News

Danville Baseball group sues Athenian School over field use contract dispute

The Danville Baseball Association, which coordinates the Diablos' PONY Baseball for 12- to 15-year-old boys in Danville and Alamo, filed a lawsuit against Athenian School last week for early termination of a contract regarding field use at the school.

Judyth Collin, communications director for Athenian School, said they had only received a copy of the suit on Monday afternoon, their first day of classes, and were not prepared to make a statement.

In a statement from the DBA, President Tony Gigliotti said the original contract signed in 2002 granted field use for 10 years, with an out clause in 2010. A modification was reportedly signed in 2004, however, that extended the termination and out clause dates by two years.

Gigliotti also said the association was given 30 days notice of cancellation on Aug. 4 and alleges that the school began contacting Diablos' coaches and players "offering them the opportunity to come to the new program that would be replacing the Diablos at Athenian."

"We believe they wrongfully terminated our contract and then began recruiting our players and coaches in order to render our program impotent," Gigliotti added. " Athenian scared them into believing that would be impossible without signing up for the new program."

Paul Hirsch, spokesman for the DBA, said the program allegedly offered to the coaches and players was another youth baseball program that was started by Athenian. He said the notice from Athenian was "sudden."

"Meetings took place between the DBA and Athenian school and they couldn't come to an agreement and (the lawsuit) is what took place," Hirsch said.

In addition, DBA said they have kept to their contractual obligations, including paying for maintenance and improvements to the fields.

Last winter, wild pigs reportedly destroyed new sod on the fields. The DBA statement said that they invested more than $30,000 to "re-repair widespread sprinkler lines destroyed by the pigs, hauled off the destroyed sod, laid new sod, and installed over 1,000 feet of fencing to keep the pigs out."

Comments

Posted by American, a resident of Danville
on Aug 31, 2010 at 1:40 pm

Of course, a school like Athenian that thought it was appropriate to have terrorist Angela Davis be an honored speaker and give advice to young, 6th grade children, also apparently thinks it is appropriate to breach a contract and try to steal young baseball players from a local club team. Why anyone would spend so much money and send their children to this type of school, while the local public schools are so excellent, is beyond me.


Posted by Ex-Diablo, a resident of Danville
on Aug 31, 2010 at 3:52 pm

This is a joke, this guy has run a scam for years. The only way he could get away with it was that he had the field. Ask him about the tax deductible receipts he was handing out when you bought equipment from him. (Christ Kids Sports Ministries) Or if he had a permit to sell cooked food...or his tactic of springing the news on parents that it was their responsibility to sell his food and drag the fields the night before the season starts...Knowing that kids couldn't get on other teams if they refused...Also, tournaments that kids were told they would participate in but tournament fees were never paid so weekends ruined and games never played....or coaches that weren't paid...Danville Express there's a lot to follow up on here.....


Posted by jrm, a resident of Vista Grande Elementary School
on Aug 31, 2010 at 6:23 pm

jrm is a registered user.

Maybe I am naive but why would coaches get paid for a brief summer Pony league? My kids went through little league, t-bird football and cheer programs and I always wanted to help pitch in on dragging a field, keeping score, or working in the snackshack...it was not only part of keeping the program going it was a fun time with other parents I had not met previously. that comes with the territory.
I do have a problem with the Christ Kids Sports Ministries....is that really true? Holy Cow (sorry could not resist) what is up with that?


Posted by where is phil, a resident of Alamo
on Aug 31, 2010 at 6:23 pm

so it looks like American is this Gigliotti guy, and Ex-Diablo actually has experience with this so-called league. I've heard rumors much like Ex-Diablo claims - anyone else out there with kids playing in this organization with stories similar to Ex's? Also, Ex - does the IRS know about this guy? They might be interested in this "non-profit" for a bunch of reasons.
Now's the time to speak up.


Posted by Ex-Diablo2, a resident of Alamo
on Aug 31, 2010 at 6:54 pm

So Gigloti says: "Athenian scared them into believing that would be impossible without signing up for the new program".
What exactly would be impossible?? Does not compute.

Christ Kids Sports Ministries?? How long did it take this clown to come up with that one? So that's the name of the "non-profit"?

Internal Revenue, I smell something here.


Posted by American, a resident of Danville
on Aug 31, 2010 at 8:38 pm

The only thing I know about this Danville Pony Diablo baseball team is what I read in the Danville Weekly...I have coached(volunteer)in Danville Little League and my son has never played outside of Danville Little League... I have never had any involvement with this Danville Pony Diablo baseball team, and my son has never played in their league, so I do not know if what the bloggers noted about the guy who runs that program is true...If what the bloggers noted about this guy who runs the Danville Pony Diablo team is true, than there may be more to the story than noted by the Danville Weekly...The way the story was written in the Danville Weekly, which I assumed was true, just made me feel sorry for what was alleged to be an unethical breach by Athenian School...I would love to see the Danville Weekly follow up on this story, and see what they can find out about this guy who runs the program, and if there is another story behind the story.


