In a lawsuit filed in the Court of Appeal of the State of California, First Appellate District, Division Four, Sutter's Place Inc. is appealing against the California Gambling Control Commission. The case ID is A168427 and it was filed on April 8, 2024. The plaintiff alleges that their application for an increase in gambling tables from 49 to 64 was unjustly denied by the defendant.
The dispute arose after the Commission rejected Sutter's request in April 2023, citing non-compliance with the Gambling Control Act (GCA) by a San Jose ballot measure (Measure H). The Superior Court sided with the Commission and denied writ relief to Sutter's Place.
Sutter's Place is now making three arguments: recent state legislation validates San Jose’s ordinance and abrogates the Commission’s decision; the Commission lacks authority to deny a gambling expansion application based on local authorizing measure's failure to comply with state law; and Measure H substantially complied with section 19961(c) of GCA, hence any defect should not have been a basis for denial.
The plaintiff seeks reversal of both the Commission's decision and Superior Court's ruling. They are asking for their application for more gambling tables to be granted.