White Abarrio Owners Sue Breeders' Cup, CHRB, and Del Mar Over Dirt Mile Scratch

Lawsuit alleges intentional interference, negligence, and breach of contract over last year's late-notice exclusion from the race.

Apr. 14, 2026 at 10:23pm

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A cubist, geometric painting depicting the fractured motion and energy of a horse race, with overlapping planes of color and form but no recognizable figures or details.The legal battle over the late scratch of White Abarrio from the 2025 Breeders' Cup Dirt Mile exposes the complex regulatory landscape of thoroughbred racing.Del Mar Today

The owners of the racehorse White Abarrio have filed a lawsuit in a California Superior Court against the Breeders' Cup, the California Horse Racing Board (CHRB), and the Del Mar Thoroughbred Club. The suit alleges that the defendants engaged in intentional interference, negligence, and breach of contract over the late-notice scratch of White Abarrio from the 2025 Breeders' Cup Dirt Mile at Del Mar.

Why it matters

This lawsuit represents a high-profile legal challenge to the decision-making and procedures of some of the most powerful organizations in thoroughbred racing. The outcome could set precedents around the rights of owners and the responsibilities of racing regulators and event organizers.

The details

According to the lawsuit, the on-track veterinarian at Del Mar raised concerns about potential lameness in White Abarrio's left front leg just minutes before the Dirt Mile race. Based on the vet's advice, the stewards made the decision to scratch the horse. The owners, Gary Barber and C2 Racing Stable, allege that this last-minute exclusion deprived them of the opportunity to compete and earn prize money in the lucrative Breeders' Cup event.

  • The 2025 Breeders' Cup Dirt Mile took place at Del Mar on November 4, 2025.
  • White Abarrio was scratched from the race just minutes before the scheduled post time.

The players

Gary Barber

Co-owner of the racehorse White Abarrio and one of the plaintiffs in the lawsuit.

C2 Racing Stable

Co-owner of the racehorse White Abarrio and one of the plaintiffs in the lawsuit.

Breeders' Cup Limited

The organization that operates the annual Breeders' Cup championship event and is one of the defendants in the lawsuit.

California Horse Racing Board (CHRB)

The state regulatory body for thoroughbred racing in California and one of the defendants in the lawsuit.

Del Mar Thoroughbred Club

The racetrack that hosted the 2025 Breeders' Cup event and is one of the defendants in the lawsuit.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident

What’s next

The lawsuit is currently making its way through the California court system, and the judge will need to decide whether to allow the case to proceed.

The takeaway

This high-profile legal battle highlights the complex web of regulations, responsibilities, and potential conflicts of interest that exist within the thoroughbred racing industry. The outcome could have significant implications for how racing organizations handle late-notice scratches and exclusions from major events.