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TIBBETTS v. VAN DE KAMP

Docket No. A043289.

222 Cal.App.3d 389 (1990)

271 Cal. Rptr. 792

NORA TIBBETTS, Individually and as Executrix, etc., Plaintiff and Respondent, v. JOHN K. VAN DE KAMP, as Attorney General, etc., et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

July 27, 1990.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Morris Beatus, Ann K. Jensen and Enid Camps, Deputy Attorneys General, for Defendants and Appellants.

Ernst, Coyle & Lachowicz and Patrick Coyle for Plaintiff and Respondent.

Barash & Hill, Jerry M. Hill and Alexander H. Pope as Amici Curiae.

OPINION

STRANKMAN, J. —

I. Synopsis

Is the poker card game known as "Texas Hold'em" a form of "stud-horse poker" proscribed by Penal Code section 330?1 By her complaint for, inter alia, declaratory relief, respondent Nora Tibbetts, individually and as executrix of the estate of J.C. Tibbetts, deceased, doing business as the Oaks Card Room, a sole proprietorship,

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