Inland Casino Corp. v. Superior Court

Good Law

10 Cal. Rptr. 2d 497·1992 Cal. App. LEXIS 968·8 Cal. App. 4th 770·92 Daily Journal DAR 10857·92 Cal. Daily Op. Serv. 6835

Court of Appeal of CaliforniaAugust 4, 1992D016805California2,537 words

Opinion

Todd, J.

Inland Casino Corporation (Inland) seeks a writ of prohibition or mandate after the court overruled its demurrer to a cause of action to foreclose a mechanic’s lien. Because we conclude the cause of action could possibly affect Indian trust land, we grant the petition pursuant to Boisclair v. Superior Court (1990) 51 Cal.3d 1140 [ 276 Cal.Rptr. 62 [ 801 P.2d 305 ].

Factual and Procedural Background

The Barona Band is a federally recognized Indian tribe (the Tribe) with a governing body recognized by the Secretary of the Interior. The Barona reservation (the Reservation) is located in the County of San Diego and consists of “Indian lands” as defined in the Indian Gaming Regulatory Act. Inland operates a casino located on the Reservation for the Tribe. Inland contracted with FSE for the fabrication and installation of over $200,000 in kitchen equipment at the bingo hall. After the equipment was installed Inland refused to pay in full.

FSE, Inc. filed a mechanic’s lien against the “Barona Bingo Hall Addition.” FSE then filed this action against Inland asserting 10 contract, common count, and fraud causes of action seeking money damages. In the 11th cause of action FSE…

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