- A California Superior Court Judge has denied a request from Underdog to prohibit Attorney General Rob Bonta from releasing a legal opinion on daily fantasy sports
- Denial says Underdog did not establish they will suffer any harm as a result of the forthcoming opinion
- Bonta’s opinion on the legality of California daily fantasy sports likely to be released this week
A Superior Court of California, County of Sacramento judge has denied a temporary Underdog ex parte application to prohibit California’s Attorney General Rob Bonta from releasing a legal opinion regarding the legality of daily fantasy sports.
Sacramento County Superior Court Judge Jennifer Rockwell denied Underdog’s request to prevent Attorney General Bonta from releasing his opinion the legality of daily fantasy sports in California, noting the company has “not established that they will suffer any harm as a result of the issuance” of the pending legal opinion.
Bonta is scheduled to release his legal opinion this week.
Underdog ‘Looks Forward’ To Continuing in California
Rockwell wrote in her decision that the issuance of an opinion from the attorney general “does not effect any change in the law.” She went on and noted the opinions are advisory only and “do not carry the weight of law.”
She also wrote that the opinion had been pending for the last 18 months, which gave Underdog ample opportunity to raise a challenge.
“The fact that Petitioners delayed filing this action does not constitute a basis for ex parte relief,” she wrote.
An Underdog spokesperson told Saturday Down South the company looks forward to continuing to offer DFS contests in the state.
“The court stated that the Attorney General’s forthcoming opinion on fantasy sports ‘does not effect any change in the law’ and does ‘not carry the weight of law.’ As a result, the court explained that the protective relief we sought was not necessary. We thank the court for that clarity and look forward to continuing to offer our fantasy contests in California.”
Bonta is expected this week to release a long-awaited opinion on the legality of California’s DFS contests. He is expected to conclude all DFS contests – peer-to-peer, against the house, draft, etc. – are illegal in the Golden State.
California DFS games have operated in gray market for years, unregulated by the government or paying taxes to the state.
The opinion is in response to a 2023 request from Sen. Scott Wilk (R-21), who left the state legislature in 2024. The Attorney General did not issue an opinion in response to his request prior to him leaving the legislature.
Underdog Cited Irreparable Harm
According to the lawsuit, Underdog has operated in California since 2020 and the state accounts for more than 10% of the company’s annual revenue.
Underdog faces “irreparable harm” if the opinion is released, counsel argues, and since the company only received days’ notice it seeks a timely “ex parte temporary restraining order to preserve the status quo that has persisted in California for decades.”
“Without this Court’s immediate intervention, this unlawful gambit may succeed. Underdog faces imminent irreparable harm – from fleeing customers, risk-averse banks and
payment processors, and the loss of investment and goodwill – if the Attorney General issues the opinion as planned.”
Robert is an expert on sports betting in the United States, specifically the legalization process and regulation surrounding the industry.
