Guardianship of Prieto v. City of Palm Springs

MEMORANDUM ORDER

This action is brought by Dora Joyce Prieto and Frank Prieto as guardians of Damon Patrick Prieto claiming damages against defendant for illegal interference with a reasonable expectancy. Plaintiff Damon Patrick Prieto is a minor child who is duly enrolled as member of the Agua Caliente Band of Mission Indians. Pursuant to the Mission Indian Relief Act of January 12, 1891, 26 Stat. 712 , and amendments thereto, plaintiff received an allotment of land from the Agua Caliente Reservation, geographically located within the boundaries of the City of Palm Springs.

Before April 30, 1938, the date of incorporation of the City of Palm Springs (hereafter “the City”), the United *717 States of America was holding title to certain lands as trustee for the exclusive use and benefit of the Agua Caliente Band of Mission Indians. Some of these lands and particularly the land in issue in this litigation are situated within geographical boundaries of the City. There is no record that the United States or any Tribal consent was ever obtained to the inclusion of these lands in the City.

Ownership of the 25-acre parcel here in question arises as a result of an exchange of…