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TRINKLE v. CALIFORNIA STATE LOTTERY

No. C029083.

84 Cal.Rptr.2d 496 (1999)

71 Cal.App.4th 1198

John TRINKLE, Plaintiff and Appellant, v. CALIFORNIA STATE LOTTERY, Defendant and Respondent.

Court of Appeals of California, Third District.

Review Denied June 23, 1999.

Attorney(s) appearing for the Case

Estrada & Thomson and William D. Thomson, Livermore, for Plaintiff and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Martin H. Milas, Senior Assistant Attorney General, Marybelle D. Archibald, Supervising Deputy Attorney General, and David I. Bass, Deputy Attorney General, for Defendant and Respondent.

CALLAHAN, J.

Plaintiff John Trinkle sought "restitution of and disgorgement of profits" earned by the California State Lottery (CSL) on the theory that CSL engaged in unfair business competition (Bus. & Prof.Code, § 17200 et seq.) by operating the "illegal" games of Keno and Scratcher. The trial court sustained CSL's demurrer without leave to amend. Trinkle appeals.

We conclude that the CSL, a state agency, is not a "person" within the meaning of...

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