Negrette

After denial of his claim for the proceeds of a lottery ticket, in October of 1991 appellant filed an action against the California State Lottery Commission (hereafter respondent or the Commission) for damages in the amount of $50,000. Appellant alleged that he purchased a winning ticket in the “Joker’s Wild” game, but through “oversight” mistakenly mailed the ticket to the “Second Chance Draw” rather than immediately seeking to redeem it for the $50,000 prize. Respondent subsequently moved for summary judgment, based primarily upon the declaration of Charles S. Wenson and attached exhibits, which described the ticket “reconstruction” procedure undertaken by the Commission to determine the validity of appellant’s claim. The motion for summary judgment was granted after a hearing. Appellant’s subsequent motion for reconsideration was denied, and this appeal from the judgment entered in favor of respondent followed. We recite the pertinent facts presented to the trial court during the summary judgment proceeding.

Appellant purchased a lottery ticket for the “Joker’s Wild” Instant Game No. 34 on July 14, 1990, at the Lucky Store in Southland Mall Shopping Center, Hayward.…