Brown

—Wallace J. Brown appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend.

Appellant alleged in his complaint that he went to a 7-Eleven store to purchase two California Lottery tickets. The store clerk informed him that the terminal was not functioning properly and that only tickets with terminal-generated number selections could be purchased. The clerk suggested Brown travel to another store nearby, but he was unable to get there in time. Brown claims that the failure of the clerk to sell him the lottery tickets resulted in a loss to him of approximately $7.25 million because he would have picked the winning numbers.

Brown sued the California State Lottery Commission (State), the South-land Corporation (doing business as 7-Eleven Stores), and the 7-Eleven clerk seeking damages on three theories: (1) breach of contract; (2) breach of contract to a third party beneficiary; and (3) negligence.

The superior court sustained the demurrers of Southland and the State of California to Brown’s first amended complaint without leave to amend.

Discussion

I.

No Cause of Action Has Been Stated Against Southland

Brown claims to have…