Westly

FACTUAL AND PROCEDURAL BACKGROUND

Candace Cates, an enforcement officer with the California Division of Gambling Control, filed a taxpayer’s action for injunctive and declaratory relief against Controller Steve Westly, Attorney General Bill Lockyer and the Gambling Control Commission to require them to collect money which belongs to the state under the 1999 compacts mandating that certain revenue from tribal casinos be deposited into the state’s Special Distribution Fund. As Cates represents it, the complaint alleges the tribes are not paying the agreed-upon share and the Controller, Attorney General and Gaming Control Commissioners are not fulfilling their statutory duties to collect or require the tribes to account for the money.

The Controller and Attorney General moved for summary judgment on grounds that their offices are not responsible for collecting or accounting for contributions to the Special Distribution Fund because former Governor Davis delegated that responsibility to the California Gambling Control Commission by Executive Order No. D-66-03. After the motion was filed, Cates served deposition notices on Controller Westly, Attorney General Lockyer and…