The ongoing health crisis that brought the gaming industry in the US to a halt does not seem to affect much the poker scandal of 2019, the case of Mike Postle’s exorbitant win ratio during televised games in the Stones Gambling Hall in Citrus Heights, California.
Plaintiffs, Now 88, Amended the Complaint
The latest developments included an amendment to the initial charges of fraud, unjust enrichment and negligence, to increase the causes of action to 11, as well as to allow the number of plaintiffs to more than triple, from 25 to 88 currently.
After the plaintiffs amended their original complaint, March 26, the three defendants, Mike Postle, King’s Casino, the operator of Stones Gambling Hall, and Justin Kuraitis, the Tournament Director in the gaming venue, would now have to file new motions. The defendants have already filed their motion to dismiss the original complaint.
Casinos Have No Vested Interest Who Wins
In March, the casino operator filed a motion to dismiss the complaint on the grounds that the gaming venue had no vested interest on who won or who lost during the games.
On April 8, King’s Casino filed a motion to dismiss the amended complaint on the same basis they filed to dismiss the original one. The defendant stated that the plaintiffs failed to state a claim upon which a relief may be granted, and that the complaint failed the required particularity to allege fraud and misrepresentation.
Stone’s attorney claims that losses related to gambling are not “cognizable as damages” as they are subject to the rule of the economic loss. Hence, casino operators do not have duties of care to gamblers.
Claims against Stones for fraud and negligent misrepresentation fall short of Federal Rules of Civil Procedure Rule 8 and 9b’s pleading standards, as the majority of the plaintiffs do not point out specific instances in which they were misled by the casino management or staff, or even when they actually lost money to Postle. Therefore, plaintiffs failed to prove negligence as they substitute facts with insinuations, the attorney continued.
Kuraitis Joins King’s Casino Motion to Dismiss
On that same day the other defendant, Justin Kuraitis also filed a motion to dismiss the complaint, essentially joining the motion filed by King’s Casino. Kuraitis claims three of the plaintiffs, Brill, Mills and Goone, did not show how their reliance on his statements regarding the allegations against Postle had caused damage. Kuraitis adds that none of the plaintiffs played a hand or lost money to Postle after they had discussed their concerns with him.
Another Lawsuit, Another Plaintiff, Nevada
Meanwhile, Mike Postle’s interactions with the judicial system seem to become even more complicated, as a second lawsuit has been filed against him, this time in Nevada.
The plaintiff, an ex-fashion model turned into a professional poker player, Marle Cordeiro, claims Postle cheated her out of thousands of dollars by using a hidden device to see the hole cards of his opponents, in real time. Cordeiro’s suit alleges violation of the Racketeer Influenced and Corrupt Organizations Act, fraud and negligent misrepresentation.