Ameriloan
Ameriloan v. Superior Court
Opinion
Opinion
Perluss, 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 , 754-755 [ 140 L.Ed.2d 981 , 118 S.Ct. 1700 ] (Kiowa).) That immunity extends to a tribe’s for-profit business entities when the entity is operating on behalf of the tribe. (See Agua Caliente Band of Cahuilla Indians v. Superior Court (2006) 40 Cal.4th 239, 247-248 [ 52 Cal.Rptr.3d 659 , 148 P.3d 1126 ] (Agua Caliente); Redding Rancheria v. Superior Court (2001) 88 Cal.App.4th 384, 388-389 [ 105 Cal.Rptr.2d 773 ] (Rancheria).)
Five companies providing short-term loans to California residents over the Internet seek a writ of mandate compelling the trial court to vacate its order denying their collective motion to quash service of summons in this action by California’s Department of Corporations (Department) to enforce various provisions of the California Deferred Deposit Transaction Law (DDTL) (Fin.…