A judge Thursday declined a request by the Attorney General’s Office to dismiss a lawsuit by a woman who sued the California State Lottery Commission, alleging she is entitled to the $1.08 billion jackpot from the July 19, 2023 Powerball drawing, but the judge told the plaintiff the complaint needs shoring up.
Los Angeles Superior Court Judge Upinder S. Kalra gave plaintiff Stacy Tru 21 days to file an amended complaint in which she alleges one count each of breach of contract and common count.
In their court papers, the Attorney General’s Office noted that Tru neglected to attach to her complaint a copy of the contract she alleges the commission has breached.
“Because plaintiff did not attach a copy of the contract, did not provide the terms of the contract verbatim and then did not allege facts demonstrating the breach of contract based on those terms, her breach of contract claim fails as alleged,” according to the pleadings of the Attorney General’s Office.
California Lottery rules state that a valid, original Powerball ticket is the only acceptable proof of a player’s ticket numbers and the “only acceptable instrument” for claiming a prize, the Attorney General’s Office further stated in its court papers.
The Attorney General’s Office contended that both causes of action had issues that cannot be overcome with amendments and that Tru’s lawsuit should have been dismissed. In his court papers, Tru’s lawyer states that while the commission argues that the plaintiff must allege the terms of a written contract verbatim, that is not possible because the commission itself does not know what the terms are or where they are located.
“Plaintiff is not opposed to amending the complaint as to written terms of a contract, but for the fact that the plaintiff does not know which terms are agreed upon, applicable and enforceable, and apparently neither does the defendant,” Tru’s attorney stated in his court papers.
Tru’s lawsuit was filed Jan. 28. She is seeking the $1.08 billion along with interest retroactive to Oct. 15, 2023, the date which the plaintiff contends she made a claim for the money and was denied.