California Valley Miwok Tribe v. California Gambling Control Commission

California Appellate Court Orders Cal. Miwok to Pay Costs in Revenue Sharing Matter

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. Ct. App. — 4th Dist.): D068909

An excerpt:

Plaintiff California Valley Miwok Tribe (the Tribe) appeals from the trial court’s award of costs in favor of defendant California Gambling Control Commission (the Commission), following the Commission’s successful summary judgment against the Tribe in its lawsuit seeking an order requiring the Commission to pay over the funds to the Tribe from the Indian Gaming Revenue Sharing Trust Fund (RSTF). The Tribe contends that it is protected by tribal sovereign immunity from incurring any obligation to pay costs to the prevailing defendant in a lawsuit that it initiated. As we will explain, the Tribe’s position lacks merit, and accordingly we affirm the award of costs.

Related materials here.

California Valley Miwok Tribe v. California Gambling Control Commission Complaint

Matthew L.M. Fletcher

Here:

1 Complaint

California COA Decides Gaming Revenue Sharing Dispute involving California Valley Miwok Tribe

Matthew L.M. Fletcher1 Comment

Here is the opinion in California Valley Miwok Tribe v. California Gambling Control Commission:

D064271

An excerpt:

California Valley Miwok Tribe (the Tribe) appeals following a summary judgment in favor of defendant California Gambling Control Commission (the Commission). In granting summary judgment, the trial court ruled that until the federal Bureau of Indian Affairs (BIA) indicates, by entering into contract for federal benefits with the Tribe, that an internal tribal dispute about the Tribe’s membership and leadership has been resolved, the Commission is justified in continuing to hold in trust for the Tribe certain funds generated from Indian gaming in California that the Commission is required to distribute to the Tribe on a quarterly basis. As we will explain, we conclude that the trial court properly granted summary judgment in favor of the Commission, and accordingly we affirm the judgment.

Briefs here:

Appellant Brief

Intervenor Brief

Respondent Brief

Appellant Reply

Calif. COA Briefs in California Miwok Tribe v. Calif. Gambling Control Commission II

Matthew L.M. Fletcher

Here:

Tribal Opening Brief

CGCC Response Brief

Intervenors Brief

Tribal Reply Brief

Earlier proceedings here.

California Valley Miwok Tribe v. Cal. Gaming Commission Petition for Review

Matthew L.M. Fletcher

Here: California Miwok Petition for Review

Lower court materials here.

California Court of Appeals Holds that California Valley Miwok Has Standing to Sue Cal. Gaming Commission

Matthew L.M. Fletcher2 Comments

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.