Lawsuit: Adjourned Creepy505 V. KukkiNekko [2023] DCR 12

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Creepy505
Plaintiff

v.

KukkiNekko
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF
KukkiNekko's casino at s025 has slot machines. In the slot machine area there are machines and a sign that says only play if light is on. As Creepy505 went to play a few machinesCreepy505 looked at the how to play and it said he would hear a sound depending on whether he won or lost. When he played the machine he heard no sound. He did it a few more times and came to realize that the machines were not working without a notice posted saying they are out of order. Furthermore the lights were on leading him to believe everything was functioning.

I. PARTIES
1. Creepy505
2. KukkiNekko

II. FACTS
1. The machines do not work despite the light showing that they work
2. The sound for winning or losing was not played despite the individual using the machine as seen in the video on the drive link
3. He spent a total of 600 dollars on the machines

III. CLAIMS FOR RELIEF
1. He was cheated out of 600 dollars by a broken machine which the defendant did not state anywhere that it was out of order
2. This is fraud.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. He is asking for 600 dollars in monetary damages

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 5th day of June 2023

Evidence attached: Google Drive: Sign-in

 

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
INJUNCTION

The Plaintiff requests that the Defendant does not tamper with the slot machines in question while the lawsuit is ongoing.

 

[Banana]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@kukkinekko is required to appear before the District Court in the case of Creepy505 v. KukkiNekko [2023] DCR 12.

Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@kukkinekko is required to appear before the District Court in the case of Creepy505 v. KukkiNekko [2023] DCR 12.

Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

Your honor the plaintiff requests a default judgement as the defendant has not given a statement

 

[Bibsfi4a]

Your honor , I am the one representing Kukkinekko , I request a 24 hour extension as my internet was down all day.

Proof of representation-

 

[Banana]

I will grant the extension, you have 24 hours from this point to make your response.

 

[Bibsfi4a]

Your honor the defence would like a motion to summary if the plaintiff agrees.

 

[Beanfart505]

Your honour the plaintiff agrees with a motion to summary.

 

[Banana]

Verdict

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
Creepy505 v. KukkiNekko [2023] DCR 12

I. PLAINTIFF’S POSITION
1. The Plaintiff used a gambling machine at the Defendant’s casino, which was supposed to have a light indicator of being in working order.
2. The machine was supposed to play a sound on being used, which it did not. The light continued to show that the machine was working.
3. The Plaintiff spent $600 on this machine.
4. This constitutes fraud on the Defendant’s part.

II. DEFENSE’S POSITION
1. The Defendant agreed to summary judgment.

III. COURT’S OPINION
1. Fraud is defined as “an intentional or reckless misrepresentation or omission of an important fact, especially a material one, to a victim who justifiably relies on that misrepresentation; and the victim party or entity suffered actual, quantifiable injury or damages as a result of the misrepresentation or omission.”
2. Gambling fraud is defined as "The act of fraudulently explaining how a certain gambling game works”.
3. In this case, it is the opinion of the Court that the Plaintiff did rely on the fact that the light is an indicator of a functioning machine, as is justifiable by the placement of the signs.
4. The Court does not, however, see from the evidence provided by the Plaintiff, any indication that the Defendant was acting intentionally or recklessly. Intentionality or recklessness is very hard to establish when the Plaintiff has not provided any evidence that the Defendant knew or was made aware of the issue at any time. The Defendant does not even appear in the evidence provided at all.
5. As the burden of proof lies on the Plaintiff, it is the opinion of the Court that the Plaintiff has not satisfactorily provided proof that the Defendant was acting intentionally or recklessly when explaining how the gambling game works. It certainly could have happened that way, but for a Court setting, there is not enough proof provided by the Plaintiff to find that the Defendant committed an act of fraud.

IV. VERDICT
I hereby find in favor of the Defendant.

The court thanks both parties for their time. This case is hereby adjourned.