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AMERILOAN v. SUPERIOR COURT

No. B203548.

169 Cal.App.4th 81 (2008)

AMERILOAN et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE ex rel. PRESTON DUFAUCHARD, as Commissioner, etc., Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

December 15, 2008.

Attorney(s) appearing for the Case

Fredericks Peebles & Morgan, John M. Peebles and John Nyhan for Petitioners.

No appearance for Respondent.

Preston Dufauchard, Wayne Strumpfer, Alan S. Weinger and Uche L. Enenwali for Real Party in Interest.

OPINION

PERLUSS, P. J. —

As a matter of federal law, absent congressional authorization or an Indian tribe's consent to suit, a federally recognized Indian tribe enjoys immunity from any suit in state court, even if the activity that is the subject of the lawsuit is purely commercial in nature or occurs on nontribal lands. (Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc. (1998) 523 U.S. 751

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