Baby Needs New Shoes.

Plaintiff brought an action to recover his funds after he entered into an oral agreement with defendant by which he transferred two sets of funds to defendant, one to play poker according to plaintiff’s specific instructions where it was legal to do so and the other as a loan for defendant’s living expenses. The trial court sustained defendant’s demurrer without leave to amend on public policy grounds because the contract involved a gambling consideration. The Court of Appeal reversed and remanded, stating: “In this case, we hold that an action lies to recover funds advanced by one party to another, to enable the latter to engage in legal gambling where the agreement reserves the right of the party advancing the money to terminate the relationship and recover money not expended.” Kyablue v. Watkins  (Cal. App. Second Dist., Div. 4; November 6, 2012) 210 Cal.App.4th 1288.