California Court of Appeals — Fifth District

California COA Decides Picayune Rancheria of the Chukchansi Indians v. North Fork Rancheria of Mono Indians

Matthew L.M. Fletcher

Here are the available materials:

Opinion

Picayune Opening Brief

State Answer Brief

Picayune Reply 

North Fork Reply

California COA Decides Stand Up for California! v. State of California

Matthew L.M. Fletcher

Here:

F069302A

An excerpt:

After deciding California law empowers the Governor to concur, the Supreme Court transferred this case back to us with directions to vacate our decision and reconsider the matter in light of United Auburn. We conclude the facts of this case are distinguishable from those in United Auburn because at the November 2014 general election California voters rejected the Legislature’s ratification of the tribal-state compact for gaming at the Madera site. As described below, we conclude the people retained the power to annul a concurrence by the Governor and the voters exercised this retained power at the 2014 election by impliedly revoking the concurrence for the Madera site. As a result, the concurrence is no longer valid, and the demurrer should have been overruled.

California COA Decides Contract Dispute Involving Chukchansi

Matthew L.M. Fletcher

Here are the materials in Osceola Blackwood Ivory Gaming Group v. Picayune Rancheria of Chukchansi Indians:

Opinion

Opening Brief

Respondent Brief

Split Cal. COA Holds Gov. Brown’s Concurrence in North Fork Compact is Invalid

Matthew L.M. Fletcher

Here are the opinions in Stand Up For California v. State of California (PDF). An excerpt from the lead opinion:

The judgment is reversed. The Governor’s concurrence is invalid under the facts alleged in this case. Plaintiffs have stated a cause of action for a writ of mandate to set the concurrence aside on the ground that it is unsupported by legal authority. The matter is remanded for further proceedings, and the trial court is directed to vacate its order sustaining the demurrers and enter a new order overruling them.

Briefs:

Appellant Brief

California Brief

Reply Brief

Appellant Supplemental Brief

California Supplemental Brief

North Fork Supplemental Brief

California Court of Appeals Briefs in Stand Up for California v. State of California

Matthew L.M. Fletcher

Here:

North Fork Rancheria Opening Brief

California Answer Brief

Stand Up for California Answer Brief

North Fork Reply

Unpublished Placement Preferences Case out of California

Kate Fort

Troubling reasoning that if the Tribe did not ask for nor provide a placement, the court did not have to abide by ICWA placement preferences.

Here.

California Appeals Court Declines to Halt Tejon Ranch Development (Cultural Resources)

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Center for Biological Diversity v. Kern County (Cal. App.):

CBD v Kern County

An interesting footnote in the opinion (note 8 on page 48:

Delia “Dee” Dominguez, a Native American who, as will be seen, was designated as one of those “most likely descended” from the inhabitants of the area (§ 5097.98), objected in a comment letter to the use of the term Tejon Tribe. She pointed out that the inhabitants of the area were of several distinct tribes, and stated that “the Ranch should not be allowed to rely on made-up tribes to cover their actions.”