The Sacramento Superior Court denied Underdog Fantasy’s request for an emergency injunction that sought to prevent California Atty. Gen. Rob Bonta from releasing his opinion on daily fantasy sports.
Bonta is expected to release his opinion on the legality of DFS by Thursday, according to a report from KRCA-TV. Underdog sued just days before to stop the release and preserve status quo.
It is widely believed the opinion will declare most of or all forms of DFS illegal in the state. That could result in operators like Underdog being ordered to leave the state and stop accepting customers.
Underdog had ‘ample’ opportunity to challenge
According to Judge Jennifer Rockwell, Underdog had ample time to challenge, disqualifying the situation as an “emergency.”
“To the degree that Petitioners challenge the Attorney General’s authority to issue Opinion No. 23-1001, which they acknowledge has been pending for more than 18 months, Petitioners had ample opportunity to raise such a challenge at any time after the Attorney General’s acceptance of the question posed by Senator Wilk in October of 2023,” read the minutes.
“The fact that Petitioners delayed filing this action does not constitute a basis for ex parte relief.”
No laws changing
Bonta’s opinion does not change the law, Rockwell said.
“Further, the Attorney General’s issuance of an opinion of pursuant to Government Code section 12519 does not effect any change in the law. (People v. Vallerga (1977) 67 Cal.App.3d 847, 870 [“the opinions of the California Attorney General are advisory only and do not carry the weight of law”].) Accordingly, Petitioners have not established that they will suffer any harm as a result of the issuance of Opinion No. 23-1001.
“The Ex Parte Application is denied. No hearing will be held.”
Underdog appreciates ‘clarity’
An Underdog spokesperson said the company looks forward to continuing to operate in the state:
“The court stated that the Attorney General’s forthcoming opinion on fantasy sports “does not effect any change in 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.”
Suit: AG lacked authority to issue California DFS opinion
The main argument from Underdog was that the original request to study the legality of DFS was improper coming from a legislator.
“Absent relief from this Court, Attorney General Rob Bonta will issue an opinion later this week that will decimate fantasy sports in California,” read the memorandum supporting the TRO request. “Attorney General Bonta should be enjoined from doing so, not because he is wrong in his views on the legality of fantasy sports—though he certainly is—but because by statute, the Attorney General can only issue opinions on questions of law and can only answer questions that relate to the duties of the official requesting the opinion.
“Neither is true here. Thus, Attorney General Bonta lacks authority to issue the opinion and should be enjoined from doing so.”
