Aguimatang

Aguimatang v. California State Lottery

Good Law
1991 Cal. App. LEXIS 1118·234 Cal. App. 3d 769·286 Cal. Rptr. 57·91 Daily Journal DAR 11873·91 Cal. Daily Op. Serv. 7781
Court of Appeal of CaliforniaSeptember 25, 1991C007401California12,405 words

Opinion

Opinion

Sims, J.

Plaintiff Federico S. Aguimatang, Jr., and cross-complainant Arnulfo Melgar Chanquin appeal from summary judgment entered in favor of defendants/cross-defendants California State Lottery Commission, State Controller, Director of California State Lottery, California State Lottery, State of California, James Barnett, Timothy Ford and California State Lottery Education Fund (collectively State Lottery). The litigation involves appellants’ claims under the California State Lottery Act of 1984 (Cal. Const., art. IV, § 19, subd. (d); Gov. Code, § 8880 et seq. ) that they, as holders of winning “California Lotto 6/49” tickets, were deprived of a portion of their winnings when the State Lottery divided a $15.9 million Lotto jackpot into four shares, with one unclaimed share reverting to the Education Fund, rather than dividing the jackpot equally between the three persons who came forward with winning tickets. The State Lottery prevailed on a motion for summary judgment by showing its computer records indicated four winning transactions. Appellants attempted to raise a triable issue as to whether the fourth transaction was an aborted wager for which no valid ticket ever issued.…

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