Winner accuses California Lottery of wrongfully denying second half of prize
By Kate Northrop
The California winner who claimed half of a $395 million Mega Millions jackpot sued the California Lottery for the other share of the prize, alleging that he is entitled to the second half.
On Friday, Faramarz Lahijani filed a lawsuit against the California Lottery for the other half of the $395 million Mega Millions jackpot, which expired over the weekend.
The lawsuit, obtained by Lottery Post, names the California State Lottery Commission, the California Lottery, and the State of California as defendants. In it, Lahijani alleges that he purchased both identical winning tickets at the Chevron gas station on Ventura Boulevard in Encino.
The numbers he used to buy the tickets "were long ago chosen by his children," and he has been "regularly" playing them for 30 years. They matched all five white ball numbers and the Mega Ball number in the Dec. 8 2023 drawing, which were 21, 26, 53, 66, and 70, with Mega Ball number 13.
After the drawing, Lahijani was able to locate one of the identical tickets, but since then has been unable to find the other. They were the only two jackpot-winning tickets in the draw and were therefore each valued at $197.5 million, or about half the $395 million jackpot.
Documents state that Lahijani purchased two Mega Millions tickets and "has not been paid the entire amount as the sole winner, and that he is "entitled to the entire jackpot from the 12/8/23 drawing as the sole winner."
The main supporting argument in the filings is Lahijani's belief that the California Lottery, the California Lottery Commission, and the State of California have sufficient information to prove that Lahijani is the rightful winner of the jackpot.
Additionally, the winner alleges that the purchase of lottery tickets created a contractual relationship between himself and the California Lottery. In breaching their contract and "unreasonably failing to honor" Lahijani's claim for the entire jackpot, the documents say, the Lottery did not uphold their "mandatory duty to ensure that the California State Lottery is administered and operated with integrity, security, honesty, and fairness."
The claim specifically accuses the Lottery of failing to enforce its own rules by improperly denying a valid prize-winning ticket. The California Lottery has allegedly not provided an explanation for why they did not identify Lahijani as the purchaser of both winning tickets.
Since the second winning ticket was due to expire on Dec. 8, 2024, Lahijani also submitted an official claim on Dec. 4, 2024 for the ticket "out of an abundance of caution to preserve all rights which he has to the entire December 8, 2023 Mega Millions jackpot."
The plaintiff goes on to say that he has suffered, and will continue to suffer, financial losses and interest from his would-be full jackpot amount as a result of the Lottery's refusal to award him both halves.
"Plaintiff has suffered financial hardship and emotional distress, including but not limited to, embarrassment, anxiety and mental anguish, all to his general damage in a sum in excess of $50,000.00," the lawsuit states.
Lahijani is seeking a resolution in which the Lottery declares him the owner of the second winning ticket and therefore the rightful claimant to the remaining funds from the $395 million Mega Millions jackpot.
Lahijani's lawsuit also covers the possibility that the Lottery does not determine that he purchased the second winning ticket, which cites California Lottery rules and regulations in effect as of the drawing on Dec. 8, 2023.
In the guide to California Lottery Regulations, a "winner" is defined as "a Player who is not a Disqualified Person, who legally acquires a winning Ticket and owns it at the time it is determined to be a winning Ticket either by a Draw or by scratching the play area."
By classifying himself as a "winner" under the Lottery's official rules and regulations, Lahijani is aiming to convey that he is still entitled to be awarded the entire Mega Millions jackpot, including the $197 million portion where no winning ticket was presented.
However, Lottery Post notes that the lawsuit does not quote the definition in full. It goes on to say: "Except as otherwise provided in these regulations, a Winner need not have purchased the Ticket; however, the Winner must Claim the Prize.
Under California Lottery rules and regulations, claiming a prize includes presenting a valid winning ticket alongside a claim form. The Lottery states the following under section 5.5.3. Delivery of Tickets and Claims:
"Winners bear sole responsibility for ensuring that winning Tickets or WVT Claim Receipts and Claim Forms reach the Lottery intact and within the applicable Claim Period. The Lottery is not responsible for Claims until they are successfully delivered to the Lottery. The Lottery is not responsible for late Claims or for postage-due, misdirected, misdelivered, stolen, or lost Tickets or Claims."
Under section 5.5.4. Security of Tickets, the Lottery also maintains that "players are solely responsible for securing their Tickets against theft, loss, damage, or destruction."
Next, the lawsuit cites a California Lottery regulation that states "winners for each prize level in a particular draw share equally in the prize pool for that prize level," which refers to California's pari-mutuel state laws regarding lottery prize amounts.
The lawsuit refers to this rule because it supports the plaintiff's argument that he is, by definition, the sole winner of the jackpot since there was no other claimant who submitted a valid ticket for the prize.
"As such, because plaintiff is the only "winner" by virtue of his having timely submitted the first matching ticket, plaintiff is entitled to the entirety of the jackpot from defendants," papers read.
Lahijani is seeking a declaratory judgment confirming him as the winner of the entire $395 million Mega Millions jackpot, as well as damages and costs incurred due to the suit. The plaintiff is demanding a trial by jury, the document concludes.
The case is currently pending. It was assigned to Judge Holly J. Fujie on Monday.
l did bet my life that both tickets are not quick pick and l also suggested one person bought both tickets by mistake maybe drinking too much so l will live to tell another day 😃🧑🎄
Can't see him winning the lawsuit and CA Lottery paying it. Lotteries require a winning ticket be presented, and he only presented one.
He's just being greedy. He won a big sum, isn't that enough?
If he kept track of his tickets, he wouldn't be in this mess.
