Judge Weighs Woman’s Request to Quit Trump University Suit

SAN DIEGO— Tarla Makaeff has fought Donald Trump in court for six years. Now, as the Republican presidential front-runner and his lawyers try to portray the Southern California yoga instructor as the face of a federal class-action lawsuit against Tru...
Judge Weighs Woman’s Request to Quit Trump University Suit
FILE- In this May 23, 2005, file photo, real estate mogul and Reality TV star Donald Trump, left, listens as Michael Sexton introduces him at a news conference in New York where he announced the establishment of Trump University. Tarla Makaeff a yoga instructor, has had enough of Trump after six years fighting him in court. Makaeff, wants to withdraw from a federal class-action lawsuit that claims Trump University fleeced students with an empty promise to teach them real estate. (AP Photo/Bebeto Matthews, File)
The Associated Press
3/11/2016
Updated:
3/11/2016

SAN DIEGO—Tarla Makaeff has fought Donald Trump in court for six years. Now, as the Republican presidential front-runner and his lawyers try to portray the Southern California yoga instructor as the face of a federal class-action lawsuit against Trump University, she wants out.

On Friday, U.S. District Judge Gonzalo Curiel will consider Makaeff’s request to withdraw from a lawsuit that says Trump University seminars and instruction fleeced students with unfilled promises to teach the secrets of real estate success. Her attorneys say Trump and his lawyers have put her “through the wringer.”

Trump called her a “horrible, horrible witness” at a rally in Arkansas last month. On social media this week, his one-word characterization of her request to withdraw — “Disgraceful!” — was retweeted more than 3,200 times.

Trump’s attorneys say the lawsuit should be dismissed if Makaeff is allowed to withdraw, arguing that their trial strategy centers on her. They identify her as “the critical witness.”

In this April 14, 2008, file photo, Tarla Makaeff poses in her home in Irvine, Calif. (Nick Koon/Orange County Register via AP, File) MAGS OUT; LOS ANGELES TIMES OUT
In this April 14, 2008, file photo, Tarla Makaeff poses in her home in Irvine, Calif. (Nick Koon/Orange County Register via AP, File) MAGS OUT; LOS ANGELES TIMES OUT

Makaeff’s attorneys say Trump’s argument that their client is indispensable to the billionaire’s defense “is illogical to the point of being nearly incomprehensible.” They note the judge allowed two plaintiffs to withdraw last year; three others would remain.

Makaeff didn’t imagine she would be subjected to criticism under the glare of a presidential campaign, her attorneys say. She has been deposed for a total of nearly 16 hours and suffered anxiety about finances after Trump sued her for defamation, seeking $1 million.

Makaeff eventually prevailed on the defamation claim, and a judge ordered Trump last year to pay $798,779 in her legal fees.

The skirmish in one of three lawsuits against Trump University comes as the case nears trial, possibly this summer. 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 at the trial.

Makaeff attended a three-day “Fast Track to Foreclosure” workshop for $1,495 in 2008 and later enrolled in the “Trump Gold Elite” program for $34,995, spending a total of about $60,000 on seminars in a year, her attorneys say. In April 2010, she sued in San Diego federal court.

Trump’s attorneys wrote that Makaeff gave the instruction high marks in surveys and “simply did not put in the time, work, and perseverance necessary to achieve success.”

Makaeff’s attorneys say the yoga instructor was unaware of Trump’s “false advertising” when she completed the surveys and didn’t want to risk alienating anyone who might advance her career.

The 9th U.S. Circuit Court of Appeals sided with Makaeff on the surveys when considering Trump’s defamation claim in 2013, saying, “As the recent Ponzi-scheme scandals involving onetime financial luminaries like Bernard Madoff and Allen Stanford demonstrate, victims of con artists often sing the praises of their victimizers until the moment they realize they have been fleeced.”

Reminded of the Madoff comparison during a recent debate, Trump said, “Give me a break. You know what? Let’s see what happens in court.”