California Court of Appeal

In claim brought by companies providing short-term loans to state residents over the internet, petition for writ of mandate compelling trial court to vacate its denial of their collective motion to quash service of summons is granted in part and denied in part where the trial court did not address whether the companies operate as "arms of the tribe" for purposes of the tribal sovereign immunity doctrine and the court erroneously concluded that: 1) tribal sovereign immunity did not apply to off-reservation commercial activity; 2) application of the tribal sovereign immunity doctrine in this enforcement action would intrude on California's exercise of state sovereignty protected by the Tenth Amendment to the United States Constitution; and 3) each of the tribes affiliated with the loan companies had affirmatively waived its immunity and consented to be sued in state court.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Fredericks Peebles & Morgan, John M. Peebles and John Nyhan, Sacramento, for Petitioners., Preston Dufauchard, Wayne Strumpfer, San Francisco, Alan S. Weinger, Los Angeles, and Uche L. Enenwali, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.