California Court of Appeals

Pechanga Disenrollment Dispute – Salinas v. Barron

Matthew L.M. Fletcher

The California Court of Appeals (4th Dist., Div. 2) decided Salinas v. Barron, another in the series of cases involving the Pechanga Band’s various membership disputes. This case involves the disenrollment of the plaintiffs in LaMere v. Superior Court, 131 Cal. App. 4th 1059 (2005).

From the opinion:

In LaMere, the plaintiffs were members of the Pechanga Band of Temecula Luiseo Mission Indians (the Band); the defendants were members of the Band’s enrollment committee. The defendants had allegedly commenced proceedings to disenroll the plaintiffs, in violation of the Band’s own laws. This court held that the trial court lacked jurisdiction of the dispute.
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Rinaldo Corp. v. Nevada Gold & Casinos (Cal. App. 5th) — Gaming Management/Development Dispute

Matthew L.M. Fletcher

This case involves a tortious interference with contract claim by Rinaldo that Nevada Gold involving the Timbisha Shoshone Indian Tribe. The California Court of Appeals (5th Dist.) (unpublished) affirmed the trial court decision finding no underlying contract between Rinaldo and Timbisha with which to tortiously interfere.

Here is the opinion.

Appellant Brief

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Santa Ynez Band of Mission Indians v. Torres — Bankruptcy Code and Tribal Sovereign Immunity

Matthew L.M. Fletcher

This is a case out of the Second District of the California Court of Appeals. The question was whether Congress intended to waive the sovereign immunity of Indian tribes in the US Bankruptcy Code. There appears to be a split of authority on the subject, with the Ninth Circuit [Krystal Energy Co. v. Navajo Nation] saying yes, and the Tenth Circuit [In re Mayes] and an Iowa district court [In re National Cattle Congress] saying no. The Cal. App. followed the Ninth Circuit case. It is unpublished.

Here are the materials:

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