California Judge denies Underdog’s prevention request of legal opinion on DFS
The state’s Attorney General Rob Bonta is expected to release a legal opinion regarding the legality of DFS contests in California and will presumably conclude such offerings are illegal.
Key Points
- Sacramento County Superior Court Judge Jennifer Rockwell denied the request on July 2, believing Underdog had “ample opportunity” to raise a challenge to the proceedings
- PrizePicks, a main competitor of Underdog in California, chose to switch its DFS offering to its peer-to-peer model ahead of Bonta’s legal opinion
Sacramento County Superior Court Judge Jennifer Rockwell has officially denied Underdog Fantasy’s request to prohibit California Attorney General Rob Bonta from releasing his legal opinion regarding the legality of daily fantasy sports (DFS) across the state.
Bonta is widely expected to conclude that all DFS contests, such as peer-to-peer, against the house or daily draft, will be found illegal in California. Underdog filed a lawsuit against Bonta and the California Department of Justice on July 1, stating the Attorney General’s opinion would “poison a thriving industry that serves millions of Californians.”
“It will cast a legal cloud over companies that organize digital fantasy sports contests and deter the businesses who make these contests possible by processing payments, hosting the platforms that Californians use to participate in digital fantasy sports and providing critical financing,” Underdog said.
The operator also affirmed that DFS offerings meet the requirements to be considered legal gambling in California, and believes saying otherwise “would violate clear statutory constraints on the Attorney General’s authority to issue the opinion.”
Good to know: The Los Angeles Dodgers MLB franchise named PrizePicks as its DFS partner on June 11, including numerous digital and in-stadium activations at Dodger Stadium
Rockwell wrote an opinion from Bonta “does not effect any change in the law” as part of her decision, while also stating Underdog had “ample time” to raise a challenge to the proceedings, and believes the “delayed filing (of) this action does not constitute a basis for ex parte relief.”
Bonta is expected to release his legal opinion on DFS offerings within the next few days from the time of writing. PrizePicks, a main competitor of Underdog in California, chose to switch its DFS offering to its peer-to-peer model ahead of Bonta’s legal opinion.
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