HORAN v. STATE OF CALIFORNIA

Docket No. C006113.

220 Cal.App.3d 1503 (1990)

270 Cal. Rptr. 194

CLEO HORAN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Third District.

June 4, 1990.


Attorney(s) appearing for the Case

COUNSEL

John E. Virga for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, Richard M. Frank and Floyd D. Shimomura, Deputy Attorneys General, for Defendant and Respondent.


OPINION

SCOTLAND, J.

In this case, we are asked to decide whether plaintiff, who contracted with the California Lottery Commission (the Commission) to sell lottery tickets, is entitled to the proceeds from an instant game lottery ticket which was stolen from her inventory by a teenage employee who scratched off the ticket, discovered it was a $100,000 winner, then returned it to the retailer. We conclude, as did the trial court, that...

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