Major League Baseball has mentioned what proof Commissioner Rob Manfred cited in defending the suspension.

Bauer has constantly denied that 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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