Ameriloan v. Superior Court — Tribal Sovereign Immunity & Instant Loan Companies

Here is the opinion from the California Court of Appeals in Ameriloan v. Superior Court — ameriloan-v-superior-court-opinion

This appears to be a case similar to one decided recently in the Colorado Court of Appeals, Colorado v. Cash Advance, the so-called “Rent-A-Tribe” case. There, as in this case, the state appellate court reversed a lower court decision not to quash a summons against these instant loan companies, or payday lenders. The legal theory was, and is, that the company is owned by an Indian tribe and therefore immune from suit in state court.

This case involves the Miami Tribe of Oklahoma and the Santee Sioux Tribe, the same tribes involved in the Colorado case.