Jamgotchian

Plaintiff and appellant Jerry Jamgotchian appeals from a judgment following an order granting summary judgment in favor of defendant and respondent George D. Slender. Jamgotchian, the owner of a horse named John’s Kinda Girl (JKG), contends a triable issue of fact exists as to whether Slender, a racing steward, is liable for trespass to chattels based on his actions preventing Jamgotchian from retrieving JKG from the Del Mar Race Track grounds and requiring that the horse be raced against Jamgotchian’s wishes. We reverse, holding that triable issues of fact exist and no immunity applies to Slender’s actions.

FACTS AND PROCEDURAL BACKGROUND

Slender’s Summary Judgment Motion

On December 21, 2005, Jamgotchian filed a complaint against Slender and Mark Glatt, JKG’s trainer, for trespass to chattels and injunctive relief based on allegations that they raced JKG against his express instructions. An amended complaint was filed on January 30, 2006. On September 14, 2006, Slender filed a motion for summary judgment on the grounds that Jamgotchian could not establish the elements of trespass to chattels and Slender had immunity under Government Code section 820.2. On November…