Tentative Ruling on Motion for Leave to Withdraw

Rincon Band v. Flynt, Case No. 2018-58170

Jan. 8, 2021, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This action began as one for nuisance, unfair competition, and civil conspiracy; it was initially brought by two Native American tribes against eleven cardroom defendants operating in Southern California. The original plaintiffs, who sought injunctive relief and damages, contend the cardroom defendants are illegally using "TPPs" to offer "banked card games" which by law only the tribes may offer in California. ROA 1, paragraphs 47-50.

The court incorporates the minutes for March 6, 2020 (ROA 188) for further background. On that day, the court sustained defendants' demurrer to the SAC without leave to amend in a detailed ruling which focused primarily on standing. Plaintiffs filed a notice of appeal from the ensuing judgment of dismissal (ROA 194-197), and the appeal remains pending at this time. ROA 214.

Presently, counse