Quote:
Originally Posted by AngusThermopyle
I was not talking about a civil case.
I would hope that, for such actions to be prosecuted as a criminal offense, the rules of criminal procedure or whatever would require direct evidence.
Quote:
Originally Posted by AKQJ10
To those who have read all the docs or have a legal background:
Did any of the plaintiffs argue that what he did was fraud rather than a gambling issue, hence as a fraud case can be adjudicated by the courts? ........
In their briefs and at oral argument, both sides
substantially relied on the California Court of Appeal’s decision
in Kelly v. First Astri Corp. 72 Cal. App. 4th 462 (4th Dist.
1999), review denied, No. S080081 (Cal. Sept. 1, 1999). In
Kelly, three blackjack players sued a casino, the casino’s
manager, and one of the casino’s employees for intentional
misrepresentation, fraudulent concealment, conversion, money had
and received, negligence, negligent supervision, and civil
conspiracy following the discovery of a marked card scheme at the
casino. Id. at 468. The court upheld the trial court’s grant of
summary judgment to defendants because plaintiffs’ action to
recover his gambling losses were barred “under California’s
strong and long-standing public policy against judicial
resolution of civil claims arising out of lawful or unlawful
gambling.”