Court to Decide Owner of Ball

A judge here decided Tuesday that the owner of Barry Bonds’ historic 73rd home run ball must be determined in a trial or other legal proceeding before the ball can be sold.

The ruling was a victory for Alex Popov, 37, who sued to prevent the ball’s sale in hopes of convincing the court that he is the rightful owner. Popov claims he snagged the Giant slugger’s record-setting swat Oct. 7 and lost it only because he was jumped by five to 20 exuberant fans at Pacific Bell Park.

“I want my ball back,” Popov told reporters after the packed hearing.

Patrick Hayashi, 36, who went home with the million-dollar ball after scooping it off the ground, is prepared to go to trial to prove that he is the rightful owner, said his lawyer, Donald K. Tamaki. Fans always scramble for foul or home run balls, and the one who ends up with the ball owns it, Tamaki said after the ruling.

“A catch isn’t a catch if you drop the ball,” the lawyer said.

Superior Court Judge David Garcia issued a preliminary injunction barring the sale of the ball and ordered Popov to post a $100,000 bond. The money is intended to compensate Hayashi if he wins the case but the value of the ball diminishes in the meantime.

The ball sits in a safe deposit box, and Garcia has the keys. Its value has been estimated at $1 million to $3 million.

Michael Lee, another of Hayashi’s lawyers, told Garcia that he may ask for a higher bond “if someone starts hitting home runs in April,” endangering Bonds’ new record and possibly reducing the value of the ball.

Popov sued Hayashi on Oct. 24, contending that he had learned that Hayashi planned to sell the ball. Popov argues that he had first possession, and lost it only because he was attacked by other fans.

A videotape shot by a news station appears to show the ball landing in Popov’s glove before he was knocked to the ground. Popov estimates that he had the ball for between 45 seconds and 1 1/2 minutes.

“The mob mugged me,” he said.

Popov owns a health food restaurant in Berkeley. He wore a suit and tie to the hearing and spoke in front of a dozen television cameras afterward.

Hayashi, a Silicon Valley engineer, has said he also was knocked down during the melee and found the ball on the concrete. Hayashi then held it aloft, and security guards whisked him away. After verifying the authenticity of the ball, Giant officials put it in a trophy case and gave it to Hayashi.

Hayashi did not attend the hearing, but a spokesman for his lawyers e-mailed reporters a statement from him. Hayashi said he will ask his attorneys to determine whether it would be possible to put the ball on public display to create “a more positive situation” as the legal wrangling continues.

“I don’t want Mr. Popov’s lawsuit against me to deny the chance for others to appreciate the ball,” Hayashi said. His lawyers have said he has not made any plans to sell it.

“I’ve been asked many times about a settlement,” Hayashi continued, “but it’s difficult to make friends with the schoolyard bully. I think people can appreciate my need to stand up for myself.”

Garcia told lawyers the amount of the bond Popov must post is modest considering the ball’s worth.

“The value of the ball . . . is indisputably over a million dollars,” the judge said. “Mr. Hayashi had the ball in his possession. There is no question about that.”

Popov and Hayashi were among a throng of fans who had standing-room-only tickets for the arcade beyond the right field stands. Many had brought mitts to the afternoon game in hopes of catching a Bonds ball.

“It was a raucous atmosphere that people voluntarily put themselves in,” said Hayashi attorney Tamaki.

Popov has claimed that Hayashi was among those who jumped on him and clawed at him for the ball. Hayashi flatly denies that charge, and feels emotional distress that his name has been muddied, Tamaki said.

“He is most concerned right now with clearing his name,” Tamaki said.

He said it normally takes six months to a year to go to trial in San Francisco, but he hoped the judge would expedite the legal proceedings.

A lawyer for Popov said he probably will ask the judge to decide the case in a summary judgment. If Garcia ruled on that basis rather than through a trial, he would decide the owner based on sworn declarations and legal briefs.

Tamaki said Hayashi did not attend Tuesday’s hearing because he has a job and a life outside the legal fight. “After all, it’s only about a baseball,” the lawyer said.