Brown

Brown v. Garcia

Good Law
17 Cal. App. 5th 1198·225 Cal. Rptr. 3d 910
Court of Appeal of CaliforniaOctober 31, 2017A150374California3,268 words

Opinion

lead Opinion

Siggins, J.

*1200 This action is between two groups of the Elem Indian Colony Pomo Tribe (the Tribe), the "Brown faction" (plaintiffs) and the "Garcia Council" (defendants). Plaintiffs sued the Garcia Council over allegedly defamatory statements published in a notification that warned they would be disenrolled if the Tribe's General Council found them guilty of specified crimes. The trial court ruled the lawsuit was barred by sovereign immunity and dismissed the complaint. We affirm.

BACKGROUND

This action arose against a decades-long backdrop of disputes over Tribal leadership. In 2016 defendants disseminated an *912 "Order of Disenrollment" (the Order) that accused plaintiffs of multiple violations of tribal, state and federal laws. The Order stated, " '[i]f you are found guilty by the General Council of these offenses against the Tribe, you may be punished by: a. DISENROLLMENT-loss of membership.' "

Plaintiffs sued defendants for defamation and false light based on the allegations of misdeeds described in the Order. The complaint stated that defendants "purport to be the elected Executive Council of the Tribe," but asserted they were unprotected by sovereign immunity because they acted…

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