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LONG BEACH, CA – Many bodies will never be millionaires, but for one Long Beach man his befalling came in the anatomy of a $5 actor Scratchers. His adventitious at the Millionaires Club was bound taken abroad from him, however, back he was denied payout due to who absolutely bought the admission – his 16-year-old son.

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Now, Ward Thomas’ Los Angeles Superior Cloister lawsuit, filed July 20, shows Thomas is suing the accompaniment of California and the California Accompaniment Action Commission, alleging he was wrongfully denied a $5 actor Scratchers, in accession to abortion to acquittal a binding duty, aperture of contract, apathy and both advised and behindhand representation. He additionally is suing the Mobil base on Bellflower Boulevard in Long Beach area his son bought the admission aftermost Oct. 16.

The accompaniment Attorney General’s Appointment states in new cloister affidavit that allotment of the accusation should be absolved because of “illegal gambling” committed by the plaintiff and his 16-year-old son, who purchased the ticket.

Deputy Attorney Accepted James Waian maintains in cloister affidavit filed Monday in Los Angeles Superior Cloister that alike if the admission buy by plaintiff Ward Thomas’ boyish son was begin to be lawful, the allotment of the case adjoin the accompaniment of California and the California Accompaniment Action Agency should be tossed on amnesty area because the government cannot be captivated accountable for the acts of the gas base agent who awash the boy the ticket.

Thomas says his son acquired bristles Scratchers tickets at the gas base by exchanging added acceptable tickets. One of the bristles was a acceptable admission with a $5 actor prize, the clothing states.

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Thomas accurate the admission at a 7-Eleven abundance in Long Beach that aforementioned day and afresh accurate it afresh the aing day at the action appointment in Santa Ana, the clothing states.

However, on Dec. 5, the Action Agency told Thomas that his accolade was actuality denied because his son was a accessory and accordingly was ‘not accurately able to comedy the lottery,’ the clothing states.

No one at the gas station, which additionally is a defendant, told Thomas’ son that he was too adolescent to buy a action ticket, the clothing states.

The clothing added alleges the agency bootless to accomplish its own rules in the operation of the action and that the agency affianced in apocryphal announcement by not publicizing that action admission buyers had to be at atomic 18 years old.

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But according to Waian’s cloister papers, any being beneath 18 who buys a admission or allotment in a Lottery, or who tries to affirmation a award-winning with a admission bought by accession 18, is accusable of a misdemeanor.

Thomas admits both violations of the law, according to Waian’s cloister papers.

“In a abnormal twist, plaintiff is gluttonous to accumulation from absolutely accommodating in actionable bank by a accessory and claiming a award-winning on an invalid ticket, action that the California Action accurately protects against,” Waian states in his cloister papers.

Even if Thomas and his son were not acquainted of the age requirement, as the old adage states, `ignorance of the law is no excuse,”‘ according to Waian’s cloister papers.

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In addition, Thomas has not cited any barring to the accepted aphorism of authoritative amnesty and makes a “convoluted effort” to articulation the accompaniment and the agency to the accomplishments of the Mobil agent who awash the admission to the boy.

“However, was a amount of law, (the commission) is not amenable for the accomplishments of retail clerks at action retailers,” according to Waian’s cloister papers.

The complaint does not accompaniment how the agency knew Thomas’ son bought the tickets and that the client was beneath age 18. Waian could not be accomplished for comment.

A audition on the Attorney General’s adjournment motion is appointed Nov. 7 afore Judge Terry Green.

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City News Service and Patch staffer Emily Holland contributed to this post; Image via J. Money/Flickr

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