Quote:
Originally Posted by Videopro
This is not a case I have any role in, nor do I have any dog in the fight.
Curious, is there any common law cause of action in California, against the casino as may lie in other states ?
See Berman v. Riverside Casino Corp., 323 F.2d 977, 979 (9th Cir. 1963) (citing, among others, Harris v. Bowden, Queen’s Bench, 1563, Cro. Eliz. 90, 78 Eng. Rep. 348; Dufour v. Ackland, 1830, 9 L.J.K.B. 3) (“[T]he common law rule, as of the time of Nevada’s admission to the Union, appears to have been that [a defrauded party] who lost money in a crooked gambling game could recover in a civil action.”); Catts v. Phalen, 43 U.S. 376, 381 (1844) (holding that lottery operators can recover amounts paid to individualwho fixed the drawing through “a deeply concocted, deliberate, gross, and most wicked fraud”); Hobbs v. Boatright, 93 S.W. 934 (Mo. 1906) (recognizing common law causes of action for fraud and conspiracy to recover losses stemming from fixed footrace); Stewart v. Wright, 147 F. 321 (8th Cir. 1906) (similar); see alsoZaika v. Del E. Webb Corp., 508 F. Supp. 1005, 1008 (D. Nev. 1981) (citing Berman and recognizing a fraud action for losses caused by cheating); State Gaming Control Bd. v. Breen, 661 P.2d 1309, 1310 (Nev. 1983) (distinguishing action to recover alleged keno winnings from Bermanand Zaikabut citing them with approval)but see Babcock v. Thompson, 20 Mass. 446, 449 (1826) (“Clearly if the gaming had been fair, the law would give no remedy. The only question then is, whether the fraud will alter the case
However, thus is not my case, the above comes from a footnote from a UNLV law review article. I have not researched anything beyond that and am not presently admitted to practice in California.
https://scholars.law.unlv.edu/cgi/vi...16&context=glj
Good luck on appeal.