Ohtani’s lawyers move to dismiss real estate suit
HONOLULU — Los Angeles Dodgers star Shohei Ohtani and his agent, Nez Balelo, moved to dismiss a lawsuit filed last month accusing them of causing a Hawaii real estate investor and broker to be fired from a $240 million luxury housing development on the Big Island’s Hapuna Coast.
Ohtani and Balelo were sued Aug. 8 in Hawaii Circuit Court for the First Circuit by developer Kevin J. Hayes Sr. and real estate broker Tomoko Matsumoto, West Point Investment Corp. and Hapuna Estates Property Owners, who accused them of “abuse of power” that allegedly resulted in tortious interference and unjust enrichment.
Hayes and Matsumoto had been dropped from the development deal by Kingsbarn Realty Capital, the joint venture’s majority owner.
In papers filed Sunday, lawyers for Ohtani and Balelo said Hayes and Matsumoto in 2023 acquired rights for a joint venture in which they owned a minority percentage to use Ohtani’s name, image and likeness under an endorsement agreement to market the venture’s real estate development at the Mauna Kea Resort. The lawyers said Ohtani was a “victim of NIL violations.”
“Unbeknownst to Ohtani and his agent Nez Balelo, plaintiffs exploited Ohtani’s name and photograph to drum up traffic to a website that marketed plaintiffs’ own side project development,” the lawyers wrote. “They engaged in this self-dealing without authorization, and without paying Ohtani for that use, in a selfish and wrongful effort to take advantage of their proximity to the most famous baseball player in the world.”
The lawyers claimed Hayes and Matsumoto sued after “Balelo did his job and protected his client by expressing justifiable concern about this misuse and threatening to take legal action against this clear misappropriation.” They called Balelo’s actions “clearly protected speech “
In a statement issued after the suit was filed last month, Kingsbarn called the allegations “completely frivolous and without merit.”
Ohtani is a three-time MVP on the defending World Series champion Los Angeles Dodgers.
“Nez Balelo has always prioritized Shohei Ohtani’s best interests, including protecting his name, image, and likeness from unauthorized use,” a lawyer for Ohtani and Balelo, said in a statement. “This frivolous lawsuit is a desperate attempt by plaintiffs to distract from their myriad of failures and blatant misappropriation of Mr. Ohtani’s rights.”
Lawyers for Hayes and Matsumoto did not immediately respond to a request for comment.
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Alden Gonzalez
The San Francisco Giants, suddenly back in the playoff race with two weeks remaining in the regular season, called up their top prospect Bryce Eldridge, the team announced Monday.
Eldridge, a 20-year-old first baseman who was No. 29 in the latest prospect rankings by ESPN’s Kiley McDaniel, will seemingly fill the role vacated by fellow left-handed hitter Dominic Smith, who went on the injured list because of a hamstring strain over the weekend.
The 16th pick out of high school in 2023, Eldridge surged in Double-A at the start of the season and was slashing .249/.322/.514 with 18 homers, 88 strikeouts and 28 walks for the Giants’ Triple-A affiliate. His strikeout rate remained high of late, but his production improved over these past 17 games, during which he boasted a .294 batting average with 10 extra-base hits.
The Giants were using Rafael Devers at first base and designated hitter, with Smith and the right-handed-hitting Wilmer Flores essentially platooning at the other spot. Eldridge will be playoff eligible.
After acquiring Devers in the middle of June, the Giants went 13-22 heading into the trade deadline at the end of July, prompting the front office to deal veteran players. As of Aug. 22, the Giants were seven games below .500 and 7½ games out of the final National League wild-card spot, but they have since won 14 of 20 games and trail the slumping New York Mets by only 1½ games with 13 remaining.
PITTSBURGH — The Chicago Cubs activated right-hander Michael Soroka from the 15-day injured list before Monday night’s game against Pittsburgh.
Soroka will be used as a reliever. The Cubs acquired Soroka from Washington at the trade deadline and planned to use him as a starter.
However, Soroka pitched just two innings in his Cubs debut against Cincinnati on Aug. 4 and left because of a right shoulder strain. Soroka made a rehab appearance with Triple-A Iowa and allowed one run in 2⅓ innings.
Soroka is 3-8 this season with a 4.86 ERA in 17 starts.
Right-hander Ben Brown was optioned to Iowa in a corresponding move. He is 5-8 with a 5.92 ERA in 25 games, including 15 starts.
Cubs closer Daniel Palencia threw off the mound for the first time since going on the IL on Sept. 8 because of a right shoulder strain. He has converted 22 of 25 save opportunities and has a 3.00 ERA in 52 games.
Designated hitter Seiya Suzuki was not in the lineup Monday because of bronchitis.
The Cubs hold the first wild-card position in the National League.
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