After several months of inaction on the case, partially because of the defendant’s inability to be served, the Mike Postle/Stones Gambling Hall cheating case looks to be moving forward in California. Part of this is because of actions by the attorneys for Stones, who have made a motion of dismissal as to the civil suit filed against Postle and Stones.
Basis of Dismissal – The Players are “Upset Losers”
In an action that is sure to earn Stones Gambling Hall support from the gaming community, attorneys from Stones Gambling Hall have stated that the civil suit brought by 68 players against them is simply sour grapes on the part of the players. “This lawsuit reflects the oldest complaint of gamblers – that their lack of success meant they were cheated,” the attorneys for Kings Casino LLC, the ownership behind Stones Gambling Hall, stated. The motion doesn’t take up any of the allegations from the civil suit as to the cheating allegations, however, preferring to continue attacking the players.
Stones Gambling Hall attorneys have said that they should not be held liable in the case because “Postle won too many hands of poker from them.” “Stones had no stake in who won,” the motion declares. “All Stones did was provide a venue for the poker game…plaintiffs decided whether they wanted to play, for how long, how much to bet and in which hands to participate.”
As to their motion for dismissal, Stones Gambling Hall attorneys are looking for adjudication in an April 16 hearing. The lawsuit has some serious ramifications as the plaintiffs in the case are seeking around $30 million in damages. Stones Gambling Hall lawyers are maintaining that this is not allowed under California law. The law in California allows for, if it is proven in a court of law, that damages not exceed actual gambling losses.
The attorney for the plaintiffs, “Mac” VerStandig, has declared that he will fight the motion from Stones vigorously. “I find it regrettable that they have elected to portray my clients as sore or otherwise frustrated losers,” VerStandig said to Sam Stanton of the Sacramento Bee. “But we look forward to responding to their legal contentions through the judicial process and will do so in due course.”
What is interesting as to the Stones motion is that they at no point make any statements for one of their employees who is also named in the civil suit nor do they say that there definitely wasn’t any cheating or colluding occurring. The Stones’ tournament director, Justin Kuraitis, is also named in the civil suit as a co-conspirator, along with Postle, but Stones makes no moves to defend Kuraitis. All the motion focuses on is absolving Stones Gambling Hall of any responsibilities in the case.
Postle to Respond to Civil Suit This Month
While it was a travail to get him into the courtroom, the person alleged to have concocted the Stones scheme, Mike Postle, will be responding to the civil suit later this month.
VerStandig tried for several months to serve Postle with the paperwork regarding the civil suit, a requirement under California law, but was unable to have a process server do the job. VerStandig tried to contact attorneys who said they were representing Postle, but they stated they were only defending Postle against any criminal actions and weren’t responsible for any civil cases facing the defendant. Taking it up for himself, VerStandig finally reached the point where he staked out the home of Postle and, after repeatedly making it known that he was there to serve the legal paperwork, utilized California law to “serve” Postle without actually handing him the paperwork.
Postle, who has now admitted that he has no attorney for any civil action and will represent himself (leading one to remember an old adage), was originally supposed to respond to the civil case at the end of February. In a very generous gesture, VerStandig and the plaintiffs allowed Postle extra time to prepare a defense. Postle is now expected to respond to the civil action on March 24.
