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SUTTER'S PLACE v. SUPERIOR COURT

No. H031317.

75 Cal.Rptr.3d 9 (2008)

161 Cal.App.4th 1370

SUTTER'S PLACE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; City of San Jose, Real Party in Interest.

Court of Appeal of California, Sixth District.

March 18, 2008.

Attorney(s) appearing for the Case

James McManis, Sharon Kirsch, Marwa Elzankaly, McManis, Faulkner & Morgan, San Jose, CA, for Petitioner.

Richard Doyle, Office of the City Atty., Nora Frimann, Chief Trial Atty., Joseph DiCiuccio and Colleen Dee Winchester, Sr. Deputy City Attys., San Jose, CA, for Respondent.

PREMO, J.

Petitioner Sutter's Place, Inc., operates a card room known as Bay 101 under a permit issued by real party in interest City of San Jose (City). City passed an ordinance that prohibits (1) operation of card rooms between 2:00 a.m. and 6:00 a.m., and (2) backline betting.1 Sutter's Place sued City to nullify the ordinance and for other relief. It underlay its legal theories with a...

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