Tarla Makaeff has had enough of Donald Trump after spending six years fighting him in court.
The Southern California yoga instructor wants to withdraw from a federal class-action lawsuit that says Trump University fleeced students with an empty promise to teach them real estate. Her lawyers said the Republican presidential front-runner and his team have put her “through the wringer” and made the prospect of a trial unbearable. A judge will consider the request Friday, four days before Florida and Ohio hold their primaries.
Trump’s attorneys say the lawsuit should be dismissed if Makaeff is allowed to withdraw, arguing that their trial strategy centers on her. They deposed her four times and identify her as “the critical witness” in a court filing.
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.
The tussle 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 trial.
The lawsuit has figured prominently in the presidential campaign, fueled by legal filings and Trump’s statements. In depositions that took place in December and January and were released last week, Trump acknowledged that he never met instructors whom his marketing described as hand-picked, and that some unqualified candidates had “slipped through the cracks.”
The Better Business Bureau said Tuesday that it rated Trump University a D- in 2010, which improved to A+ by January 2015 as the business appeared to wind down and older complaints automatically rolled off its books.
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 sued for defamation, seeking $1 million. Makaeff prevailed on appeal, and a judge last year ordered Trump to pay $798,779 in her legal fees.
Trump and his attorneys are trying to frame much of their case around Makaeff, saying she gave instructors high marks in surveys after the courses.
“The reason they want her out of the case is she is a horrible, horrible witness. She’s got in writing that she loves it. And I could have settled it and when I saw her documentation … Why would I give her money? Probably should have settled it, but I just can’t do that. Mentally I can’t do it. I’d rather spend a lot more money and fight it,” Trump said at a rally in Arkansas last month, according to a transcript.
In last week’s Republican debate, Trump said Makaeff wants to withdraw “because it’s so bad for her.”
“She simply did not put in the time, work, and perseverance necessary to achieve success,” Trump’s lawyers wrote the judge last month.
Makaeff’s attorneys say the yoga instructor was unaware of Trump’s “false advertising” when she filled out the surveys and didn’t want to risk alienating anyone who might advance her career.
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 while Trump sued her for defamation.
“Understandably, Makaeff wants her life back without living in fear of being disparaged by Trump on national television,” they wrote in a court filing last week.
Makaeff declined to comment through an attorney. In a statement to the court, she said she was grieving her mother’s death.
“I am very concerned about the toll that the trial would take on my emotional and physical health and well-being,” she wrote.
Trump has also addressed criticism of the lawsuit by pointing to the judge’s ethnic background. Asked on “Fox News Sunday” last month what U.S. District Judge Gonzalo Curiel’s ethnicity has to do with the case, Trump replied: “I think it has to do perhaps with the fact that I’m very, very strong on the border, very, very strong at the border, and he has been extremely hostile to me.”
Curiel, who was nominated by President Barack Obama and joined the bench in 2012, declined to comment on Trump’s remarks.
The Associated Press contributed to this article.
Julie says
Why not sue every University that “sites” that having a degree will let the student earn more in the working world!!! This is the most untrue statement of the century! The Universities are in with big government. Most degrees mean nothing…….doesn’t mean you’re smarter or more teachable, etc. However…….every corporation and big business is requiring a “degree” and causing the student loan crisis to soar since most degreed students cannot find a good paying job, if they find a job at all. It’s the biggest racket yet!!!!!!!!!!
Redfray says
How true Julie
EVA says
Absolutely true.
Imagine every college or university being sued because the student couldn’t find a job in their major. Take the communications major for example (whatever that means), does that mean that every student who graduates with that major will get a job in media, television or film? Ridiculous.
Realtor1 says
Just because you go to a university does not make you successful. You have to be willing to go out and put forth the effort. She decided to sue and get money the easy way!
Ron says
The difference is, that there are Universities, and there are Scam Universities, like TRUMP UNIVERSITY.
EVA says
Most universities except for a few including Ivy League schools are Nothing more than a 13th grade. They take anyone just to get the student loan money.
Bill says
As with any type of educational experience, some people study and work harder then their counterparts. If you have the knowledge and apply yourself you have a better chance of succeeding, if you don’t, then your chances are diminished greatly.
If these people took the classes and didn’t apply what they learned, then they should not expect anything in return.
Most small businesses fail because of the persons not wanting to work the 20 hours a day required to succeed. This situation is no different. They think the education or having the knowledge is a solve all, it isn’t. It’s application and hard work.
Dorothy says
Any college or university can teach you the basics, then it’s up to you to use them. In any profession the person’s drive is the key to success!!!!!!!!
