Court denies Underdog’s request to block California AG’s DFS opinion
Rob Bonta expected to issue his statement in coming days, but court rules no injunction can be granted as his opinion will not directly impact legislation
The Sacramento Superior Court has scuppered Underdog’s request for an emergency injunction against California Attorney General Rob Bonta, in a blow for the DFS operator.
The firm had sought an injunction against Bonta’s office as he prepares to release a statement declaring his opinion that almost all forms of DFS in the state be made illegal.
While the opinion has yet to be made public, it is expected to be published by Bonta’s office before the end of this week.
Bonta’s opinion would not officially make DFS illegal in the state, but the fear from some stakeholders is that it will hold enough influence to drive the legislature to action.
However, in a court ruling, Judge Jennifer Rockwell said an injunction would not be required due to the fact Bonta’s comments will be an opinion only.
She wrote: “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.”
An Underdog spokesperson said: “The court stated that the Attorney General’s forthcoming opinion on fantasy sports ‘does not affect 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.”
Staying with California’s DFS fallout, PrizePicks has switched its games in the Golden State, ditching the against-the-house pick’em format.
PrizePicks users in California can now only play the Arena version of the app, a more traditional form of DFS against other players.
A PrizePicks statement noted: “We’re excited to now offer Arena to players in California.
“Arena has been incredibly well received by our community and we’ve seen continued growth as more players engage with this peer-to-peer format.”
Should Bonta’s opinion hold sway with other legislators, it may well represent a blow for PrizePicks given it has penned commercial deals with the LA Dodgers, San Diego Padres, and San Francisco Giants in recent months.