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CALIF. COMMERCE CASINO v. SCHWARZENEGGER

No. B188220.

53 Cal.Rptr.3d 626 (2007)

146 Cal.App.4th 1406

CALIFORNIA COMMERCE CASINO, INC., et al., Plaintiffs and Appellants, v. Arnold SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Three.

January 23, 2007.

Attorney(s) appearing for the Case

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.

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.

KLEIN, P.J.

Plaintiffs and appellants California Commerce Casino, Inc. and Michael Sana (collectively, plaintiffs) appeal a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendants and respondents Arnold Schwarzenegger in his official capacity as Governor of the State of California, Tom Campbell in his official capacity as Director, California Department of Finance...

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