California judge denies Underdog Fantasy’s petition over Attorney General opinion

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A Sacramento County Superior Court judge has denied fantasy sports operator Underdog Fantasy’s request to block California Attorney General Rob Bonta from providing a legal opinion that might classify all online fantasy sports platforms as illegal in the state.

The ruling by Judge Jennifer K. Rockwell came on Wednesday after Underdog sued to halt the release of the opinion, arguing it would harm their operations in California.

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“Petitioners had ample opportunity to raise such a challenge at any time after the Attorney General’s acceptance of the question posed by Senator (Scott) Wilk in October 2023. The fact that Petitioners delayed filing this action does not constitute a basis for ex parte relief,” Rockwell wrote.

The judge also highlighted that the Attorney General’s opinion would not change state law.

“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,’ ” a spokesperson for Underdog said. “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.”

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