Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel

Plaintiff and appellant the Yavapai-Apache Nation (YAN) appeals from the trial court’s order granting the motion to quash service of summons filed by defendant and respondent Iipay Nation of Santa Ysabel (previously known as the Santa Ysabel Band of Diegueno Indians; Nation). YAN’s breach of contract action arose from alleged breaches by Nation of obligations contained in several related documents, including a multimillion dollar loan agreement that has been amended and restated numerous times, and that is accompanied by YAN’s written loan guaranty agreement of Nation’s performance of the loan agreement, also amended and restated numerous times. YAN’s complaint alleges that the documents amending the loan agreement, in particular the fourth amendment, signed by Nation’s tribal chairman on its behalf under a legislative authorization by Nation to engage in such a transaction, included valid waivers of tribal sovereign immunity that allowed dispute resolution in the California courts.

In response to the service of this California complaint, Nation brought its motion to quash service of summons on the ground of tribal sovereign immunity. Nation argued that no effective…