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AMERICAN VANTAGE v. TABLE MOUNTAIN

No. F038121.

126 Cal.Rptr.2d 849 (2002)

103 Cal.App.4th 590

AMERICAN VANTAGE COMPANIES, Plaintiff and Appellant, v. TABLE MOUNTAIN RANCHERIA, Defendant and Respondent.

Court of Appeals of California, Fifth District.

Rehearing Denied November 26, 2002.

Review Denied March 5, 2003.

Attorney(s) appearing for the Case

Jeffer, Mangels, Butler & Marmaro, Shopoff & Cavallo, Jeffrey W. Shopoff and Gregory S. Cavallo, San Francisco, for Plaintiff and Appellant.

Sonnenschein, Nath & Rosenthal, Paul E.B. Glad, Gary A. Hernandez, San Francisco, and Paula M. Yost, Lang, Richert & Patch and Val W. Saldana for Defendant and Respondent.

OPINION

LEVY, J.

Appellant, American Vantage Companies, challenges the dismissal of its complaint for breach of contract filed against Table Mountain Rancheria (Table Mountain), a federally recognized Indian tribe. The trial court concluded that the complaint was completely preempted by federal law, specifically the Indian Gaming Regulatory Act (IGRA), in that appellant's claims threatened to directly affect or interfere with the tribe's gaming operations...

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