Here is the opinion from the California Court of Appeals in Ameriloan v. Superior Court — ameriloan-v-superior-court-opinion
This appears to be a case similar to one decided recently in the Colorado Court of Appeals, Colorado v. Cash Advance, the so-called “Rent-A-Tribe” case. There, as in this case, the state appellate court reversed a lower court decision not to quash a summons against these instant loan companies, or payday lenders. The legal theory was, and is, that the company is owned by an Indian tribe and therefore immune from suit in state court.
This case involves the Miami Tribe of Oklahoma and the Santee Sioux Tribe, the same tribes involved in the Colorado case.
2 Comments
April 15, 2009 at 11:14 am
[...] Cash Advance v. State ex rel. Suthers. We have posted on this case before (here and here). There was a similar case in California involving the same [...]
August 24, 2009 at 9:59 am
[...] Payday loan operations — Currently up for review in the Colorado Supreme Court are franchises owned by two tribes doing business as payday loan operators and attempting to avoid state process and investigation (here). A related California case is here. [...]