Scientific Games' machines excluded the last horse from every race in its "QuickPick" program for more than 6 months, a class action claims in Superior Court.

The complaint states in Paragraph 11 that "the QuickPick program excluded the last horse in every race from the betting slips."

Two paragraphs later, it states, "The glitch was finally admitted when a Bay Meadows bettor played 1,300 quick picks and noticed that not one included the number 20 horse."

The complaint does not elucidate specifically whether the last horse was excluded in races with fewer than 20 horses, though Paragraph 11 indicates that was the case.

The named plaintiff claims that "Although Defendants were aware of the problem as of Nov. 1, 2007, the Defendants failed to notify the betting public. Instead, the Defendants kept the problem to itself [sic] and attempted to correct 'for' the problem with 'new software.' The glitch was finally admitted when a Bay Meadows bettor played 1,300 quick picks and noticed that not one included the number 20 horse. The public was not alerted to the problem until after May 19, 2008 - months after the Defendants knew of the problem and week after the Bay Meadows better complained to the State Board. As a result of the 'glitch,' thousands of Class members paid for 'QuickPick' bets without any chance of a 'QuickPick' payment."

Named plaintiff Angel Romero says he bought QuickPick tickets for races at Fairplex Race Track, Santa Anita, Hollywood park and Pacific Coast Quarter Horse, all in Southern California.

He is represented by William Audet of San Francisco and Thomas Ferlauto with King & Ferlauto of Los Angeles.