Plaintiffs in Trump University suit ask judge to deny request for trial delay

SAN DIEGO, Nov. 14 (UPI) -- Attorneys representing plaintiffs in the civil class action lawsuit against Trump University said Monday they want to go ahead with the trial this month, even if they don't get any additional testimony from the president-elect himself.

The trial is scheduled to begin Nov. 28, but Donald Trump's lawyers have asked the legal proceeding to be delayed because the businessman is presently busy with White House transition efforts. They have asked that it be postponed until after his Jan. 20 inauguration.

Trump's attorneys have also said if they can get a later trial date, the former GOP candidate will deliver new recorded testimony to be shown to jurors.

Plaintiffs filed a motion with the court in San Diego on Monday expressing concern that a delay could give way to even more delays as Trump becomes involved in the day-to-day workload the president of the United States must bear.

Trump needs to "devote all of his time and attention to the transition process," a defense motion, filed Saturday, said.

"The 69 days until inauguration are critical and all-consuming," Trump lawyer Daniel Petrocelli said in the filing. "President-elect Trump must receive daily security briefings, make executive appointments (ultimately, thousands), and establish relationships with appointees, members of Congress, governors and foreign leaders. He must also develop important policy priorities."

Former Trump University students sued in 2010, alleging they lost tens of thousands of dollars after being misled about the real estate education they were to receive. The school enrolled 10,000 students from 2005 until it closed in 2010.

At a hearing Thursday,, U.S. District Judge Gonzalo Curiel encouraged the parties to settle and said he was unlikely to delay the start of the trial.

Trump, though, has previously refused to settle the cases, but Petrocelli said the circumstances have now changed.

"We are in uncharted territory," Petrocelli said. "There are much more important obligations that President-elect Trump has and he will have to maybe be a little bit more flexible about the resolution of this case."

The lawyers suggested recorded testimony before the inauguration can be used in this trial and in another case.

"In this way, the court minimizes the intrusion on the president-elect, preserves his trial testimony, and guarantees plaintiffs their day in court without regard to a sitting president's unpredictable schedule," the attorneys said.

On Thursday, Curiel also ruled against the Trump's legal team's attempt to ban testimony relating to Trump's conduct during the presidential campaign.

In addition, Curiel refused to ban testimony about Trump University's "F" rating by the Better Business Bureau, and says he will allow discussion of the financial condition of students, many of whom said they were poor.

Patrick Coughlin, a lawyer for the former students, opposes a delay in the case.

"We don't think it changes anything. He's the president-elect. He's not sitting in office," Coughlin said to CNN.