Schwarzenegger
California Commerce Casino, Inc. v. Schwarzenegger
Opinion
Opinion
Klein, J.
Opinion following the sustaining without leave to amend of a demurrer interposed by defendants and respondents Arnold Schwarzenegger in his official capacity as Governor of the State of California, Tom Campbell in his official capacity as Director of the California Department of Finance, and California Infrastructure and Economic Development Bank (I-Bank) (defendants).
Plaintiffs and appellants California Commerce Casino, Inc., and Michael Sana (collectively, plaintiffs) appeal a judgment of dismissal
SUMMARY STATEMENT
As a preliminary matter, this court has subject matter jurisdiction over the appeal. Government Code section 63048.8, subdivision (e), added by section 4 of Assembly Bill No. 687 (2003-2004 Reg, Sess.) (Assembly Bill 687), insofar as it provides for direct review by the California Supreme Court of certain matters, is unconstitutional because it abridges the Court of Appeal’s appellate jurisdiction. (In re Perris City News (2002) 96 Cal.App.4th 1194, 1197 [ 118 Cal.Rptr.2d 38 ].)
The essential issue presented on appeal is the statute of limitations applicable to this action in which plaintiffs are challenging the constitutionality of Assembly Bill 687, a…