Tribe Brought Case, So That Distinguished Immunity Given In Other Circumstances.
California Valley Miwok Tribe v. California Gambling Control Commission, Case No. D068909 (4th Dist., Div. 1 June 16, 2016) (unpublished) involved an Indian tribe which suffered an adverse routine costs ruling against it and in favor of the Commission in a case brought by Tribe. Tribe claimed that fees could not be assessed against it based on tribal sovereign immunity. (HINT TO ALL—This is a crucial defense you will face in any tribal case, unless there is a waiver or consent.) Both the lower and appellate courts determined the costs were properly assessed. Reason: Tribe, as plaintiff, brought the case such that it waived sovereign immunity and consented to the jurisdiction of the state court to impose normal process rulings, such as a costs award if Tribe did not prevail. Costs award affirmed, although the appellate court did note that the situation could be different if Tribe was a defendant or was brought in on a cross-complaint.