Who Owns the $12.8 Million Lottery Ticket? Judge Pauses Circle K Legal Battle

A legal battle over a $12.8 million Arizona Lottery ticket is moving forward, but a Maricopa County judge says one major question must be answered first: Who actually owns the winning ticket?

The dispute involves three parties: Circle K, two former employees, and a customer who originally requested the lottery tickets but couldn't afford the full purchase.

The case dates back to November 24, 2025, when a customer visited a Circle K near 56th Street and Bell Road. She requested $85 worth of tickets for The Pick lottery game but had only $60. The remaining tickets were left unpaid at the store.

The following morning, store manager Robert Gawlitza discovered that one of those tickets had won the jackpot. He later clocked out and asked coworker Marline Ybarra to process the purchase.

Gawlitza claims Circle K had an informal policy requiring employees to purchase lottery tickets worth more than $20 if customers printed them but failed to pay.

However, Circle K took possession of the winning ticket and fired Gawlitza. The company argues that Arizona Lottery rules give retailers ownership of printed but unsold tickets.

Attorney Josh Kolsrud, representing Gawlitza and Ybarra, challenged that position, arguing that Circle K changed its stance once the ticket became worth millions.

Judge Pauses Most Legal Claims

Kolsrud filed seven counterclaims against Circle K, including:

• Unjust enrichment

• Conversion

• Breach of contract

Circle K asked the judge to dismiss all seven claims. The judge declined but temporarily paused six of them, ruling that the ownership question must be resolved before those claims can proceed.

The judge emphasized that Friday's decision did not determine who owns the $12.8 million ticket. Instead, the court must first establish ownership before considering the remaining legal arguments.

Kolsrud described the ruling as a "very wise decision." Attorneys representing Circle K and the customer also agreed with the judge's approach.

What's Next in the Case?

Both sides must submit legal briefs by December 4 explaining whether the case should be decided by a jury or the judge.

Circle K and the customer's attorney argue that a jury trial isn't necessary, while Kolsrud believes the parties may have the right to have a jury decide the dispute.

The judge is scheduled to consider the issue at a December 15 hearing.

Circle K had not immediately responded to requests for comment on Friday.

For now, the $12.8 million prize remains at the center of a complicated legal fight, with ownership still undecided.