Ridiculous lawsuit by a greedy person. Longstanding lottery policy is that jackpots are divided amongst winning tickets. No second valid winning ticket was presented and denied. I find it unbelievable that he would have divided up the tickets and stored them in different places.
I'd sure like to be "suffering" his financial losses. Sorry dude- no tickey, no prizey.
Woof, ridiculous? I think if I was in his position I would do the same thing. Clearly the guy purchased both tickets but lost one. If they have surveillance footage in the store it would be easy to prove he purchased it because the ticket purchases are date-stamped. So it's simply a matter of whether or not the courts would say that proof is enough to override the precise letter of the rules. I would roll the dice and go for it myself. If you're being honest, I think you would do the same for a shot at another $200M!
I would not do so. My best guess is that there is no video available or it was already checked. There is no statement alleging what is his proof and if there was video or other proof, he would have alleged that fact. The initial burden of proof is on him, not on the lottery.
They were his regular numbers but did he buy both of them at the same time or did he forget he bought one the day before and just repurchased it the next day. He should get the money but asking for damages and back interest on the unclaimed portion should not be awarded to his negligence of not securing the other ticket.
Of course if they go by time sale of tkt, that cld be the case
I always step to side and check my tickets
he may have overlooked and time stamp cld see if the computer was down and hesitated printing the tkt, something went wrong
Good thought
I I did that b4 but had the other tkt at home and cld not remember and played again to be sure
Another article has a quote by the lottery stating that it was only possible for the tickets to be purchased in separate transactions.
Common sense, dude. You need the other ticket to claim the second amount. He is definitely being greedy. Take your nice win and enjoy life.
I'm with Todd on this one, If I knew I had bought both tickets and couldn't find the other ticket then why not take it to the courts and see what they say.
Isn't California the state that "confiscates" the video from stores that sell the big jackpot tickets?
This additional info makes me think the second ticket was a quick pick.
Sorry Artist but the odds are insurmountable that someone got a quick pic that duplicated his long playing numbers and then lost the ticket and both tickets were purchased at the same location making it even more unlikely.
If two winning tickets are sold and one does not get claimed, isn't that equivalent to only one winning ticket being sold? Why should the government be awarded the second prize? Even if the winner of the first ticket didn't have a valid claim that he purchased both tickets, he should get the prize as if his was the only ticket.
When playing the same numbers on both Mega millions and Powerball it's very easy to make a mistake after 35 yrs this is exactly what happened to him But should we feel sorry for him at least he still has $197,000,000
Read the other articles. And, yes, it has happened before. I think a QP was printed out.
Just cuz the other person's an idiot doesn't mean you can call dibs on the whole. I don't think he bought the second ticket as he waited till the last day and the rules clearly state that it's your responsibility to protect your ticket. Don't expect someone else to clean up your mess.
"Plaintiff has suffered financial hardship and emotional distress, including but not limited to, embarrassment, anxiety and mental anguish, all to his general damage in a sum in excess of $50,000.00,"
This is outright laughable.
I agree that it's highly unlikely but doesn't mean it's impossible.
My gut feeling says it's a QP too.
So a quick pic came out of the same gas station that had the same winning numbers that he played there for over 30 years and the purchaser of that quick pic ticket lost it. Yes, that happens maybe every 8 months or so all the time.
If he did indeed buy both tickets, and the video evidence shows him buying both tickets, then he should get the other half of the jackpot.
The key to proving this is to get the video evidence. If I had bought both tickets, I would have called the store manager and had him look at the time stamped times to see what it showed. Then I would have paid the store manager to backup the video evidence to a flash drive (this is very easy to do with security camera systems -- I can do it in 2 minutes on the security DVR that I have)
A few years ago, I called a QuickTrip store when I saw a charge on a debit card that I thought was too large. I didn't remember that I took out $40 in cash in the same transaction, and the video showed it. Video evidence is great at proving the truth.
* l agree.
Even if he did purchase the second ticket he shouldn't have a claim unless he presents the other ticket. This sets a bad precedent.
Only exception would be if it was something out of his control. Stupidity shouldn't be rewarded.
I agree.
I do not view this case any better than the DC guy who purchased a PB ticket when the wrong winning numbers were posted online.
Again, as a plaintiff, why is the complaint not stating the store video would show he purchased both tickets? That would be his best evidence but interestingly, he is not making that claim. He is being very vague. Saying the lottery knows and he always plays those numbers has zero evidentiary value.
I think the lottery knows a lot more than it is saying due to the litigation.
I suffer from the same delusions as this guy. Id be the winner if I made the bet and have the ticket! Sorry pal the ticket is a " bearer instrument" You need to have the ticket
I wonder what was discussed when he cashed in his ticket earlier this year? He might have mentioned it to lotto officials .... and they may have told him "whoever" won with the 2nd ticket has one year to claim. This guy waited it out so that the lottery could weed out any and all fraudsters from making a claim.
I'm surprised we haven't read about any "other" claimants like we did with Edwin Castro.
At any rate ... Id suggest all parties concerned take a few deep breaths and go to their kitchen and prepare for themselves a liverwurst sandwich with ........
I can smell BS when he said he'd been playing the same numbers for 30 years. Next BS alarm went off when he said his kids picked the numbers which is the most ridiculous thing in the lawsuit.
The Mega Millions matrix only had 1-56 until October 2013 and was changed to 1-75 towards the end of October 2013. So how could he have played the numbers 66 &70 for 30 years when they didn't even exist until 11 years ago?
I'd dismiss the lawsuit and laugh in his face on that alone.
Were they 1 yrs old when picked the numbers?