Wednesday, September 23, 2015
Corrupt Tribal Officials in CA Can Breathe Easier TODAY! Cosentino V. Fuller ordered Depublished
The CA Supreme Court has ordered the Cosentino v. Fuller, the decision that held that tribal officials can be held liable when they overstep their bounds, be depublished.
How do you do it? Well, by getting the court to believe a LIE. Pechanga attorney Lawrence, provided the court with "evidence" from the Great Western case. No matter that the court couldn't find the quotes anywhere in the actual decision. Don't sue me, Frank, bubby...here's from the court:
Defendants similarly argue their motivations in revoking Cosentino's license are irrelevant. According to Defendants, the Great Western Casinos court applied sovereign immunity to dismiss intentional
tort claims against tribal officials even though "'[t]he tribal council members' alleged motivations for these actions were plainly illegal and not expressly authorized under applicable law."' - (Rehearing Petition pp. 21& 22)- The Great Western Casinos decision, however, does not include his quote Defendants attribute to it and we have been unable to find that quote in any other reported case. Moreover, this rule also would conflict with Turner's statement tthat a tribal official may forfeit immunity by acting out of personal interests.
As Cosentino attorney Twietmeyer put it in his opposition:
Cosentino vs. Fuller should not be stricken from our state's case law based on the summary, slap-dash, ill-informed and (now) deliberately misleading arguments that have surfaced in the numerous depublication requests filed in this Court. Defendants' disgraceful request is the most potent illustration of why Cosentino vs. Fuller was correctly decided, for, if Defendants arguments had any merit Defendants would not need to fabricate law and evidence to support their position. Cosentino vs. Fuller should remain published.
What this means is that the Cosentino decision STANDS on it's merits, but there was NO NEW LAW made. Pechanga doesn't WIN here, the OTHER tribes do, as Cosentino can NO longer be used as case law.
The bad guys, and potential bad guys win.