Court Rules in Favor of California Lottery in Scratchers Lawsuit.News Editors SACRAMENTO, Calif.--(BUSINESS WIRE)--Jan. 16, 2002 The California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W). Lottery lottery, scheme for distributing prizes by lot or other method of chance selection to persons who have paid for the opportunity to win. The term is not applicable when lots are drawn without payment by the interested parties to determine some matter, e.g. announced today its reaction to Judge Ron Robie's decision to deny plaintiff's request for a writ of mandate writ of mandate (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. . "The court made the correct decision. The California Lottery Commission, not the court, is charged with running the Lottery and correcting Lottery problems. In this case, the Lottery Commission found the problem and corrected it last year," stated chairman of the Lottery Commission, David Rosenberg. "As stated previously, the Lottery and its Commission operates in full public view and yet neither the plaintiff nor her lawyers have ever come before it to present their issues. Had they done so, we likely could have avoided this litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. altogether and initiated the new procedures designed to address their concerns earlier. We sincerely apologize a·pol·o·gize intr.v. a·pol·o·gized, a·pol·o·giz·ing, a·pol·o·giz·es 1. To make excuse for or regretful acknowledgment of a fault or offense. 2. To make a formal defense or justification in speech or writing. for the error which was discovered last spring," said Director of the California Lottery, Joan Wilson. Immediately after learning of the error, the Lottery put into place tough new procedures that ensure there is always a top Scratchers prize available. At no time did the Lottery ever sell tickets that had no chance of winning a prize. As a good faith measure, a special $1 million drawing will take place in late February. Although Judge Robie ruled against the plaintiff and nothing remains of the law suit against the Lottery, he made it clear that the Lottery Act provision relied upon the plaintiff did not meet the California Supreme Court's definition of mandatory duty. He stated in his decision: "Here the Lottery's duty to refrain from false and misleading advertising is unquestionably un·ques·tion·a·ble adj. Beyond question or doubt. See Synonyms at authentic. un·ques  tion·a·bil couched couch n. 1. a. A sofa. b. A sofa on which a patient lies while undergoing psychoanalysis or psychiatric treatment. 2. a. in discretionary language. Section 8880.24 provides that the Commission "shall ENSURE that the Lottery complies with both the LETTER AND SPIRIT of the laws governing gov·ern v. gov·erned, gov·ern·ing, gov·erns v.tr. 1. To make and administer the public policy and affairs of; exercise sovereign authority in. 2. false and misleading advertising....Because the Lottery need only "ensure" compliance and since compliance includes the "spirit" of the law, the Lottery can choose just how to satisfy the statutory objective..." The Lottery has never claimed that it is exempt from false advertising laws, as has been stated in some media reports. As the judge noted, the Lottery has the discretion as to how it will meet the law. The Lottery's position is that if players have a problem they want corrected, including problems with Lottery advertising, then the Lottery Act adopted by voters provides public access to the Lottery Commission and the Director. Suing for damages is not the way to get action, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the law. The judge agreed with the Lottery in this matter. "Anyone with any question or comment is invited to come to the regular public meetings of the Commission and help make the Lottery's products the best they can be," Rosenberg added. Note: Additional information about the California Lottery may be found on our web site at www.calottery.com. |
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