Rose

People ex rel. Becerra v. Rose

Good Law
16 Cal. App. 5th 317·2017 Cal. App. LEXIS 900·223 Cal. Rptr. 3d 866
Court of Appeal of CaliforniaSeptember 28, 2017C080546California4,572 words

Opinion

lead Opinion

Nicholson, J.

*321 Defendant Darren Paul Rose, who is a member of the Alturas Indian Rancheria, ran two smoke shops, Burning Arrow I and Burning Arrow II, located in Indian country but far from any lands governed by the Alturas Indian Rancheria. In those smoke shops, Rose sold illegal cigarettes and failed to collect state taxes. The People of the State of California brought an enforcement action to stop illegal sales and collect civil penalties. Based on findings that Rose violated the California tobacco directory law and the California Cigarette Fire Safety and Firefighter Protection Act and failed to collect and remit state cigarette excise taxes, the superior court imposed civil penalties of $765,000 under the unfair competition law and granted injunctive relief to the People.

Rose contends on appeal that: (1) California and its courts do not have jurisdiction to enforce California's civil/regulatory laws for his actions in Indian country and (2) the amount of civil penalties imposed was inequitable and erroneous. We conclude that: (1) federal law and tribal sovereignty do not preempt California's regulation and enforcement of its laws concerning sales of cigarettes and (2) the superior…

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