SECTIONS 1811 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1811

1811. (a) Following the issuance of the bonds as specified in
Section 63048.65 of the Government Code and during the term of the
bonds, if it reasonably appears that the exclusive right of an Indian
tribe with a designated tribal compact, as defined in subdivision
(b) of Section 63048.6 of the Government Code, pursuant to Section
3.2(a) of that compact has been violated, the tribe may seek a
preliminary and permanent injunction against that gaming or the
authorization of that gaming as a substantial impairment of the
rights specified in Section 3.2(a), in order to afford the tribe
stability in its gaming operation and to maintain the bargained-for
source of payment and security of the bonds. However, no remedy other
than an injunction shall be available against the state or any of
its political subdivisions for a violation of Section 3.2(a). The
Legislature hereby finds and declares that any such violation of the
exclusive right to gaming under Section 3.2(a) is a substantial
impairment of the rights specified in that section and will cause
irreparable harm that cannot be adequately remedied by damages. No
undertaking shall be required on the part of the tribes in connection
with any action to seek the preliminary or permanent injunction.
(b) Notwithstanding any other provision of law, the parties to an
action brought pursuant to subdivision (a) may petition the Supreme
Court for a writ of mandate from any order granting or denying a
preliminary injunction. Any such petition shall be filed within 15
days following the notice of entry of the superior court order, and
no extension of that period shall be allowed. In any case in which a
petition has been filed within the time allowed therefor, the Supreme
Court shall make any orders, as it may deem proper in the
circumstances.