How have courts interpreted the reasons of a trial court's finding that plaintiffs are barred from recovery from an illegal gambling contract?

California, United States of America


The following excerpt is from Szadolci v. Hollywood Park Operating Co., 14 Cal.App.4th 16, 17 Cal.Rptr.2d 356 (Cal. App. 1993):

The trial court's stated reasons supporting its ruling, however, do not bind this court. We review the ruling, not its rationale. (Barnett v. Delta Lines, Inc. (1982) 137 Cal.App.3d 674, 682, 187 Cal.Rptr. 219.)

Page 358

The trial court's ruling was based on the conclusion that the transactions between plaintiffs and Farenbaugh were illegal bets. Since plaintiffs' complaint relied on a theory which put them in pari delicto, the trial court held, they were barred from recovery. " 'The general rule is that the courts will not recognize such an illegal contract [betting] and will not aid the parties thereto, but will leave them where it finds them. This rule has been rigidly enforced in this state to deny any relief in the courts to parties seeking to recover either their stakes or their winnings under a wagering contract which is in violation of law, ... [Citations.]' [Citations.]" (Bradley v. Doherty (1973) 30 Cal.App.3d 991, 994, 106 Cal.Rptr. 725.)

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