Appeals court dismisses lawsuit for Soboba Band casino contract

Wednesday, August 17, 2011  

The Soboba Band of Luiseno Indians did not waive sovereign immunity in a contract with a casino vendor, a California appeals court ruled.

The tribe entered into a contract with California Parking Services for valet services at the Soboba Casino. The agreement called for disputes to be settled by an arbitrator "acceptable to both parties."

But the contract did not contain a provision that would have allowed a state court to compel arbitration in the face of the tribe's sovereign immunity. For that reason, the Fourth Appellate District upheld the dismissal of the lawsuit.

"Courts construe waivers of a tribe's sovereign immunity strictly and hold a strong presumption against them," the court wrote. "This hurdle can only be overcome if a tribe's waiver was clear and unequivocal."

Turtle Talk has posted documents from the case, CPS v. Soboba Band.

Get the Story:
Tribal sovereignty clause omitted; appeal fails (The Riverside Press-Enterprise 8/17)

California Appeals Court Decision:
CPS v. Soboba Band (July 20, 2011)