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May 1999: Kelly v. First Astri Corp

In 1999, banking games were illegal on and off of Indian Reservations. 3. “Banking game” As we have discussed, section 330 prohibits (among other things) the playing or carrying on, for money, of “any banking ... game played with cards....” In Western Telcon, supra, 13 Cal.4th at page 487, 53 Cal.Rptr.2d 812, 917 P.2d 651, our high state court explained the definition of “banking game”: “When one party wagers simultaneously against a number of others on the outcome of a game, the scheme is a called a banked game or, in the words of our statute (§ 330), a ‘banking game.’ This court first defined **817 the term ‘banking game’ in People v. Carroll (1889) 80 Cal. 153, 157-158, 22 P. 129, accepting as ‘suffi-ciently accurate’ the definition given by a witness at trial: ‘ “[A] game conducted by *474 one or more persons where there is a fund against which everybody has a right to bet, the bank being responsible for the payment of all the funds, taking all that is won, and paying out all that is lost. The fund which is provided for that purpose is generally called the bank, and the person who conducts it the banker.” ’ With variations in phrasing, this definition has been accepted and applied by California courts in many cases since. (See, e.g., Tibbetts v. Van de Kamp [1990] 222 Cal.App.3d [389,] 393, 271 Cal.Rptr. 792; Sullivan v. Fox [, su-pra,] 189 Cal.App.3d 673, 678, 235 Cal.Rptr. 5; In re Lowrie (1919) 43 Cal.App. 564, 566, 185 P. 421.) As succinctly stated in People v. Ambrose (1953) 265 P.2d 191, 122 Cal.App.2d Supp. 966, 970:

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