Judge Sets “Non-Moveable” December 21 Trial to Decide Legality of DraftKings’ California Operations
A federal judge in Northern District of California set a non-movable merits trial for Dec. 21, 2026 in Zhicheng Zhen v. DraftKings to decide whether DraftKings’ daily fantasy sports operations in California are illegal. Plaintiffs seek an injunction that could bar the games. DraftKings says it continues operating despite a 2025 California AG opinion that daily fantasy violates the Penal Code.
How this was made

The 30-second read
Why it matters
The court’s scheduling indicates the dispute will be decided on the merits quickly, with potential remedies described as prohibiting misrepresentations and, if the game is unlawful, prohibiting the game itself in California.
Market read
For DKNG, the key new development is the court’s firm trial date and the explicit framing that an injunction could bar the game in California if unlawful.
What to watch
The article does not state the likelihood of an injunction before trial, nor does it provide procedural details on interim relief, which could be the key near-term driver.
Background
The case Zhicheng Zhen et al. v. DraftKings Inc. is in the U.S. District Court for the Northern District of California, with plaintiffs seeking a quick merits resolution.
Ticker impact
DraftKings faces a December 21, 2026 merits trial in federal court to decide whether it can continue daily fantasy sports operations in California.
Elevated volatility into the December 21, 2026 trial, with downside risk if the court signals likely illegality or grants injunctive relief.
The article discloses a firm merits trial date and frames potential remedies as prohibiting the game itself if unlawful, which is directly material to DKNG’s California revenue exposure.
Market effects
Highlights regulatory/legal uncertainty for daily fantasy sports and adjacent online gaming models in state-by-state enforcement.
California-focused litigation could affect other operators’ risk models for operating in California.
Limited direct global impact, but reinforces broader scrutiny of online gambling legality frameworks.
Counterpoint
Even with a fast merits trial, the outcome is uncertain; DKNG may argue its operations are lawful despite the Attorney General’s 2025 opinion.
Key entities
- companyDraftKings Inc.
Defendant in a federal case over the legality of its daily fantasy sports operations in California.
- judgeJudge Charles R. Breyer
Federal judge who set a non-movable merits trial date for December 21, 2026 and discussed possible injunction scope.
- regulatorCalifornia Attorney General (2025 opinion)
Issued an opinion concluding daily fantasy sports violate California’s Penal Code, cited as background for the litigation.



