Metropolitan News-Enterprise


Monday, January 29, 2024


Page 3


Ninth Circuit:

O.C. Man Must Pay Nevada Gambling Debts


By a MetNews Staff Writer


A Huntington Beach interior designer and real estate investor did not create a triable issue of fact by disclaiming that his markers, held by the MGM Grand Hotel in Las Vegas, were authentic, the Ninth U.S. Circuit Court of Appeals held on Friday, affirming a summary judgment in favor of the hotel/casino.

Kevin Chang Sheng Long claimed that he doesn’t owe the sums claimed because he was “not present in Las Vegas on the days those instruments are dated.” A three-judge panel said in a memorandum opinion:

“Under Nevada law, however, a casino may complete a credit instrument after it has been signed….And Long’s credit application expressly granted MGM permission to complete the date information on the markers. Long, moreover, made significant payments on the markers, amounting to $1,864,675 of his $8,660,400 debt. All facts on the record are therefore consistent with the existence of a valid agreement between MGM and Long.”

Long insisted that even if he agreed to make payments, his consent was invalid because he was too drunk at the time. The panel responded that any such defense requires a prompt disaffirmance, and said:

“Long points to no evidence that he disaffirmed any agreement with MGM. On the contrary, the record shows that Long made multiple payments on the markers between 2018 and 2020. MGM sent Long a letter in March of 2021 providing him with the total amount of his outstanding debt and warning him that it would seek to enforce the debt unless he disputed its validity within 30 days. The record contains no evidence that Long ever responded. Accordingly, even if Long has raised a valid dispute regarding his level of intoxication, the undisputed facts show that Long ratified the markers after his visit to MGM.”

The panel was composed of Ninth Circuit Judges Johnnie B. Rawlinson and Holly A. Thomas and Eighth Circuit Judge Michael J. Melloy, sitting by designation.

The case is MGM Grand Hotel v. Long, 22-16950.


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