Janis

Jack and Linda Janis (Janis) appeal judgments dismissing their class action against the California State Lottery Commission (CSL) and GTECH Corporation (GTECH). Janis sought to recover moneys lost by Keno players during the four years CSL operated the lottery “Keno” game. The issues on appeal are whether: (1) Janis’s appeal of the judgment in favor of GTECH is timely; (2) CSL is immune from liability on Janis’s contract rescission and restitution claims; (3) Janis may assert a civil action for misleading advertising and fraud against CSL; (4) Janis properly filed an “amended government claim”; and (5) Janis is entitled to an accounting.

Factual and Procedural Background

In November 1992, CSL began operating a Keno game. Several private gaming interests immediately challenged the legality of Keno, seeking to have its operation enjoined and the game declared illegal. During the litigation, CSL continued to operate Keno. The trial court and the Court of Appeal upheld the legality of Keno. On June 24, 1996, however, the California Supreme Court ruled the Keno game constituted illegal gambling. CSL stopped operating Keno later that day.

On June 25, 1996, Janis filed an…