Caballero

BACKGROUND

After failing to get the relief he desires in federal courts, Caballero filed an action in El Dorado County Superior Court against members of the Shingle Springs Band of Miwok Indians tribal council, allegedly for conduct outside the scope of their positions on the tribal council. He alleged defendants are not of Miwok ancestry and have wrongly taken over the tribal council. On the other hand, he alleged he and others are true- blooded Miwok Indians and that he is the true chief. According to Caballero, defendants fraudulently took control of the Shingle Springs Band of Miwok Indians and thereby interfered with Caballero’s prospective economic advantage and violated California’s unfair competition law because he would otherwise be entitled to such control and its benefits. He seeks monetary damages and injunctive relief requiring “each of the council members sued herein as defendants to either prove up that they are true Miwok persons, or step aside and allow only Miwok-blooded tribespeople to control the tribal council.” Defendants appeared specially and moved to quash the summons and dismiss the action. The trial court granted the motion, concluding it did not have…