Trudgeon

Trudgeon v. Fantasy Springs Casino

Good Law
1999 Cal. App. LEXIS 349·71 Cal. App. 4th 632·84 Cal. Rptr. 2d 65·99 Daily Journal DAR 3749·99 Cal. Daily Op. Serv. 2930
Court of Appeal of CaliforniaApril 21, 1999E022141California4,557 words

Opinion

Opinion

Richli, J.

Plaintiff appeals from summary judgment for defendants in this action for personal injuries sustained at an Indian gaming casino. He principally contends the court improperly extended the Indian tribe’s sovereign immunity to a tribal corporation formed to operate the casino. We conclude the purpose and activities of the corporation were so closely related to those of the tribe that the corporation must be considered an extension of the tribe for immunity purposes. Accordingly, we affirm the lower court.

I

Factual and Procedural Background

The Cabazon Band of Mission Indians (the Tribe) is a federally recognized Indian tribe. Defendant Cabazon Bingo, Inc. (Cabazon Bingo) is a corporation organized by the Tribe which operates Fantasy Springs Casino (Fantasy Springs), a gaming and entertainment complex located on tribal land. Plaintiff and his wife visited Fantasy Springs on or about September 17, 1995, to eat supper and play bingo. At the time, plaintiff was 66 years old.

As the couple left the casino to go to their car after the bingo game, a fight broke out among other patrons. Although plaintiff was not a participant in the fight, he was knocked off his feet by the…

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