Great Western Casinos, Inc. v. Morongo Band of Mission Indians

Plaintiff and appellant, Great Western Casinos, Inc. (GWC) is the successor in interest to the Morongo Band of Mission Indians’ gaming manager, EC Investments, Inc. GWC filed this action against defendants and respondents the Morongo Band of Mission Indians, its tribal council, the individual tribal council members, numerous individual tribal members, counsel for the Morongo Band, the law partnership of Alexander & Karshmer, and Barbara Karshmer, Inc., a member of Alexander & Karshmer. GWC’s complaint alleged claims for bad faith breach of contract, fraud, breach of fiduciary duty, constructive fraud, conversion, interference with business relations, abuse of process, civil violation of the Racketeer Influenced and Corrupt Organizations Act ( 18 U.S.C. § 1961 et seq. (RICO)), money had and received, imposition of a constructive trust, accounting and dissolution of partnership.

The trial court granted the defendants’ motion to quash and dismissed the action. The trial court found GWC’s action was barred by the separate and independent grounds of federal preemption and sovereign immunity. We affirm.

Facts and Proceedings Below

The Morongo Band of Mission Indians (Morongo…