Turtle Talk

Here is the opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. App. 4th Dist.).

An excerpt:

The California Valley Miwok Tribe (the Miwok Tribe) appeals from a judgment of dismissal following an order sustaining the demurrer filed by the California Gambling Control Commission (the Commission) on the basis that the Miwok Tribe lacked capacity or standing to pursue its action against the Commission. As we will explain, we conclude that the trial court improperly concluded that the Miwok Tribe lacked capacity or standing, and further that none of the other grounds for demurrer asserted by the Commission have merit. Accordingly, we reverse the judgment.