Tag Archives: California Court of Appeals — First District

California SCT & COA Materials in Huber Tax Case

Here are the materials in Huber v. People ex rel. Becerra (Cal.): Huber-Navarro-Petition-for-Review-04-Apr-Apr-2019-STAMPED And in People ex rel. Becerra v. Huber (Cal. Ct. App.) [we posted materials here]: Navarro-Appellant’s-Opening-Supplemental-Brief-15-Nov-2018-FILE-STAMPED Navarro-Appellant’s-Petition-for-Rehearing-09-Oct-2018-FILE-STAMPED Navarro-Appellant’s-Supplemental-Reply-Brief-06-Dec-2018-FILE-STAMPED

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , , , ,

California Appellate Court Holds State Taxes Imposed on Tribal Member Not Preempted

Here are the materials in People ex rel. Becerra v. Huber (Cal. Ct. App.): opinion-1.pdf appellant-opening-brief.pdf respondent-brief.pdf reply-brief.pdf appellant-supplemental-brief.pdf appellee-supplemental-reply.pdf appellant-supplemental-reply.pdf

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , ,

California COA Reinstates Lawsuit against Tribal Lawyers

Here is the unpublished opinion in Fernandez v. Marston: Fernandez v Martson An excerpt: Two unwitting pawns in a bitter, protracted leadership dispute between rival factions of an Indian tribe, appellants Shawn Fernandez and Brian Auchenbach, took part in a paramilitary … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

California COA Affirms Attorney Fees Award against Tribe

Here is the opinion in Findleton v. Coyote Valley Band of Pomo Indians: A150444 Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , ,

California COA Allows Most State Law Claims against Indian Smokeshop under PL 280

Here is the opinion in People ex rel. Beccera v. Huber: A144214

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, taxation | Tagged , , ,

California Appellate Court Affirms Dismissal of Silvia Burley Suit against California Gambling Control Commission under Anti-SLAPP Rule

Here is the unpublished opinion in California Miwok Tribe v. Everone: d072141

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research | Tagged , , ,

California COA Vacates RLUIPA Judgment Favoring Indian Prisoner

Here is the opinion: In re Rhodes

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , ,

Calif. COA Decides Scope of Tribal Immunity Waiver Matter

Here is the unpublished opinion in Federal Indians of Graton Rancheria v. Kenwood Investments (Cal. Ct. App. — First Dist.): Federated Indians of Graton Rancheria v. Kenwood Investments An excerpt: The trial court’s ruling that the Tribe waived sovereign immunity with … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , ,

Unpublished ICWA Notice Case out of California Detailing Mistakes in Notices

Here. If you see me present in the next year, be warned that at the first question about notice and how long it takes for a tribe to respond, I may just read this opinion out loud. As a reminder, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 3 Comments

California Appellate Court Finds Waiver of Tribal Immunity in Dispute over Authority of Council to Waive Immunity

Here is the opinion in Findleton v. Coyote Valley Band of Pomo Indians (Cal. Ct. App.). An excerpt: This appeal requires us to determine whether a Native American tribe known as the Coyote Valley Band of Pomo Indians (the Tribe) … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | 1 Comment