Ohtani's lawyers say he was victim of likeness misuse in real estate deal, move to dismiss lawsuit

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HONOLULU (AP) — Los Angeles Dodgers star Shohei Ohtani and his agent, Nez Balelo, moved to dismiss a lawsuit filed last month accusing them of causing a Hawaii real estate investor and broker to be fired from a $240 million luxury housing development on the Big Island’s Hapuna Coast.

Ohtani and Balelo were sued Aug. 8 in Hawaii Circuit Court for the First Circuit by developer Kevin J. Hayes Sr. and real estate broker Tomoko Matsumoto, West Point Investment Corp. and Hapuna Estates Property Owners, who accused them of “abuse of power” that allegedly resulted in tortious interference and unjust enrichment.

Hayes and Matsumoto had been dropped from the development deal by Kingsbarn Realty Capital, the joint venture’s majority owner.

In papers filed Sunday, lawyers for Ohtani and Balelo said Hayes and Matsumoto in 2023 acquired rights for a joint venture in which they owned a minority percentage to use Ohtani's name, image and likeness under an endorsement agreement to market the venture's real estate development at the Mauna Kea Resort. The lawyers said Ohtani was a “victim of NIL violations.”

“Unbeknownst to Ohtani and his agent Nez Balelo, plaintiffs exploited Ohtani’s name and photograph to drum up traffic to a website that marketed plaintiffs’ own side project development,” the lawyers wrote. “They engaged in this self-dealing without authorization, and without paying Ohtani for that use, in a selfish and wrongful effort to take advantage of their proximity to the most famous baseball player in the world.”

The lawyers claimed Hayes and Matsumoto sued after “Balelo did his job and protected his client by expressing justifiable concern about this misuse and threatening to take legal action against this clear misappropriation.” They called Balelo's actions "clearly protected speech “

In a statement issued after the suit was filed last month, Kingsbarn called the allegations “completely frivolous and without merit.”

Ohtani is a three-time MVP on the defending World Series champion Los Angeles Dodgers.

“Nez Balelo has always prioritized Shohei Ohtani’s best interests, including protecting his name, image, and likeness from unauthorized use," a lawyer for Ohtani and Balelo, said in a statement. "This frivolous lawsuit is a desperate attempt by plaintiffs to distract from their myriad of failures and blatant misappropriation of Mr. Ohtani’s rights.”

Lawyers for Hayes and Matsumoto did not immediately respond to a request for comment.

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