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os Angeles Dodgers ace Shohei Ohtani and his CAA representative Nez Balelo filed a motion to dismiss a suit brought by Hawaiian developer Kevin Hayes and agent Tomoko Matsumoto. The plaintiffs claim Ohtani’s name and image were used without payment to promote a Mauna Kea Resort development and that the parties engaged in self‑dealing. Hayes and Matsumoto’s complaint, filed last month in Hawaii circuit court, accuses Balelo of exploiting Ohtani’s fame with “strong‑arm tactics” and of pressuring Kingsbarn Realty Capital to remove the duo from a $240 million project.

    The dismissal motion, prepared by Laura D. Smolowe, Randall C. Whattoff and colleagues from Akin Gump and Cox Fricke, presents a contrasting narrative. It confirms that in 2023 Ohtani signed an endorsement agreement to lend his NIL to a luxury housing venture on Parcel F of the Mauna Kea Resort. However, Ohtani did not authorize the use of his name on unrelated projects, such as a Hapuna Estates site that was used to drive traffic. The motion argues that Ohtani cannot be held liable because agency law does not allow a principal to be vicariously responsible for an agent’s misconduct absent approval or authority beyond the agent’s scope.

    Balelo is portrayed as fulfilling his fiduciary duties by opposing unauthorized NIL use and protecting Ohtani. The defense warns that if the complaint is not dismissed, Ohtani and Balelo will file counterclaims alleging misappropriation of Ohtani’s NIL. The plaintiffs will be able to respond to the motion, and the case remains before Judge Jordon J. Kimura.