SAN DIEGO — Attorneys for Donald Trump and a Southern California yoga instructor dueled in court Friday over whether the yoga instructor should be allowed to withdraw from a federal class-action lawsuit that says Trump University fleeced students with unfilled promises to teach secrets of success in real estate.
After about an hour of arguments, U.S. District Judge Gonzalo Curiel said he would rule in about a week. If Tarla Makaeff is allowed to withdraw, three plaintiffs would remain in the six-year-old case as it nears trial.
Makaeff, who didn’t appear at the hearing, has suffered health problems that were not disclosed in court or to Trump’s attorneys. Rachel Jensen, one of her attorneys, noted that Makaeff has been derided during the presidential campaign.
“I don’t think anyone could have anticipated a year ago where we would find ourselves,” Jensen said.
Daniel Petrocelli, an attorney for Trump, said Makaeff was the centerpiece of his trial strategy and that he would have to completely overhaul his approach if she withdrew. Makaeff, who was deposed four times for a total of nearly 16 hours, made statements that “not only undermine but refute the basic claims in the case,” he said.
The skirmish in one of three lawsuits against Trump University came as the stage was being set for trial, possibly in August. A trial date has not been set, but a final pretrial conference is scheduled for May 6 and Trump appears on a list of defense witnesses who may testify.
On Friday, the judge asked both sides about the wisdom of holding a trial between the Republican convention and the general election. Petrocelli said he would oppose an August trial if Trump is the party nominee, while Jason Forge, an attorney for the plaintiffs, suggested a June date.
“This will be a zoo if it were to go to trial,” said Petrocelli, who worked on the wrongful-death civil suit against O. J. Simpson and the criminal case against Enron executive Jeffrey Skilling.
The lawsuit says Trump University, which no longer operates and wasn’t accredited, gave seminars and classes that were like infomericals, constantly pressuring students to buy more and failing on its promise to teach them success in real estate.
Trump has repeatedly pointed to a 98 percent satisfaction rate on internal surveys.
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