State of California v. Superior Court

The office of the Attorney General, representing the State of California (State), seeks a writ of mandate or prohibition and a stay preventing the trial court from compelling the State to be joined as a defendant in this lawsuit.

Penal Code section 326.5 defines what constitutes a legal bingo game and makes it a misdemeanor to conduct bingo games except in accordance with the statute. St. Mary’s Catholic Church (Church) and Selectro-Vision, Limited have brought a civil action against the City of National City (City) in the superior court, seeking declaratory relief and an injunction to prevent criminal prosecution of the Church’s contemplated use of Selectro-Vision’s electronic computer-controlled bingo system which permits playing 40 bingo cards simultaneously. Plaintiffs contend City has informed them the device is an illegal gambling device, based on two earlier opinions from the office of the Attorney General, and therefore the City will prosecute Church if it uses the device. (Those opinions are 66 Ops.Cal.Atty.Gen. 276 (1983) and 67 Ops.Cal.Atty.Gen. 528 (1984).)

At the suggestion of City, but without a formal joinder motion, the trial court ordered the State of…