Legal Question in Civil Litigation in California
Settling a bet
The other week, a local listings editor printed the following in the paper: ''July 4, 1826: Founding Fathers Thomas Jefferson and John Adams die within five hours of each other, both of natural causes.'' I wrote betting her $150 the statement wasn't true (not contesting the date, people, or 5 hr. timeframe). She then wrote me accepting the bet and cited some sources apparently proving the date, people involved, and 5 hr. period. MY contention is that NO ONE dies of ''natural causes'' -- instead, there's an underlying disease, accident, poisoning, etc., and got a local forensic pathologist to back me up....I'm now wondering if you know of any way this editor could wiggle out of paying me, ie, exactly how strong is my case against her?? If applicable, please cite the pertinent statute(s). Thank you!
1 Answer from Attorneys
Re: Settling a bet
You have no case at all. The editor would have no obligation to pay you even if she agreed she had lost the bet.
With few exceptions, gambling is illegal in California. Unless you have left out some very unusual facts, none of the exceptions would apply here. Your wager was thus an illegal contract and will not be enforced by any court.
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