Caballero v. Cueller CA3

Filed 2/3/22 Caballero v. Cueller CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

CESAR CABALLERO,

Plaintiff and Appellant, C091774

v. (Super. Ct. No. PC20190492)

REGINA CUELLER et al.,

Defendants and Respondents.

The Shingle Springs Band of Miwok Indians controls the Verona Tract of the Shingle Springs Rancheria, on which it operates the Red Hawk Casino. Plaintiff Cesar Caballero alleges he is a true Miwok and that defendants, who are members of the tribal council of the Shingle Springs Band of Miwok Indians, are not Miwok-blood Native Americans and have interfered with his economic advantages as a true Miwok and chief. Based on these allegations, Caballero claims defendants have committed various torts against his interests by maintaining their positions on the tribal council and excluding him. The trial court quashed the summons and dismissed Caballero’s complaint,

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concluding, among other things, it did not have subject matter jurisdiction over the matter. As did the trial court, we conclude we do not have subject matter jurisdiction to determine proper members of the Shingle Springs Band of Miwok Indians and its tribal council. Because the determination of proper membership lies at the heart of all of Caballero’s claims, the trial court properly dismissed his action. We will affirm the judgment. 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 subject matter jurisdiction. DISCUSSION Caballero’s complaint was properly dismissed because every argument he makes is predicated on his allegation that he is a true member of the tribe and defendants are not.