Bell Gardens Bicycle Club v. Department of Justice

Good Law
1995 Cal. App. LEXIS 641·36 Cal. App. 4th 717·42 Cal. Rptr. 2d 730·95 Daily Journal DAR 9135·95 Cal. Daily Op. Serv. 5404
Court of Appeal of CaliforniaJuly 11, 1995B068368California16,043 words

Opinion

Opinion

Woods, J.

I.

Introduction

In this action coordinated from separate complaints filed in Alameda, Los Angeles, San Bernardino, and San Diego Counties, plaintiffs (or Card Clubs) obtained an injunction against defendant state and local officials from enforcing prohibitions against the play of jackpot poker.

Specifically, in August 1989 through January 1990, plaintiffs filed actions seeking declaratory and injunctive relief in the following cases: (1) Bell Gardens Bicycle Club et al. v. California Department of Justice (Super. Ct. L.A. County, No. C 735377) consolidated with Anthony Co. v. Van de Kamp (Super. Ct. L.A. County, No. C735460); (2) Tibbetts v. Van de Kamp (Super. Ct. Alameda County, No. 656612-0); (3) Casino Plaza, Ltd. v. City of Adelanto (Super. Ct. San Berdadino County, No. VCV 014719); and (4) Card Club Inc. v. Department of Justice (Super. Ct. San Diego County, No. N46140).

The Card Clubs’ lawsuits arose in response to the Attorney General’s August 21, 1989, opinion which stated that jackpot poker played for money in California is unlawful because it violates both constitutional and Penal Code proscriptions against lotteries. On and around September 20, 1989,…

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