Coach’s countersuit vs. parent goes to court

Marisa O’Neil

The legal battle between a high school coach and the parent of one of

his former pitchers is on its third lawsuit, with the coach hoping

for a called strike in his favor.

Testimony continues today in Orange County Superior Court in a $1

million, malicious-prosecution lawsuit filed by Corona del Mar High

School baseball coach John Emme against Marc Martinez, father of

former student J.D. Martinez.

Martinez had filed two lawsuits against Emme, one in 2001 and

another in 2002, alleging that the coach hurt his son’s chances at a

college baseball scholarship.

Martinez’s second lawsuit also named the Daily Pilot, which had

reported the first suit.

Both lawsuits were ultimately dismissed.

Now Emme is countersuing the Newport Beach doctor, alleging that

his reputation has been damaged by the previous suits, which

generated national news coverage.

“This time ... we have a high school coach finally saying ‘Enough

is enough,’ and seeking redress ...” court documents filed by Emme’s

attorneys stated.

Attorneys for both sides declined comment, citing a court order

against speaking with the media.

Martinez filed the first lawsuit in 2001, shortly after pulling

his son off the team.

Martinez alleged that Emme was requiring J.D., a varsity pitcher

his sophomore and junior years, to throw too many pitches, causing

damage to his arm. The suit also claimed that the coach had made

derogatory comments about J.D.’s pitching ability to potential

college coaches.

In his junior year, J.D. had a 4-7 record and was more suited to

throwing off-speed pitches than fastballs, Emme stated in court

documents.

“J.D. was an outstanding young man when he played for me but had

only average ability as a high school pitcher,” Emme said.

After that suit was thrown out, Martinez filed the second suit,

against Emme and the Daily Pilot. That was thrown out in 2003, and an

Orange Superior Court judge ordered Martinez to pay legal fees to

Emme and the Daily Pilot.

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

Martinez told the Daily Pilot in May. “That’s not going to happen. I

hope to hold him accountable for what he did.”

He filed an appeal, which was dismissed in September.

Emme filed his countersuit in January 2004. Testimony in the case

started Thursday and is expected to continue today.

J.D. Martinez, meanwhile, entered the University of San Diego as a

19-year-old freshman in 2003. J.D. Martinez was upset, his father

told the Daily Pilot at the time, that he wasn’t able to play

baseball.

“He’s played baseball since he was 5 years old,” Marc Martinez

said. “But he’s moved on now. He’s not worried about it.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618 or by e-mail at [email protected].