August 14, 2026
San Francisco, California
The federal litigation against DraftKings—one of the largest daily fantasy sports providers in the country—has entered a decisive phase, with Judge Charles R. Breyer making clear that if DraftKings is “engaged in an unlawful practice, I don’t understand why the Court wouldn’t grant an injunction . . . prohibiting two things: One, on the lesser note, prohibiting misrepresentations. But, two, prohibiting the game itself. Because if the game is unlawful, the injunction would say you can’t play the game in California.” July 23, 2026 Tr. at 30:13-19.
Plaintiffs have pushed for a quick resolution of the case, and on August 14, 2026, the Court set a firm, non‑movable merits trial for December 21, 2026 to determine whether DraftKings will be prohibited from continuing its daily fantasy sports gambling operations in California.
DraftKings continues to operate in California, despite the Attorney General’s 2025 opinion concluding that daily fantasy sports violate California’s Penal Code.
“The Court’s message was unmistakable: this case will be decided on the merits, and it will be decided quickly,” said Wesley M. Griffith, California Managing Partner at the Almeida Law Group. “We look forward to vindicating our clients’ rights—and the rights of all Californians—at trial.”
The case is Zhicheng Zhen et al. v. DraftKings Inc. U.S. District Court, Northern District of California Case No. 3:25‑cv‑04618‑CRB. The operative Complaint is available here.
Plaintiffs are represented by Wesley M. Griffith and David McGee of the Almeida Law Group, Peter Silva, Kate Aizpuru, and Robert Devling of Tycko & Zavareei LLP, Brooks Cutter, Margot Cutter, and Charlie Stevens of Cutter Law P.C., and Jacksy Bilsborrow of Weitz & Luxenberg LLP.