The declared winner of the record-breaking November $2.04 billion Powerball jackpot won a round in court when a judge found that a process server for a man who sued, insisting the prize is his, did not provide proper service when the plaintiff's court papers were instead presented to the defendant's father, whose name is identical except for the middle initial.
State officials have denied Jose Rivera's claim in his Alhambra Superior Court lawsuit against the California State Lottery Commission that he is the lottery winner. The commission maintains that Edwin G. Castro, also a defendant in the Rivera suit, is the proper winner as announced on Feb. 14.
In a ruling Wednesday, Judge William A. Crowfoot found that the person served with Rivera's complaint was actually Edwin G. Castro's father, Edwin H. Castro, who was not authorized to receive such papers on his son's behalf. The judge granted Edwin G. Castro's motion to quash service.
Edwin H. Castro says in a sworn declaration that a process server came to his Altadena home on April 25 to present the summons and the lawsuit.
"I told the process server that he was serving the wrong Edwin Castro, but he displayed little concern," the elder Castro says.
Edwin G. Gastro says in a separate sworn statement that he won the Nov. 7 jackpot, that he lives in Los Angeles and that he "never personally received a copy of the summons and complaint from a process server."
The judge said that although Rivera maintains he also sent a copy of the complaint and summons to the Los Angeles home, the plaintiff does not assert that the papers included notices of acknowledgment and a return envelope "as described by statute."
In his suit brought Feb. 22, Rivera maintains he bought the victorious ticket at Joe's Service Center in Altadena the day before the Nov. 8 drawing, but that it was stolen by someone identified only as "Reggie," a co- defendant in the suit, on the same day.
In subsequent court papers, Rivera's lawyers identified "Reggie" as Urachi F. Romero, who could not be reached for comment.
Rivera asked Romero numerous times to return the ticket, but he refused, telling that plaintiff among other things that the two could split the winnings if he found the ticket, according to the suit, which further states that Rivera refused to be blackmailed and reported the alleged theft to the commission and to law enforcement.
But in his court papers, Edwin G. Castro's attorney says there are no details in the lawsuit as to how his client allegedly obtained the winning Powerball ticket from anyone named Reggie.
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