Sangster
Sangster v. California Horse Racing Board
Opinion
Lead Opinion
Woods, J.
*1036 Opinion
Appellant Robert E. Sangster (Sangster) appeals from a judgment denying his petition for a writ of mandate under Code of Civil Procedure section 1094.5. Respondents are the California Horse Racing Board (the Board), and William Gumpert and others (Gumpert) who were the real parties in interest in the proceedings below.
The facts are as follows: 1 Sangster owns a horse named The Noble Player. The Noble Player entered the San Matean Handicap run at Bay Meadows Race Track on September 15, 1984. The San Matean carried a statutory purse of $35,000 “added” plus a $5,000 “Breeders’ Cup Award” given by the Breeders’ Cup, Ltd., a private organization in Lexington, Kentucky.
The purpose of the Breeders’ Cup award was “to create new fan interest in racing and promote improvement of the breed.” The awards were to be “distributed by [the] host track and included in the published winnings of the horse.” 2 An owner who wished his horse to be eligible for the award paid a certain fee for that purpose.
The Noble Player won the San Matean. As first place finisher, his portion of the statutory purse was $22,400. Additionally, his portion of the Breeders’ Cup award was $2,700, for a…