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4854 Although racing stewards have considerable discretion, the regulations from which they derive authority do not authorize them to prevent the owner of a horse from maintaining possession and control of the animal, so if a trier of fact were to find that a steward prevented plaintiff from removing his horse from the track, or caused it to be raced against the owner's wishes, the act of doing so would not be an exercise of discretion vested in the steward and would not be protected by immunity under Government Code section 820.2; if, in addition, the trier of fact found that the horse was injured in the race and would not have been injured had it not raced, the steward could be liable for trespass to chattel.CitationJAMGOTCHIAN v SLENDER (Racing Steward) 170 CA4 1384 [See: GovC 820.2; Caldwell v Montoya 10 C4 972, T/AT 9/95; Barner v Leeds 24 C4 676, T/AT 1/01; Thrifty-Tel v Bezenek 46 CA4 1559, T/AT 8/96]
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