Posted by another ex, a resident of Danville
on Aug 31, 2010 at 9:09 pm

[Post removed due to same poster using multiple names]


Posted by Another ex-Diablo, a resident of Danville
on Aug 31, 2010 at 9:27 pm

[Post removed due to same poster using multiple names]


Posted by Educated American, a resident of Danville
on Aug 31, 2010 at 9:54 pm

[Post removed due to same poster using multiple names]


Posted by mom of three, a resident of Danville
on Aug 31, 2010 at 10:02 pm

My son played 1 year with Danville Pony, then went to San Ramon Pony which charges $750 a season. It included hat, jersey and THREE PAID tournaments. We have been very impressed with this league.
Sorry to read about the Danville Pony League.


Posted by Ron, a resident of Danville
on Sep 1, 2010 at 6:11 am

Educated Americam - You contribute no knowledge of subject material but bash the posters grammer and insult him by assuming he went to public school. Too bad they didnt teach you a little class in your private education.
You did get it right with your last statement, I agree with you there.


Posted by Sally N., a resident of Danville
on Sep 1, 2010 at 6:47 am

Hilarious...now we insult people by insinuating they went to public school? Really folks?




Posted by BazeBall Nut, a resident of Danville
on Sep 1, 2010 at 8:44 am

The local sports crazed nutso parents are willing to pay $2500 for a season in Pony, when there are other leagues they can play for that are far better and more reasonable.

The man that ran the Danville Pony League left the San Ramon Valley Little League when the All star team that he was associated as a coach got into official little league trouble for breach of rules. There is a complete story behind that as well. His desperation for a team led to the founding of the Pony team at Athenian.


Posted by citizen cane, a resident of Danville
on Sep 1, 2010 at 8:51 am

Bazeball - isn't another word for breach of rules "cheating"?
Boy, hope this guy is squeaky clean, but it doesn't sound like it.
Danville Weekly - peel the onion on this one, please.


Posted by Scammed Taxpayer, a resident of Danville
on Sep 1, 2010 at 12:48 pm

TO: "....Educated American...."

Congratulations on the most absurd post of the year!


Posted by bayzeeball, a resident of Danville
on Sep 1, 2010 at 1:56 pm

this guy is no stranger to Superior Court.
go to: Web Link

it's all public records - type in Tony Gigliotti (name), Anthony Gigliotti (name), Danville Pony (business name), Danville Baseball Association (business name). Quite the eye-opener.

Guess this case doesn't even get read until 1/13/2011. Too bad.


Posted by Jim, a resident of another community
on Sep 1, 2010 at 1:58 pm

Hmm, a contract was signed that allowed Athenian to end the lease after eight years and, after eight years, they chose to exercise that option. And now they're being sued for breach of contract. Unless the extension specifically stated that the eight year cancelation clause was extended another two years, I don't see what legal standing he has.

But what do I know, I went to public school.


Posted by Amazed, a resident of Diablo
on Sep 1, 2010 at 3:21 pm

[Post removed due to same poster using multiple names]


Posted by bayzeebal, a resident of Danville
on Sep 1, 2010 at 5:00 pm

I count 25 lawsuits where he's the defendant.


Posted by Innocent Bystander, a resident of Danville
on Sep 1, 2010 at 5:21 pm

I find this Tony guy's moves to be crazy. Does he not know that parents who pay $2500 bucks to play baseball are probably pretty connected and he has just set up a situation where they are all calling their high powered friends (who I am sure know someone with IRS) to nail this guy. Regardless, a guy who has been in 25 lawsuits is a nuisance to our court system and should not be around teenage boys. For his own good, I hope he is putting his home up for sale, the East Bay is a small community and this guy is now done for what seems to be based on his history a pattern of taking advantage of people.


Posted by cardinal, a resident of Diablo
on Sep 2, 2010 at 8:00 am

So, what costs $750 in San Ramen goes up to $2500 in Dandyville?

In my experience, that's pretty typical of the local merchantry.


Posted by baseball dad, a resident of Danville
on Sep 2, 2010 at 3:27 pm

My kids have played both Danville and San Ramon Pony. Both are good. San Ramon is coached by dads. Danville is coached by professional coaches. The city of San Ramon supports San Ramon Pony well..sort of the way Danville supports Mustang Soccer.


Posted by Ex Diablo, a resident of Danville
on Sep 3, 2010 at 9:55 am

We played for two years with the Diablo's. Everything that is said in the comments above is true, from the work that NEEDS to be done by the parents to the scamming Christ Kids Sports Minitry pushing it's overpriced Diablo merchandise. This guy is a crook-period.


Posted by citizen cane, a resident of Danville
on Sep 3, 2010 at 1:27 pm

So I'm guessing Athenian somehow figured out this guy, said to themselves "we have an out clause", exercised that clause, and started a new league. So what's wrong with that (assuming it was per the contract)? It's their field, after all - they can do with it what they want.
Your tax dollars will be a work with this lawsuit.


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