Rio wins right to sue man over claims its suites are only rooms

Tuesday, June 6, 2000 | 10:58 a.m.

CARSON CITY -- A Los Angeles attorney, who complained the Rio Suite hotel-casino in Las Vegas engaged in deceptive advertising by calling its rooms "suites," can be sued in a Nevada court, the state Supreme Court ruled Monday.

Robert Baker spent one night at the Rio in March 1997 and complained personally and later through letters to the hotel-casino that it was engaging in false advertising. He demanded the Rio delete the word "suite" from its name and advertisements. He then threatened to file a lawsuit.

There were exchanges of letters between the Las Vegas hotel and Baker, who then offered to settle without going through the courts. He sought $50 each for all prior California Rio guests or a free night's stay and $5,000 for attorney fees.

The Rio then filed suit, asking the District Court in Las Vegas for a declaratory judgment that it was not violating Nevada or California law by use of the term "suite." Baker was named in the suit and was served with the complaint on Aug. 9.

But he filed a motion to quash the suit, saying he was not subject to Nevada courts. The Nevada Supreme Court said the District Court in Las Vegas has "specific jurisdiction over Baker arising from his hotel stay." It denied Baker's petition and returned the case to the courts in Las Vegas for further proceedings.

Baker maintains the rooms are not suites because they do not have a separate seating area partitioned by some sort of architectural feature. The Rio insists they are and wants District Court in Las Vegas to agree.