Articles Posted in California Courts of Appeal

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Defendant Darren Rose, a member of the Alturas Indian Rancheria, ran two smoke shops located in Indian country but far from any lands governed by the Alturas Indian Rancheria. In those smoke shops, Rose sold illegal cigarettes and failed to collect state taxes. California brought an enforcement action to stop illegal sales and collect civil penalties. Rose appealed, arguing: (1) California and its courts did not have jurisdiction to enforce California’s civil/regulatory laws for his actions in Indian country; and (2) the amount of civil penalties imposed was inequitable and erroneous. The Court of Appeal concluded: (1) federal law and tribal sovereignty did not preempt California’s regulation and enforcement of its laws concerning sales of cigarettes; and (2) the superior court’s imposition of civil penalties was proper. View "California v. Rose" on Justia Law

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Defendant Shingle Springs Band of Miwok Indians (the Tribe) appealed a judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in plaintiff’s breach of contract action stemming from a deal to develop a casino on the Tribe’s land. On appeal, the Tribe argued: (1) the trial court lacked subject matter jurisdiction because Sharp Image’s action in state court was preempted by the Indian Gaming Regulatory Act (IGRA); (2) the trial court erred in failing to defer to the National Indian Gaming Commission’s (NIGC) determination that the disputed Equipment Lease Agreement (ELA) and a promissory note (the Note) were management contracts requiring the NIGC’s approval; (3) Sharp Image’s claims were barred by the Tribe’s sovereign immunity; (4) the trial court erred in denying the Tribe’s motion for summary judgment; (5) the jury’s finding that the ELA was an enforceable contract was inconsistent with its finding that the ELA left essential terms for future determination; and (6) substantial evidence does not support the jury’s verdict on the Note. After the parties completed briefing in this case, the United States was granted permission to submit an amicus curiae brief in partial support of the Tribe on the questions of preemption and lack of subject matter jurisdiction. The Court of Appeal concluded IGRA preempted state contract actions based on unapproved “management contracts” and “collateral agreements to management contracts” as such agreements are defined in the IGRA regulatory scheme. Thus, the trial court erred by failing to determine whether the ELA and the Note were agreements subject to IGRA regulation, a necessary determination related to the question of preemption and the court’s subject matter jurisdiction. Furthermore, the Court concluded the ELA was a management contract and the Note was a collateral agreement to a management contract subject to IGRA regulation. Because these agreements were never approved by the NIGC Chairman as required by the IGRA and were thus void, Sharp Image’s action was preempted by IGRA. Consequently, the trial court did not have subject matter jurisdiction. View "Sharp Image Gaming v. Shingle Springs Band of Miwok Indians" on Justia Law

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Officials of the California Department of Corrections and Rehabilitation (the Department) challenged the trial court's order granting a petition for writ of habeas corpus filed by Gregory Rhoades, a Native American prisoner incarcerated at Calipatria State Prison (Calipatria). In granting Rhoades's petition, the trial court concluded that the prohibition on the use of straight tobacco during prisoners' Native American religious ceremonies violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and it ordered the California Department of Corrections to "formulate and implement policies permitting and reasonably regulating the possession and use of straight tobacco" during those ceremonies. The Court of Appeals concluded the trial court improperly granted relief in favor of Rhoades without holding an evidentiary hearing on disputed factual issues, and reversed and remanded matter with directions that the trial court hold an evidentiary hearing. View "In re Rhoades" on Justia Law

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K.B. appealed a judgment terminating her parental rights to her two children, Jc.L. and Ja.L. K.B. contended the juvenile court erred in terminating her parental rights because the court failed to comply with "the inquiry/notice requirements" of the Indian Child Welfare Act (ICWA). After review of the trial court record, the Court of appeals concluded the trial court properly determined that the Agency did not violate ICWA's inquiry and notice provisions. View "In re J.L." on Justia Law