Trump University Seeks to Limit Evidence Presented at Class Action Trial

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As next month’s trial approaches in a Trump University class action lawsuit, the school’s attorneys are trying to limit the evidence presented.

In one of several pretrial evidentiary motions, attorneys for Trump University are seeking to block plaintiffs from presenting evidence related to the bankruptcy proceedings of certain former Trump University instructors.

The for-profit school argues the bankruptcy records are irrelevant and that they would only stoke prejudice against the school.

Trump himself and what’s left of his notorious real estate training seminar program have recently been the target of this and other Trump University class action lawsuits.

Generally, plaintiffs take the school to task under various allegations of false advertising. Plaintiffs say they were misled as to the nature of the instructors, the quality of the instruction, and their odds of real estate success after completing the program.

In their false advertising claims, plaintiff Sonny Low and others are challenging representations that Trump University falsely represented itself as an “accredited university” and deceptively told students they would be taught by experts who were handpicked by Donald Trump.

Trump University argues the contested bankruptcy documents should be excluded because the former instructors’ bankruptcies have nothing to do with the issues in the Trump University class action lawsuit. The school says the evidence in question would be irrelevant and unduly prejudicial, and that it should therefore be excluded from trial.

As Trump’s attorneys put it, plaintiffs argue that whether a given instructor filed for bankruptcy would have bearing on the question of whether that instructor had been handpicked by Donald Trump – because, despite Trump’s own history of multiple bankruptcy proceedings, he presumably would not handpick and instructor who had gone through bankruptcy.

Trump University counters that the experience of bankruptcy gives the instructors a personal “bootstraps” story that is both compelling and motivating.

The school has also filed several other motions to exclude evidence related to many of Trump’s more attention-getting acts and statements made in the course of his current presidential campaign. The school wants to exclude social media messaging, campaign ads, and accusations about Trump’s personal conduct.

Low’s claim is similar to that of another unsatisfied Trump University customer who is also suing in a California federal court.

In that case, plaintiff Art Cohen claims Trump himself overstated the value of Trump University courses by saying he could turn anyone into a successful real estate investor. Cohen is raising a single claim under the Racketeer Influenced and Corrupt Organizations Act.

Both Cohen’s and Low’s claims are pending before U.S. District Judge Gonzalo P. Curiel. Trump drew attention earlier this year by publicly suggesting that Judge Curiel, despite being a U.S. citizen born in Indiana, would be prejudiced against Trump because of his Mexican ancestry.

Low and the plaintiff Class are represented by attorneys X. Jay Alvarez, Brian E. Cochran, Patrick Coughlin, Jason A. Forge, Rachel L. Jensen, Daniel J. Pfefferbaum, and Jeffrey J. Stein of Robbins Geller Rudman & Dowd LLP and Amber L. Eck and Aaron M. Olsen of Zeldes Haeggquist & Eck LLP.

The Trump University False Advertising Class Action Lawsuit is Low v. Trump University LLC, et al., Case No. 3:10-cv-00940, in the U.S. District Court for the Southern District of California.

UPDATE: On Nov. 14, 2016, consumers pursuing a class action lawsuit over the alleged fraudulent Trump University real estate program urged a California federal judge to proceed with the trial scheduled to begin later this month, opposing claims that forcing the president-elect to stand trial at this time would hamper “imperative transition work.”

UPDATE 2: On Nov. 18, 2016, President-elect Donald Trump has agreed to pay $25 million to settle two federal class action lawsuits over the now-defunct Trump University real estate seminar program, according to the New York Attorney General’s office.

UPDATE 3: The Trump University Live Events class action settlement is now open! Click here to file a claim.

UPDATE 4: On March 31, 2017, a federal judge signed off on a class action settlement against Trump University, finding that the parties arrived at an agreement that was “fair, reasonable, and adequate.”

UPDATE 5: On Feb. 6, 2018, the 9th U.S. Circuit Court of Appeals rejected a challenge to the $25 million Trump University class action settlement, which means that eligible Class Members who filed timely and valid claims are one step closer to receiving payment.