Justin W says
We’ve seen how Donald Trump has interacted with Republican challengers in the primary. He seems willing to do the same against those unhappy with their “education” from Trump University. Just because Mr. Trump is able to bully people into silence doesn’t mean that their complaints lack merit. From what I’ve read Trump University sounds more like a get rich quick scheme for Donald Trump than a legitimate educational institution.
Donald Trump and his cohorts took advantage of people who trusted his name. He took advantage of people who wanted to gain skills needed to be productive members of society. If Donald Trump was willing to take advantage of people through this sham school what will he do to America if he is elected president? Will Donald Trump foist a series of scams onto our nation to enrich himself while destroying the country? Trump University says a lot about the man whose name is on the door. Mr. Trump, how will the quality of service you give the nation as president differ from the quality of service you delivered to students at your university?
Roger says
You so do not know Mr. Trump! Educate yourself by hearing those that know the man. Be careful of stones that you throw!
Saty says
How can Trump call it a University?
Is it legal to open a business and name it a University? There should be some regulations.
Many vulnerable people can be duped by this name as a University. There should be a law against this false statement.
There should be requirements and accredited credit standards to open a University. It appears any scam artist can open a fake university.
Parker says
Do your research please. Trump with through many legal avenues to obtain the LEGAL documentation that was required to operate the University. He is a Republican Candidate running for POTUS going before a liberal (Hispanic) Judge appointed by Obama. Am I the only one who smells a dead fish here ???
bill says
Well, we know that judges are not corrupt. That’s a fact.
Pat says
That is not a true statement , Bill! There are quite a few judges that make bad decisions
Constitutionalist says
Pat-
i’m thinkin’ he was being facetious.
Since prosecutors and judges are paid by the same people, and often have ex-parte meetings concerning pending cases, there’s a MAJOR conflict of interest right there, alone! After all, judges are required to be “impartial triers of fact,” yet USUALLY come into a case having been prejudicially influenced by the prosecutor.
Kim says
This was not a college, nor were college credit courses or “degrees” offered. The attendees knew they were simply purchasing a seat in a 3 day “workshop” or right to attend “seminars”. The public should not be comparing this to University courses, not that they guarantee you’ll make money either. These were skill and motivation enhancing events, similar to many others out there that zillions of people, including majority of aspiring Realtors pay for to be inspired in the real estate industry & improve their people skills, and time management for success. The person has to then personally put the work in to hone the skills, gather the means & seek out opportunities to put all that to work. “You can lead a horse to water, but you can’t make it drink.” You can share wisdom, but can’t control what or how the student listens & absorbs information, nor control their use or disuse or acts. Obviously, no one expects to walk out of a seminar instantly rich or with a done “deal” handed you on a silver platter simply by attending. The lawsuit seems malicious. I would think Tony Robbins and other big pull motivational speakers in the industry would be filing friend of the court briefs against such nonsense that attendance should guarantee you success. Even the Wizzard of OZ can’t do that.
Kim says
The master parent company name for these workshops and seminars was later changed to delete “University”. Outsiders point to “University” as misleading, and superficially it was, but everyone who bought a seat at a workshop or seminars knew exactly what the event they paid to attend covered and that no college credits were offered for attending. No one thought they were paying College tuition or expected to earn credits towards a “degree” by attending. So the actual consumers were not mislead. They were given info before hand on what “the 3 day event ” or whatever seminar they signed up for covered. You gotta laugh at notion anyone would presume it was possible to earn a “degree” and further be guaranteed wealth by attending a 3 day event. And duh if you subsequently signed up for private tutoring/ mentoring, obviously you knew your brain and being needed one on one HELP. Mentors can only help those truly interested, willing and able. Something not realistic and alterior motivated that one girl to pay for mentoring in subject she had no desire or aptitude for. Her parents probably paid hoping to motivate her and provide means… but she preferred to pursue yoga and no doubt that path inspires her and suits her. No wrong there, but to turn around and sue cuz you of your own free will, paid for events that didn’t interest you get go….she’s the fraud looking to deep pockets to save her from effort of contemplating putting in effort to honestly learn and earn. This is the lazy feeling entitled. They hire corrupt contingency lawyers to steal from those who worked their brain and body, so they don’t have to think or do. America is being crippled by lazy free-bee seekers and their free bee lawyers.No different than illegals crossing border to give birth for sole purpose of saddling US with feeding and health care of babies born to non- productive, non-tax paying adversary disloyals. Us kids slighted,now in fray for handouts. Bad downward spiral. Our Nation excluded ours in handouts, talk about inequality…our white native kids are excluded from services that they can’t but understand give free-bees to foreign, and if they, real US, need help, their parents are scrutinized and they are ultimately told “sorry” you are legit, this program serves “wanna- bes” in other words funds have to be spent on illegals.