Ackerman

Ackerman v. Edwards

Good Law
121 Cal. App. 4th 946·17 Cal. Rptr. 3d 517·2004 Cal. App. LEXIS 1361·2004 Daily Journal DAR 10259·2004 Cal. Daily Op. Serv. 7701
Court of Appeal of CaliforniaAugust 18, 2004C045118California2,972 words

Opinion

Opinion

Raye, J.

Plaintiffs Lorena Ackerman et al. (Ackerman) claim membership in the Redding Ranchería Tribe (Ranchería), a federally recognized Indian tribe. Ackerman filed a petition for writ of mandate against defendant members of the Ranchería Tribal Council (Council) challenging a resolution adopted by the Council. The resolution set forth procedures for conducting hearings on the reconsideration of a member’s enrollment in the tribe. Lorena Ackerman and her fellow plaintiffs argued the resolution violated their right to due process under the Ranchería’s constitution and the Indian Civil Rights Act (ICRA).

In response, the Council filed a motion to quash service of summons, a motion to dismiss, and a demurrer. The trial court granted the motion to quash, finding it lacked jurisdiction over Ackerman’s claim. Ackerman appeals, arguing the trial court possesses jurisdiction under the ICRA, and the resolution, by shifting the burden of proof to Ackerman, denied Ackerman’s right to due process. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The Ranchería

The Ranchería is a federally recognized Indian tribe operating pursuant to a constitution adopted in 1987 and…

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