Kelly

Plaintiffs David M. Kelly, David R. Smith, and Dominick Spinale (collectively Kelly) appeal from a summary judgment in favor of defendants First Astri Corporation, Stanley Dru, and Ricci La Brake (collectively respondents) on Kelly’s fourth amended complaint for recovery of gambling losses at the Sycuan Gaming Center (the Sycuan Casino) located on the Sycuan Indian Reservation. Kelly, while providing the “bank” for card games of “twenty-one” (hereafter referred to as either twenty-one or blackjack ), allegedly suffered gambling losses in the approximate sum of $120,000 when respondents, as managers and employees of the Sycuan Casino, intentionally or negligently allowed the placement of “marked” cards in the decks used by certain blackjack dealers, thereby giving card-players participating in the alleged cheating scheme a substantial winning advantage over the dealer in each game in which the “marked” cards were used. Penal Code section 330 proscribes (among other things) the playing, carrying on, or conducting for money of games of twenty-one and “any banking . . . game played with cards . . . .”

The principal issue presented is whether on the undisputed material facts…