Sports dad’s libel suit against Pilot tossed

Deepa Bharath

A Superior Court judge on Wednesday threw out a lawsuit filed by the

father of a former Corona del Mar High pitcher against the Daily

Pilot and its sports editor, accusing the paper of publishing

libelous remarks about his son.

The lawsuit, brought by Newport Beach doctor Marc Martinez,

alleged that his son, J.D. Martinez, was subjected to public

humiliation and ridicule in a December 2001 story and accused Sea

Kings coach John Emme of slander, stating that he made false and

derogatory statements about the 6-foot-3 right-hander.

Judge Kim Dunning, who dismissed Marc Martinez’s claim against the

Daily Pilot and Sports Editor Richard Dunn on Wednesday, also

dismissed his claim against Emme on April 9. On Wednesday, Dunning

also ordered Marc Martinez to pay Emme about $9,300 -- money the

coach had spent in attorney’s fees.

Susan Seager, attorney for the Daily Pilot and Dunn, said she

expected the judge to grant the paper’s motion to strike Marc

Martinez’s libel claim.

“Under California law, newspapers are protected when they write

about lawsuits,” she said. “If it’s a fair and true report, it’s

protected.”

The web of lawsuits that have been spun back and forth between

coach and parent began in July 2001 when Marc Martinez filed the suit

alleging that Emme hurt his son’s chances for college recruitment

after a disagreement over pitching counts. The complaint said the

coach made J.D. Martinez pitch too many innings, damaging his arm.

That lawsuit was thrown out of court in September.

In addition to the two lawsuits, Emme, in January, filed a

$1-million malicious prosecution suit against Marc Martinez, claiming

the coach’s reputation had been damaged.

Marc Martinez said Wednesday that he will appeal the rulings in

favor of Emme and the Daily Pilot.

“The coach thinks he can get away with what he did to my son,” he

said. “That’s not going to happen. I hope to hold him accountable for

what he did.”

Marc Martinez said that local parents are increasingly supporting

him.

“Initially, when people heard about the lawsuit, they supported

Emme,” he said. “Now, things seem to have changed. I think coach Emme

has changed the way he treats the pitchers.”

Marc Martinez said his son, a 19-year-old freshman at the

University of San Diego, was “upset that he’s not able to play

baseball.”

“He’s played baseball since he was 5 years old,” he said. “But

he’s moved on now. He’s not worried about it.”

Emme said he is disappointed that Marc Martinez plans to appeal

the judge’s verdict.

“At this point, nothing is a shock to me,” he said. “But when you

have something this big looming over your head, it does have an

effect on you. And just when you think it’s gone, it comes right back

at you.”

Emme said such lawsuits are not good for high school sports.

“A lot of good people are not going to coach if this happens,” he

said.

The court battles between Emme and Marc Martinez have grabbed

national attention. The issue has been featured on HBO’s “Real Sports

with Bryant Gumbel,” CNN and Fox News. Emme’s attorney, David Shores,

said he has also been approached by NBC’s “Today Show,” CBS and

“20/20.”

Marc Martinez said he did not expect his actions would draw as

much publicity.

“I don’t know why there is so much attention given to this,” he

said.

Emme said he had a feeling it would get some attention, but not

“so much.”

“But what it’s done is just made me more determined to fight this

thing,” he said.

Dana McCune, attorney for the Newport-Mesa Unified School

District, said both lawsuits brought by Marc Martinez “were

ridiculous.”

“An appeal is even more ludicrous,” he added. “All cost taxpayers

and the school money. That doesn’t seem to concern him.”

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at deepa.bharath@latimes.com.