MISSION VIEJO : Losing Lotto Winner Plans to Sue State

An unemployed man from the Philippines said Tuesday that he will sue the state to prove that a day’s tardiness shouldn’t cost him $139,595 in lottery winnings.

State lottery officials, after more than three months of review, told the lawyer for 42-year-old Paul Manarang this week that he would not get any of the money because he failed--by a single day--to claim his prize within the 180-day limit.

Lottery Executive Director Chon Gutierrez had agreed to intervene in the case in March and review an earlier decision by his office to reject Manarang’s claim.

But in a letter received by Manarang and his lawyer Monday, Gutierrez wrote: “I take no pleasure in reaching this decision because of the closeness of the timing in filing the claim, but it is the only decision I can make given my limited jurisdiction.”

A frequent lottery player, Manarang said he had a friend buy him a $3 Quick Pick Lotto ticket on June 23, 1990. The ticket had five winning numbers and a bonus pick, but Manarang said he did not realize this until months later when he found the ticket inside the glove compartment of a car he was planning to sell.

Manarang then had the ticket validated Dec. 18 at a Lotto outlet--178 days after the ticket’s purchase--but did not have a relative file an official claim with the state until three days later, after the 180-day expiration, said his lawyer, Rick Eby of Laguna Niguel.

“I’m so sad of course about this, because this is the only chance I have of getting my sister here from the Philippines to get medical treatment” for a kidney problem, said Manarang, who worked until February as a clerk at Stop n’ Go in Mission Viejo.

Manarang and his lawyer promised to file a lawsuit against the state within the next several weeks to get the money they claim Manarang rightfully won.

Eby said that under his reading of state law, Manarang satisfied the 180-day requirement when he got the winning ticket validated at a retail outlet 178 days after buying it.

“Their interpretation of the California State Lottery rules is not correct,” he said.

But Jana Matal, a lottery spokeswoman, said: “Validating the claim alone won’t do it.” Winners of more than $100 must also notify the state lottery within 180 days, she said.

Added Joanne McNabb, another lottery spokeswoman: “The bottom line was the rules. The (lottery) director has no authority to do anything but apply the rules, and the rules are very explicit.”

Along with ruling on the tardiness of the claim, lottery officials also had to sort out the ticket’s ownership. Ultimately, however, they said that question had no bearing on the decision to reject the claim.

Manarang said he gave the ticket to his niece’s husband, Jason Shauf, to claim the winnings because Manarang--a Filipino citizen--said he was worried about his immigration status and did not want the publicity sure to come with a lottery prize.

Now, however, Manarang has gotten the publicity and none of the money. But he promises: “I can fight until the end--that is my right. . . . I have the ticket.”