Rincon Band of Luiseno Mission Indians v. California
Plaintiff, Rincon Band of Luiseno Mission Indians of the Rincon Reservation (Rincon), appeals from a judgment of dismissal following an order sustaining without leave to amend the demurrers of defendants State of California (the State), the California Gambling Control Commission (the Commission), Governor Arnold Schwarzenegger, and former Attorney General William Lockyer. The complaint alleges breach of a compact between the State and Rincon and seeks an award of monetary damages. The trial court sustained the demurrers on the ground of sovereign immunity. Rincon contends on appeal that the State waived sovereign immunity. court do not resolve that issue. Instead, Court conclude the demurrers should have been sustained for a more fundamental reason the complaint fails to state a claim for breach of contract. court therefore affirm the judgment of dismissal.
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