EVENT DATE: EVENT TIME: DEPT.:

12/12/2008 08:30:00 AM C-65

JUDICIAL OFFICER:Joan M. Lewis

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE:

Civil - Unlimited CASE TYPE:

Demurrer / Motion to Strike

Contract - Other

37-2008-00075326-CU-CO-CTL

CALIFORNIA VALLEY MIWOK TRIBE VS. THE CALIFORNIA GAMBLING CONTROL

COMMISSION

CAUSAL DOCUMENT

/DATE FILED:

Demurrer, 09/02/2008

The requests for judicial notice are granted with the exception of Defendant's Ex. 3 on the basis the

Court was not provided with a conformed copy of the pleading.

alia, an "ongoing Miwok tribal leadership dispute." Earlier decisions concerning the Miwok Tribe, as well

as Judge Shubb's remand order, similarly confirm this ongoing dispute.

At the time of the hearing on this matter the Court would like to hear from counsel as to whether the

demurrer on the basis of CCP Sec. 389 should be sustained. The Court is curious as to how it can

proceed and find Plaintiff – through Ms. Burley – has standing when it appears clear there is a

leadership dispute and parties that may raise such a dispute are not before the Court. The Court would

also like to hear argument as to whether, given the leadership dispute, this Court would have jurisdiction

to proceed. The Court is of the preliminary opinion that the resolution of any leadership dispute would be

solely within the jurisdiction of the federal courts and that until such dispute – which would resolve the

standing issue – is resolved, this Court may be unable to proceed.