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California Commerce Casino, Inc. v. Scwarzenegger, B188220

In an action involving challenges to a bill ratifying gaming compacts between the state and Indian tribes, an appeal from dismissal pursuant to a demurrer brought by defendants, Governor Schwarzenegger and others, is dismissed as untimely where: 1) the court has subject matter jurisdiction over the appeal, and a statutory provision purporting to abridge the court's jurisdiction is patently unconstitutional; 2) plaintiffs' appeal is governed by validation statutes, and thus, their notice of appeal was untimely; and 3) the trial court properly held the entire complaint was barred by the 60-day statute of limitations applicable to validation proceedings.

Appellate Information

  • Decided 01/23/2007
  • Published 01/23/2007

Judges

  • KLEIN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Manatt, Phelps & Phillips, Ronald B. Turovsky and Joanna S. McCallum, Los Angeles, for Plaintiffs and Appellants., Howard Rice Nemerovski Canady Falk & Rabkin, Steven L. Mayer, San Francisco, for Hollywood Park Land Co., LLC, et al. as Amici Curiae on behalf of Plaintiffs and Appellants.

  • For Appellees:
  • Bill Lockyer, Attorney General, Robert L. Mukai, Assistant Attorney General, Sara J. Drake and Kenneth R. Williams, Deputy Attorneys General, for Defendants and Respondents., Fred J. Hiestand, Sacramento, for the Pala Band of Mission Indians, the Pauma Band of Mission Indians, the Rumsey Band of Wintun Indians, the United Auburn Indian Community and the Viejas Band of Kumeyaay Indians as Amici Curiae on behalf of Defendants and Respondents.
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