Jerry Jamgotchian v. Scientific Games Corporation

MEMORANDUM

Jerry Jamgotchian appeals the district court’s grant of Scientific Games Corpora tion’s (“Scientific Games”) Rule 12(b)(6) motion to dismiss Jamgotchian’s complaint. We have jurisdiction pursuant to 28 U.S.C. § 1382 (d)(2), and we affirm.

The district court correctly concluded that Jamgotchian’s claims are barred by California’s public policy against judicial resolution of civil claims arising out of gambling contracts or transactions. See Kelly v. First Astri Corp., 72 Cal.App.4th 462, 490 , 84 Cal.Rptr.2d 810 (1999). Jam-gotchian used Scientific Games’ machines to place pari-mutuel horse racing bets that were to be randomized by Scientific Games’ software, but were not, due to a defect in the software. Jamgotchian desires to undo these betting transactions and recover losses stemming from payments for tickets that were supposed to be randomized. Although he argues that his suit is not one to recover gambling losses, we agree with the district court that “a suit to be placed in the ex ante position after losing a bet is” just that, and is barred by Kelly , which held that “California’s public policy against judicial resolution of civil claims arising out of gambling…