Monday, January 24, 2011

Tribe that Cheated its Citizens, the Pechanga Band asks Judge to Throw out City of Temecula's Lawsuit

The Pechanga Band of Luiseño Indians, well known for defrauding and stealing from some 25% of its membership, asked a federal judge to throw out a lawsuit filed against the tribe by the city of Temecula, saying the court does not have jurisdiction in the case.

"The city (cannot) establish this court's jurisdiction because the tribe possesses sovereign immunity," attorneys for the tribe wrote in court papers filed Tuesday.

Temecula City Attorney Peter Thorson said Friday he had expected the request.
"Jurisdiction and sovereignty are always issues in any lawsuit filed against tribes," Thorson said. "... I'm confident that case law and the tribal-state compact will support the city's position in the lawsuit."

Attorneys for the tribe said in court papers the only waiver to a tribe's sovereignty in the compact is limited to actions between a tribe the state, not any other entity or individual person.

Temecula sued the tribe over a dispute that centers on a March agreement with the tribe.

The city contends the pact called on the tribe to pay the city at least $2 million annually to cover the city's casino-related expenses, such as police service.

The city expected the $2 million in June. But the tribe said the pact was not final until talks with Riverside County concluded. Pechanga is seven months past due in payment to the City of Temecula, and now moving on 6 years of per capita theft from one family, and 5 years from another, that total theft is

The city also contends that under the tribal-state compact, Pechanga must prepare an environmental impact report to support the expansion of its gaming operation.

Attorneys for the tribe wrote the expansion amounted to installation of slot machines, not construction or expansion projects, and does not require the study.

They also said the machines were added before a 2008 amendment to the compact that requires an environmental study before "commencement of a project."

A hearing on the lawsuit dismissal request is scheduled for March 7 in federal court in Los Angeles.
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12 comments:

  1. stand your groundJanuary 24, 2011 at 2:36 PM

    If the Tribe says that the talks with Riverside County is not yet concluded, then why don't they "conclude" this.
    Who and What is stopping Pechanga from "CONCLUDING"?
    Is anyone else sick of Pechangas dirty and corrupt behavior or is it just me?

    Always hiding their illegal doings behind sovereignty, it stinks to high heaven.

    ReplyDelete
  2. AnonymousJanuary 24, 2011 at 5:25 PM

    I agree. If I were the city I would not respond to ANY calls near the reservation. I would cancel phone, power, etc. services because who can make them pay?

    really, not paying your bills is bad business. If the city makes life difficult who will visit the casino? you won't get help anyway...

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  3. AnonymousJanuary 24, 2011 at 7:14 PM

    The case should be dismissed on the 7th,it would turn the indian nation upside down if the court heard it.

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  4. AnonymousJanuary 24, 2011 at 7:14 PM

    The case should be dismissed on the 7th,it would turn the indian nation upside down if the court heard it.

    ReplyDelete
  5. AnonymousJanuary 24, 2011 at 9:14 PM

    Why be concerned about turning the Indian Nation upside down?

    The Pechanga Nation has become one of corruption, they don't deserve any sway from the courts.

    Pechanga gain notoriety for weakening tribal sovereignty.

    ReplyDelete
  6. 'aamokatJanuary 24, 2011 at 10:12 PM

    "A hearing on the lawsuit dismissal request is scheduled for March 7 in federal court in Los Angeles."

    What a cushy job to be an attorney representing Pechanga you never have to ever argue the merits of any case just figure out the procedures to get cases dimissed.

    I think any of us could say, "we are a sovereign nation and it is nobody else's business what we do."

    Do you think they are hiring?

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  7. 'aamokatJanuary 24, 2011 at 10:16 PM

    Not that I would work for them anyway but it would be nice to see Pechanga defend their actions on the merits for a change.

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  8. stand your groundJanuary 25, 2011 at 7:05 PM

    Would be nice to sweep these cockroaches out.
    Is there a job opening for that?

    ReplyDelete
  9. AnonymousJanuary 26, 2011 at 10:23 AM

    The tribe (or indian tribes)can,t be sued the case will be tossed out of court.It is a waste of time for the city to file it.

    It does not take much for the tribe to file a motion to dismiss,and perhaps not even show up in court!

    (as seen in the past).

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  10. creeperJanuary 26, 2011 at 10:23 PM

    You never know, the city just might win this one.

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  11. AnonymousJanuary 29, 2011 at 12:21 AM

    congress must see this corruption or too busy with all the other messes ,sovereignty has been all these years a shield for criminal activities of PECHANGA STRIP PECHANGAS SOVEREIGN RIGHTS NOW !!they are shaming all tribes and destroying their own people

    ReplyDelete
  12. AnonymousJanuary 29, 2011 at 12:09 PM

    I am lost ,the courts have to rule a crime has been committed first,has that happened?

    ReplyDelete