Legal update

Almeida Law Group Files Opposition to PrizePicks’ Motion to Dismiss in California Gambling Litigation

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Overview

Almeida Law Group, along with Cutter Law P.C., Tycko & Zavareei LLP, and Weitz & Luxenberg PC, filed an opposition to Defendant’s motion to dismiss in Franks et al. v. SidePrize LLC d/b/a PrizePicks, Case No. 3:25-cv-04916-CRB, challenging the legality of PrizePicks’ fantasy sports contests under California law.

September 18, 2025  — Almeida Law Group, together with Cutter Law P.C., Tycko & Zavareei LLP, and Weitz & Luxenberg PC, has filed a forceful opposition to Defendant PrizePicks’ motion to dismiss in a consumer protection lawsuit pending in the Northern District of California. 

The case, Franks et al. v. SidePrize LLC d/b/a PrizePicks, challenges the legality of PrizePicks’ daily fantasy sports contests under California law. Plaintiffs allege that PrizePicks has operated an illegal gambling enterprise in California since 2018, in violation of Penal Code § 337a(a)(6), while misleading consumers into believing its services are lawful. 

The opposition, filed on September 18, 2025, argues that PrizePicks’ “Pick ‘Em” contests are not games of skill, but illegal wagers placed directly against the house. Plaintiffs cite a July 2025 opinion from the California Attorney General confirming that daily fantasy sports contests violate California’s gambling laws. 

The filing also rebuts PrizePicks’ attempt to invoke the public policy doctrine to shield itself from liability, arguing that California law permits statutory claims under the Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA), even in the context of illegal gambling. 

The motion is scheduled for hearing on October 31, 2025, before Judge Charles R. Breyer. Plaintiffs seek restitution and injunctive relief on behalf of a proposed class of California consumers. 

Almeida Law Group continues to advocate for consumers misled by unlawful business practices and remains committed to holding companies accountable under California law. 

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