King’s Casino Management Corp, which is the parent company of Stones Gambling Hall, updated and filed its motion, aiming to dismiss the $10 million civil lawsuit that is currently pending against the casino.
Namely, Stones Gambling Hall was accused of helping Mike Postle cheat in a series of live-streamed cash games. Its parent company filed the original motion back in early March, stating that the lawsuit was based around the “oldest complaint of gamblers — lack of success.” According to the motion, gamblers always complain when they lose and accuse others of cheating.
The plaintiffs, who were represented by a popular gaming attorney Maurice “Mac” VerStandig, then decided to update their complaint. They added new allegations and increased specificity. Moreover, additional plaintiffs joined the lawsuit.
The new motion to dismiss mainly resembles the original one as addresses the increased number of plaintiffs, which is now 89. According to the new lawsuit, Stones Gambling Hall took part in fraud, constructive fraud, negligence, negligent misrepresentation, and the Consumers Legal Remedies Act (CLRA) violation.
Moreover, one of the plaintiffs, Veronica Brill, also has a libel claim against the gambling house, as her claims were regarded as “completely fabricated.”
Difficult to Determine Gambling Losses
Mark C. Mao from Boies Schiller Flexner LLP is the person who filed the motion for Stones Gambling Hall. He stated that plaintiffs failed to “state a claim upon which relief may be granted.” Moreover, the motion states that the plaintiffs also did not manage to “allege claims of fraud and misrepresentation with the required particularity.”
Similar to the original motion, the latest one also claims that gambling losses were “too speculative.” According to Vu v. California Commerce Club, Inc, losses that are related to gambling are “not cognizable as damages.” The motion concludes that Stones, therefore, cannot be accused of being negligent.
Finally, the motion, which is 33 pages long, states that plaintiffs should have been more concrete and should have shown sufficient facts, rather than “mere possibility of misconduct.”
In other words, the motion simply states that the plaintiffs do not have concrete evidence to prove that Stones Gambling Hall was involved in the cheating scandal in any way.
It simply draws on the fact that gambling losses happen in casinos and that casinos cannot be sued for such losses. Therefore, they don’t have a duty towards players who lost during their gambling activities.
The plaintiffs now received this motion and have time to plan how to respond to it. VerStrandig stated that they were reviewing and analyzing the motion by Stones, as it was a “well-drafted document prepared by a group of excellent attorneys.”
However, he added that it was disappointing to see that Stones still characterized his clients as “essentially being sore losers.” Moreover, he added that it was “disheartening” to see that a card room claimed it didn’t have a duty towards its customers.
VerStandig stated that he and his plaintiffs were looking forward to “pursuing (our) case in court.”
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