Dan Nesovic could find out in May whether he’ll have access to financial records of the Grossmont High School baseball program, which he suspects was a victim of embezzlement.
The case also may decide whether he’ll be able to collect at least $25,000 from opposing parties to cover attorney fees.
Friday morning in a downtown San Diego courtroom, Superior Court Judge John Meyer told lawyers for Nesovic, the Grossmont Union High School District and Blue & Gold Baseball Inc. that he’ll hear arguments at 10:30 a.m. May 3—a Friday.
That’s two weeks short of a year since Grossmont High baseball coach Jim Earley suddenly resigned after losing his last 20 games.
Case documents sought a nonjury trial [see attached], but Nesovic lawyer Patty Lewis said outside court Friday that the judge will consider whether to issue an injunction ordering release of the financial documents.
At issue is whether Blue & Gold Baseball of Alpine is a Grossmont High School booster club or a separate nonprofit organization not subject to the state Public Records Act.
Nesovic, father of former Foothiller baseball and basketball star Robby Nesovic, contends that under state law the school must disclose financial records for Blue & Gold, especially the receipts from the concession stand at Grossmont’s baseball field.
Nesovic suspects that Earley skimmed the receipts. Earley, 40 at the time, said he resigned to spend more time with his family and two young children.
Nesovic told Patch last year that the team mom, later identified as Tomi Griffiths of La Mesa, kept records of snack bar receipts as well as sales of Grossmont gear such as T-shirts and caps.
“She has proof that money has not been put in the ASB account where it should be,” Nesovic said a year ago. “She would never give me any numbers. And she said she was afraid she would be liable for this.”
At Friday’s conference—which took less than 2 minutes—Patty Lewis stood with GUHSD attorney William Shinoff of San Diego and Paul Lewis (no relation to Patty), representing Blue & Gold Baseball.
Patty Lewis declined to be interviewed but said the judge would be asked for an injunction ordering release of the Grossmont High School financial records.
The other attorneys said the judge would decide who should pay attorney fees, depending on the outcome of his decision.