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SANTA ANA — A request for a temporary restraining order by Crean Lutheran football player Jacob Maiava to restore his CIF eligibility was denied Monday in Orange County Superior Court.
After a brief hearing, Judge David Hoffer denied the request against the CIF State and CIF Southern Section “without prejudice” because he said “administrative remedies” such as Maiava’s pending appeal with CIF officials have not been “exhausted.”
CIF State attorney Diane Marshall-Freeman, who appeared at the hearing via video, stated that the decision in Maiava’s appeal of his denied transfer eligibility case is due “on or before” Oct. 4. She added that the deadline for the decision is following the same calendar — a maximum of 15 business days — for all appeals.
Hoffer expressed concern about making a ruling before the results of the appeal are known but left open the possibility that Maiava and his attorney could file another request for a temporary restraining order.
The schedule for Crean Lutheran’s next football game was discussed at the hearing. The Saints have a bye this week and next play Oct. 4 against visiting Foothill in the teams’ Epsilon League opener.
“(Hoffer) is very cautious in allowing the CIF to do the right thing … because we have the luxury of the bye week,” said Michael Caspino, the attorney representing Maiava. “Otherwise, we’ll be back (in court). Absolutely. Right away. The problem is, is CIF going hand us that ruling at 4:59 (p.m.) on the day of the game?”
Maiava, who transferred to Crean Lutheran from Santa Margarita in the offseason, had what the CIF Southern Section called in court documents an “expedited appeal hearing” on Sept. 12. The All-County offensive lineman is appealing a ruling by the section that makes his him ineligible this season due to pre-enrollment contact between him and Crean Lutheran assistant coach Ryan Porter “prior to the enrollment” at Crean Lutheran.
Porter coaches quarterbacks at Crean Lutheran.
The section, according to court documents, also stated that it found evidence Maiava’s transfer was “athletically motivated.”
The senior, who is committed to SMU, stated in his court filing that he departed Santa Margarita for academic reasons.
Southern Section attorney Ronald Scholar didn’t hold back his thoughts on the court case in a filing before Monday’s hearing.
“On his third school transfer in as many years and looking to cut to the front of the line ahead of his fellow students,” Scholar wrote, “injunctive relief should be denied.” He then cited the pending appeal and the schedule of Crean Lutheran’s next football game among reasons.
Maiava, who is 6-foot-2 and 290 pounds, played at Liberty of Nevada before transferring to Santa Margarita. He earned second-team All-County honors last season for the Eagles.
