Costs Reversed For Redetermination After Future Retrial Or After Appellate Remand in Indian Casino Development Case.
The Fourth District, Division One Court of Appeal recently reversed a $30 million interference judgment, based on an inconsistent jury verdict, in an Indian casino development drama that was played out in San Diego County Superior Court.
After the jury verdict came in, the trial court awarded the winning tribe $205,930 in costs as against Harrah’s (the losing defendant) and also awarded Caesar’s (winning defendant) $69,356.20 in costs against tribe.
Because a new trial was ordered, the costs award against Harrah’s would have to be revisited after a retrial. Caesar’s costs award was interwoven with the award to tribe, so the trial court on remand had to reconsider an award to Caesar’s.
The POOF! case is Pauma Band of Luiseno Mission Indians v. Harrah’s Operating Co., Inc., Case No. D050667 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished).