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FRANCK Q ASSOCIATES Attorneys at Law 910 Florin Road, Suite 212 • • Cituz Sacramento, CaLifornia 95831 .iu,flIftI TeE. (916) 447-8400 • Fax (916) 447-0720 Herman Franck, Esq. Atto r ey Email: [email protected] Elizabeth Betowski, Esq.
July 9, 2020 Troy Burd ck Bureau of dian Affairs 650 Capit lMal1,#850 Sacrament ,CA95814 troy.burdi [email protected]
Re: Cabal ero v. Land Situated in the State of California, County ofElflorado in the State of California described as follows: Section 29, Township 10 North, Range 10 East
Subpoena o US Bureau of Indian Affairs
Mr. Burdiak:
Enclosed .lease find the following:
1. Subpoe s a for records in new in rem action re Shingle Springs lands/Miwok lands
2. Courtes copy of First Amended In Rem complaint just so you know what the claim is about.
Please not we already sent a eburtesy copy of the complaint to the Assistant Secretary for Indian Affairs, T. a MacLean Sweeney, for purposes of notice to BIA. We are giving you notice of the complaint inly to assist you in the review of our subpoena.
Regard
Herman Fr: s ck, Esq. Attorney f r Cesar Caballero
Enclosures as stated AO88 (Rev 12/07'i Suhnoena in a Civil Case
Issued by the UNITED STATES DISTifiCT COURT Eastern District of California
Cesar Caballero SUBPOENA IN A CIVIL CASE V. Land Situated in the County of El Dorado etc. Case Number:' 20-cv-00866-KJM-AC
TO: Custodiar of Records, United States Bureau of Indian Affairs 650 CapitI Mall Ste 8-500, Sacramento, CA 95814 Tel: (916) 930-3680 • YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
• YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
PLACE OF DEPOSIT.ON DATE AND TIME
E' YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at th place, date, and time specified below (list documents or objects): See Attachment hereto
PLACE DATE AND TIME MM Printing, 1011 9th St, Sacramento, CA 95814 916-44-5333 8/10/2020 10:00 am • YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or,fnanaing agents, or other persons who consent to testiQ' on its behall and may set forth, for each person designated, th matters o frhich the person will testi1'. Federal Rule of Civil Procedure 30(b)(6).
ISSUING IFATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE SSIGNATt!TLE 7/9/2020
ISSUING FFICER' NAME, ADDRESS AND PHONE NUMB Herman Franck, Esq., Franck & Associates 910 Florin Road #212, Sacramento, CA 95831
(See Federal Rule of Civil Procedure 45 (c), (d), and (e), on next page)
If action is pending ir district other than district of issuance, state district under case number. ATTACHMENT TO SUBPOENA TO U.S. BUREAU OF INDIAN AFFAIRS
1. A tue and correct authenticated copy of the BIA Index to Indian Land Records' exoerpted page, a copy of which is attached as Attachment 1.
2. A tue and correct authenticated copy of the BIA land records showing title, ownership, or other description of rights to any Native Americans concerning the real property legally described in the attached BIA Index to Indian Land Records, and further commonly known as Shingle Springs Rancheria, with the following legal description: "LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, DESCRIBED AS FOLLOWS: SECTION 29, TOWNSHIP 10 NORTH, RANGE 10 EAST."
3. True and correct copies of any letters, memos or other correspondences given between BIA and any member of the US House of Representatives or Subcommittee of the House of Representatives, or member of the US Senate or Committee of the US Senate regarding the creation of the federal statute described as Act of Congress 06/30/13 (28 stai. 86), a copy of which is attached as Attachment 2.
4. True and correct copies of any letters, memos or other correspondences given between BIA and any member of the US House of Representatives or Subcommittee of the House of Representatives, or member of the US Senate or Committee of the US Senate regarding the creation of the federal statute described as Act of Congress 5/25/18 (40 stat. 570), a copy of which is attached as Attachment 3.
5. True and correct copies of any BIA memos or other written records regarding the lands legally described in the attached BIA Index to Indian Land Records, and further commonly known as Shingle Springs Rancheria, with the following legal description: "LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, DESCRIBED AS FOLLOWS: SECTION 29, TOWNSHIP 10 NORTH, RANGE 10 EAST." LIST OF ATTACHMENTS
Attachmen t 1: US Bureau of Indian Affairs Index to Indian Land Records, and related documenta tion showing recognition of the Miwok Tribe
Attachmen t 2: Act of Congress 06/30/13 (28 stat. 86)
Attachmen t 3: Act of Congress 5/25/18 (40 stat. 570) Attachment 1
li BUREAU .DIAf4 AFFAIRS
- INDEX TO INL..U4 LAND RECORDS REALTY 1OWNSHtIL,dai— -- — RA1OE /Dt ffIJh4 Le p) A4J1TACRES TYPE GRANTOR GRANTEE REMARKS IW I ) NI ItN 55 S Ut NW IW NE NW St SI NE NW SE INSiR •
'0 ' - -- TiTh1 Ix x x - / o.e /#/,.Ø . T' 0! ' X . .— 4La LqA .1 ____X X' X X I 4t
0 -
0
r
00 •0 0_ 0
:.
-. ,• QT.- ORDER TRANSPERRING INHERITED INTERESTS :.'ttPATERr C.C. - CERJIFICATE OF COMPETENCY P. - PROSATE NO' GlE8TRIC!f FEE PATE i - -- -. siRienNs wa .X. - REGULAR $UBDMSICN - - WARRANTY DEED 0 b.. tob MY. RiGHT OF WAY . NOS REPRESENT LOTS . TO TRACT NO. INDICATES GOV'T..ND- LAND PREFIXED 'Y' TO TRACT NO. iNDICATES TRISAL LAND QI Attachment 2 SIXTY-T.U-LLD CONGRESS. Sass. I. Cn. 4. 1913.
by the said States or by the county of Tunia, in the State of Arizona, and the county dlmperial, in the State of California, of at least two- thirds of the cost of said bridge; and that the proper authorities of the said States assume full responsibility for and will at all times maintain and repair said bridge and the approaches thereto: And Ctrnctlon provided further, That the bridge shall be built in accordance with VOL 34, p. 84. the provisions of the Act entitled "An Act to regulate the construc- tion of bridges over navigable waters," approved March twenty- third, nineteen hundred and six. ilavajo Indlasis. Establisldngdayamd For the purpose of enabling the Secretary of the Interior to carry into effect the provisions of the sixth article of the treaty of Juno Vol. p eighth, eiglteen hundred and sixty-eight, between the United States avajo Nation or Tribe of Indians, proclaimed August twelfth, eighteen hundred and sixty-eight wherebe United States agrees to provide school facilities for the ohil of the Navajo '1i4be of Indians, the sum of $100,000, or so much thereof as may lie necessary, is hereby aproriated, out of any funds in the Treasury not otherwise apnropnatea. In carrying out the authority hereby. conferred the saul Secretary may expend said funds, in his discretion in estahlishin day schoo or industrial schools, tribal habits an èliiniitio conditions being considered, suitable for the education of said Indians. WM5 SUPPLY. For the development of a water supply for the Navajo Indi, $15,000, to be immediately available and to rmm available until. expended. CALIFORNIA.
eL0., of Szc. 3. For support and civilization of Indiana in California, in- cludin pay of employees, and for the nurchase of small tracts of land situated adjacent to lands heretofre purchased, and for urn- urovementa on lands for the use and occupancy of Indians in Call- omia, $57,000. '°5' For support and education of five hundred and thy Indian pupils at the Sherman Institute, Riverside, California, and for pay of super- intendent, $94,350; for general repairs and improvements, $10,000; in all, $104,350. Lion system. For reclamation and maintenance charge on Turns aflothients, dvazices. $40,000, to be reimbursed from the sale of surplus lands or from other funds that may be available, in accordance with the provisions oL 1 °1' of the Act of March third, nineteen hundred and eleven. rort Bidweli SChOoL For supuort and education of one hundred and twenty-five Indian pupils at £he Fort Bidwell Indian School, California, and for repairs aria improvements, $20,000. reenvilie School. For support and education of one hundred Indian punils at the Greenville Indian School, California, and for repairs and improve- ments, $20,000; new buildings, $10,000; in Boopa Valley all, $30,000. eon. For completing the construction of the wagon road on the Hoopa Wagon ooad. VoL 35. Th Valley Indian 1teservation, in the county of Humboldt, State of P California, and for the purpose of repairing that part of said road already constructed under tfie provisions of the Act of April thirtieth, nineteen hundred and eight, $5,000, to be expended under the direc- tion of the Secretary of the Interior. FLORIDA. Belief of Sendoolee. Use of balance. SEc. 4. That the unexpended balance of the appropriation of $10 000 oL 36, p. 1063. "for relief of distress among the Seminole Indians in Florida, and for purposes of their civilization," made in the Indian appropriation Act approved March third, nineteen hundred and eleven, is hereby reap- propriated and made available. Attachment 3 57O SiTT-FIFTh CONGRESS. Sass. II. CE, 8€ UII. share a1ike, to each man, woman, and child of the tribes now living upon and entitled to the privileges oi the said reservation," be, and the same is hereby, amended to read, "and that said money, as the same becomes available, may, in the discretion of the Secretary of the Interior, be paid to the indians entitled thereto or expended in the purchase of cattle for their benefit. 5e1bab Byst. ?syb fw1*bee,stc. That the unexpended balance of $6,715 appropriated by the Indian oa mud through, appropriation Act approved May eighteenth. nineteen hundred and VoL p. 132. sixteen, for the proportionate share of the amount required to con- struct a wagon road or highway through the Kaibab indian Reserva- tion is hereby made avauabie for the purchase of material and the employment of labor upon the same terms, except that any labor may be used upon the construction of such road or highway, giving preIerence to Indian labor: Little Co*o,sk, and canon Dlabk) Rivera. For amount necessary for completing the construction of two llridgee, near .mrpp gwcy.. bridges over the Little Colorado abd Canon Diablo Rivers, near the Leupp Indian Agency, Arizona, in addition to the $42,500 apJro- printed for this purpose by the Act approved March second, nine- Vol. 3, p. am. teen hundred and seventeen (Thirty-ninth Statutes at Large, page nine hundred and seventy-five), $5,000 or so much thereof as may B- be required, to be immediately avaable: 1'reuided, That said additional swfl shall be reimbursable from tribal funds as required by th. said Act. That hereafter no Indian reservation RhH be created, no' 'll Adtbotltactlon )hr. ci cons any - —''-- —+atl. within the iiø States of New Mexico ana arizona, excep w.# u CALIFORNIA. '' " Sac. 3. For arpport and civilization of Iniliani in California, .Ande for homeless including pay of employees, $42,000. . liens. For tEe purchase of lands for the homeless Indians in California inclwiing improvements thereon for the use and occupancy of said Indians, $20,000, said funds to be expended under such regulations and conditions as the Secretary of the Interior may prescribe. Sb For support end education of six hundred and eighty Indian pupils & the Sherman Institute, Riverside, California, including pay of and improvementaa $15000; in all, $148,400.' For reclamation and maintenance charge on Yuma allotments si&,00o, to y5mkm available until expended and to be reimbursed from the sale of surplus lands or from other funds that may be avail- '' able, in accordance with the provisions of the Act of March third, nineteen hundred and eleven. Pert Bldwsll hoo1 For support and education of one hundred Indian pupils at the Fort Bidwell Indian School, California, including pay of superintendent, $21,500; for general repairs and Improvements, $3,500; for installa- tion of water SUpply, $9,000, to be immediately available; in all, $34,000. Greenville Seboog. For support and education of one hundred Indian pupils at the Greenville indian School, California, including pay of superintendent, $21,500; for general repairs and improvements, $3,500; in all, $26,000. Yuma Reservation. Roads aZ34 br1dsu. For the improvement and construction of roads and bridges on the Yunia Indian Reservation in California $10,000 to be immedi- ately available7 reimbursable to the United States y the Indians bavmi tribal rights on said reservation. P.& Foreinning the construction of a road from Hoopa to Weitchpec, Road tructicil. on the Hopa Valley Reservation, in Humboldt County, California, in conformity with plans approved by the Secretary of the Interior, A088 (Rev 12/07) S ubooena in a Civil CaseJPae 2
PROOF OF SERVICE DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty ofperjury under the laws of the United States of America that the foregoing information containe. in the Proof of Service is true and correct.
Executed on DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Federal Rule of Cvii Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSC N SUBJECT TO A SUBPOENA. (i) shows a substantial need for the testimony or material that cannot be otherwi (I) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for met without undue hardship; and issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or (ii) ensures that the subpoenaed person will be reasonably compensated. expense on a person subj ct to the subpoena. The issuing court must enforce this duty and impose an appropriate san :tion — which may include lost earnings and reasonable attorney's (d) DUTIES IN RESPONDING TO A SUBPOENA. fees — on a party or atton ey who falls to comply. (I) Producing Documents or Electronically Stored Information. These procedures app y (2) Command to Produce Matenals or Permit Inspection, to producing documents or electronically stored information: (A) Appearanct. Not Required. A person commanded to produce documents, (A) Documents. A person responding to a subpoena to produce documents mu. electronically stored information, or tangible things, orb permit the inspection of premises, need produce them as they are kept in the ordinary course of business or must organize and label the not appear in person at the place ofpreduction or inspection unless also commanded to appear to correspond to the categories in the demand. for a deposition, hearing, or trial. (B) Form for Producing Electronically Stored Information Not Specified. If a (B) Objections. A person commanded to produce documents or tangible things or to subpoena does not specil a form for producing electronically stored information, the pers.n permit inspection may serve on the party or attorney designated in the subpoena a written responding must produce it in a form or forms in which it is ordinarily maintained or in a objection to inspecting, co )ying, testing or sampling any or all of the materials or to inspecting reasonably unable form or forms. the premises —or to produ ing electronically stored information in the form or forms requested. (C) Electronically Stored Information Produced in Only One Form. The pers. The objection must be served before the earlier of the time specified for compliance or 14 days responding need not produce the same electronically stored information in more than one fo after the subpoena is servl. If an objection is made, the following rules apply: (D) Inaccessible Electronically Stored Information. The person responding need n (i) At any ti-ne, on notice to the commanded person, the serving party may move provide discovery of electronically stored information from sources that the person identifies. the issuing court for an order compelling production or inspection, not reasonably accessible because of undue burden or cost. On motion to compel discovery (ii) These acts may be required only as directed in the order, and the order must for a protective order, the person responding must show that the information is not reaaonab protect a person who is ne ther a party nor a party's officer from significant expense resulting accessible because of undue burden or cost. If that showing is made, the court may nonethele from compliance, order discovery from such sources if the requesting party shows good cause, considering t e (3) Quashing or Mod f'ing a Subpoena, limitations of Rule 26(b)(2)(C). The court may specity conditions for the discovery. (A) When Reqesred. On timely motion, the issuing court must quash or modi1, a (2) Claiming Privilege or Protection. subpoena that: (A) Information Withheld. A person withholding subpoenaed information under a (i) falls to allow a reasonable time to comply; claim that it is privileged or subject to protection as trial-preparation material must: (ii) requires a person who is neither a party nor a party'a officer to travel more (i) expressly make the claim; and than 100 miles from whert that person resides, is employed, or regularly transacts business in (ii) describe the nature of the withheld documents, communications, or person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend tangiblethings in arnannerthat, without revealing information itselfprivileged orprolected, wi I a trial by traveling from ai' such place within the state where the trial is held; enable the parties to assess the claim. (iii) require t disclosure of privileged or other protected matter, if no exception (B) Information Produced. If information produced in response to a subpoena or waiver applies; or subject to a claim of privilege or of protection as trial-preparation material, the person maki (iv) subject a person to undue burden, the claim may notiFy any party that received the information of the claim and the basis for i. (B) When PermEted, To protect a person subject to or affected by a subpoena, the After being notified, a party must promptly return, sequester, or destroy the specifi -. issuing court may, on motion, quash or modiFy the subpoena if it requires: information and any copies it has; must not use or disclose the information until the claim (i) disclosing a trade secret or other confidential research, development, or resolved; must take reasonable steps to retrieve the information if the party disclosed it befo - commercial information; being notified; and may promptly present the information to the court under seal for (ii) disclosiig an unretalned expert's opinion or information that does not determination of the claim. The person who produced the information must preserve describe specific occurrer ces in dispute and results from the expert's study that was not information until the claim is resolved. requested by a party; or (iii) a persrn who is neither a party nor a party's officer to incur substantial (e) CONTEMPT. expense to travel more than 100 miles to attend trial The issuing court may hold in contempt a person who, having been served, fails witho (C) SpeciFying Conditions as an Alternative. In the circumstances described in Rule adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if 45(c)(3)(B), the court may, instead of quashing or modiFying a subpoena, order appearance or subpoena purports to require the nonparty to attend or produce at a place outside the limits • f production under specified conditions if the serving party: Rule 45(c)(3)(A)(ii). PROOF OF SERVICE
I, Elizabeth Betowski, declare as follows: That I am an adult over the age of 18, and have an office in Sacramento, California, and am not a party to the present action. On the date signed below, I caused to be mailed by first class mail postage prepaid, the following documents:
1. Subpoena in a Civil Case
The above-listed documents were served on all parties by mailing them to the following address ees:
Tara MacLean Sweeney Assistant Secretary — Indian Affairs Office of the Assistant Secretary—Indian Affairs Attention: Office of Federal Acknowledgement MS-407 1-MIB 1849 C Street, N.W. Washington, D.C. 20240 Telephone: (202) 513-7650 Telefax: (202) 219-3008
Paula Yost, Esq. Dentons US LLP 1999 Harrison Street, #1300 Oakland, CA 94612-4709 Tel: 415-882-5000 Fax: 415-882-0300
Erin Young, Chairwoman Wopumnes-Nisenan We-Wuk Indians POBo 1712, Shingle Springs, CA 95682
I declare under oath and under penalty of perjury that the foregoing is true and correct and thai this Declaration was executed in Sacramento, California, on July , 2020. Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 1 of 107
Herman Franck, Esq., SBN 123476 1 Elizabeth Betowski, Esq., SBN 245772 2 Franck & Associates 910 Florin Ro&1#212 3 SacrLmento, CA 95831 Tel: 916-447-8400; Fax: 916-447-0720 4 Attorneys for Plaintiff Cesar Caballero S
6 UNITED STATES DISTRiCT COURT EASTERN DISTRICT OF CALIFORNIA 7 [Sacramento Division]
8 CASE NO: 20-CV-00866-KJM-AC CESAR CABALLERO, 9 FIRST AMENDED 10 Plaintiff VERIFLED COMPLAINT INREM FOR QUIET TITLE TO REAL PROPERTY • ' 11
12 LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, 13 DESCRIBED AS FOLLOWS: SECTION 29, TOWNSHIP 10 NORTH, RANGE 10 EAST, 14 15 Subject Real Property 16 17 18 Plaintiff Cesar Caballero as Representative of the Miwok Nation (Tribe) herewith alleges and 19 states as follows: 20 21 22 23 24
25
26 27
28 Fint Amended Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC.. Document 9 Filed 07/01/20. Page 2 of 107
1 We submit this First Amended Complaint pursuant to FRCP Rule 15(a)(1). The complaint
2 does not list defendants, and none have been served. 3 4 7 We did give notice of the initial complaint as described in the body of the complaint to the 5 Regina Cueller as Chairwoman of the Shingle Springs Band of Miwok Indians, and Erin 6 Young as Chairwoman of the Wopumnes Nisenan-Mewuk Tribe. 7 8 Plaintiff also gave notice to the US Bureau of Indian Affairs ["BIA"]. See Exhibit F hereto, 9 US Bureau of Indian Affairs Index to Indian Land Records. USA BIA has been given 10 notice of these proceedings not because it is believed to have any claim of interest in these 11 lands, but instead in BIA's supervisory capacity over Indian Affairs, and as an interested 12 party herein. 13 14 15 4. This First Amended Complaint is given to primarily fix a mistake in the legal description 16 of the lands subject to these In Rem Proceedings. The correct legal description is as stated 17 on the BIA Index to Indian Land Records, Exhibit F hereto: "Section: 29; Township: iON; 18 Range: 1OE." and stating the number of subject acres is 240 acres. we have re specified the
19 legal description in this complaint at para. 16. 20
21 5. Miwok ownership of the 240 acres is further confirmed by an express declaration by the
22 United States House of Representatives. See Exhibit E hereto, Report with Respect to the
23 House Resolution Authorizing the Committee on Interior and Insular Affairs to Conduct an 24 Investigation of the Bureau of Indian Affairs, last page thereto, discussed below: Shingle 25 Springs or Eldorado Reservation, Calif. There were two Miwok Indians on this reservation 26
27 2
28 First Ameai&l Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 3 of 107
I of 240 acres of tribal lands in Eldorado County, Calif., in 1950. Lands were purchased by 2 the Secretary in 1917." 3
4 6. Plaintiffs earlier reference in the initial complaint para. 10, 48, 65, and Prayer for Relief 1
to a legal description from a legal description of a Deed also attached to the initial 6 complaint (deleted from this amended complaint), which is the wrong legal description. 7 That legal description covers about 15 acres. The correct legal description is as given in the 8 BIA Index to Indian Land Records, Exhibit F hereto. 9 10 I. 11 VENUE AN]) JURISDICTION 12 13 7. This court has jurisdiction over this action, as it is an in rem action for quiet title to real 14 property. The subject land is located in El Dorado County, CalifornIa, and as such, the 15 Court has in rem jurisdiction over the land. 16
17 8. Jurisdiction is furtherbased on 28 USC section 1331, federal question jurisdiction. This
18 matter based on four federal statutes:
19 a. Act of Congress 06/30/13 (28 stat. 86); 20 b. Act of Congress 5/25/18 (40 stat. 570); 21 c. 25 Usc section 1322; and 22 d. 18U.S.C.1162. 23 24 25 26
27 3
28 Füt Amended Complaint for In Rem Complaint for Quiet Title
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 4 of 107
1 9 Venue in the Eastern District of California is proper per 28 Usc section 1391 (b)(2), 2 because the subject property is located in El Dorado County, California, which is within 3 the Eastern District of California. 4 II. PARTIES 6 ic • Plaintiff CESAR CABALLERO is named in his individual and personal capacity as a 7 Miwok Native American, and a holder of a BIA-issued identification card so stating. 8 Caballero is from Shingle Springs, CA, and has evidence of that, a statement by his great- 9 grandmother, which was made and notarized in Shingle Springs, CA. See Exhibit A, 10 hereto, Statement of Cesar Caballero's Great Grandmother, Rosa Craig, signed and 11
12 notarized in Shingle Springs CA, given here not for the truth of the matter stated but rather
13 to show the fact that the Miwok's were at home in Shingle Springs.
14
15 ii See also Exhibit B hereto, Rosa Craig Enrollment Application given here not for the truth
16 of the matter stated but rather to show the fact that the Miwok's were at home in Shingle
17 Springs. Note Rosa Craig is listed as a relative of Cesar Caballero in his BIA
18 Identification, Attached hereto as Exhibit C. 19
20 12. Caballero has a right as a Miwok and as an individual to make a claim to ownership of 21 these Miwok tribal lands based on his status as a BIA-recognized Miwok Native 22 American. 23
24 13. Caballero is also bringing this in rem action on behalf of the entire Miwok Nation (Tribe). 25
26
27
28 First Am ed Complaint for In Rem Complaint for Quiet Title
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 5 of 107
1 14. Plaintiff Miwok Nation (Tribe) is a registered unincorporated association with California
Secretary of State as shown in the registration document attached hereto as Exhibit D, and
3 is the same Miwok tribe referenced in the US Bureau of Indian Affairs Index to Indian 4 Land Records, and related documentation, attached as Exhibit E hereto and aS such is the
rightfiul owner of the Shingle Springs Band of Miwok Indians' lands. 6
7 • The Miwok Nation (Tribe) decided 'some time ago to use the synonym 'Miwok Nation" as 8 its name, which is the same entity/nation/unincorporated association that is registered with 9 the California Secretary of State as "Miwok Tribe". The title "Miwok Nation" was chosen 10 because a) the term "tribe" is condescending; b) the term Nation sounds much better than 11 the word "tribe; and c) plaintiff does not wish to run afoul of any kind of trademark! 12 copyright/other intellectual property rights issues with the incumbent members of the 13 14 Shingle Springs Band of Miwok Indians. 15 16 16 The subject real property LAND SITUATED IN THE STATE OF CALIFORNIA, 17 COUNTY OF EL DORADO, LEGALLY DESCRIBED AS FOLLOWS: "SECTION: 29; 18 TOWNSHIP: 10 NORTH; RANGE: 10 EAST" and constituting 240 acres'is land to which
19 there is an actual controversy as to ownership of the land. The land is located in the County
20 of El Dorado, California. This legal description from the BIA Index to Indian Land
21 Records, Exhibit F hereto, Exhibit F hereto, upper left-hand corner. 22 23 17. Note the following details stated in the US BIA land index, Exhibit F hereto:
24 a. Legal description: Section: 29; Township: iON; Range: IOE
25 b. Chain of conveyance: Lucy H. Thomas to USA; Claude E. Cooper to USA; United 26 States to Miwok Tribe 27 5
28 First Amended Complaint for In Rem Complaint for Quiet Title
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 6 of 107
c. Total acreage given to Miwok Tribe: 240 acres I
I 18.At no time did the Miwok people andlor the Miwok Tribal Government ever authorize or 3 agree to allow its sovereign operations to be somehow operated and controlled by Tamo 4 people. At no time did the BIA ever authorize Taino people to oversee as fiduciary or other 5 guardian/ward relationship. 6 7 8 19. Exhibit F refers to two Acts of Congress: Act of Congress 06/30/13 (28 stat. 86) & 5/25/18 9 (40 stat. 570), giving the land to the "homeless Indians in California" for "fiulfihling treaty 10 stipulations with various Indian tribes, and for other purposes." 11.
12 2Q. Attached as Exhibit M hereto is a document by MetroList showing property detail of the
13 160 acres, and shows that of the 240 acres subject to this case, 160 of them bear an APN
14 Number of319-100-37-100. 15 16 21 Exhibit M is based on a 2008 deed that the Verona band made up and recorded, but the 17 name Verona stuck with it, even though they fraudulently changed their name from Verona 18 to Miwok. You cannot just re-name your blood. 19 20 22. Attached as Exhibit 0 hereto is a diagram showing the flow of title on these lands, 21 prepared by a title officer at the request of Plaintiffs. 22 23 23. It is of interest to note that at one time the Shingle Springs Band of Miwok Indians made a 24 deed in the name of Verona, no doubt at a time when they were unaware of the express 25 26
27 6
28 Fizt Amended Complaint for in Rem Complaint lbr Quiet Title
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 7 of 107
1 exclusion of Verona people stated by BIA in the letter attached as Exhibit H hereto. They
2 later, after litigation occurred, changed the name in the deed to Miwok Tribe. 3
4 24. By the predecessors of claimant Shingle Springs Band of Miwok Indians. They did a deed 5 to correct this misstep, but it doesn't change the fact that they are Verona. 6 7 III. PENDING LITIGATION HAS NOT REACHED THE SUBSTANTIVE MERITS OF 8 ANY OF THE CLAIMS ASSERTED ifEREIN; 9 STATEMENTS RE RELATED CASES 10 11 25. There are currently several pending legal cases involving claims related to this matter. 12 However, none of the litigation has yet reached the substantive merits of the claims 13 asserted in this action: 14
15 2& Shingle Springs Band of Mi wok Indtans v. Caballero, USDC EDCA Case No. 08-cv-
16 03133-KJM-AC. In that action, the Court granted plaintiff summary judgment on
17 Caballero's counterclaim, stating in part that 18 "First, this Court lack subject matter jurisdiction over the action because the Tribe 19 possesses sovereign immunity to suit, and that innnunity has not been waived. . . Second, 20 this Court lacks subject matter jurisdiction to adjudicate a challenge to the status of a tribe 21 that appears on the UnitedStates' list of federally-recognized tribes. . . Third, Mr. 22 Caballero's challenge to the Tribe's federal recognition is simply non-justiciable, as the 23 Tribe's status in relation to the United States is a political question beyond the province of 24 any court." 25 26 27
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1 27. Caballero appealed the Order, and the Ninth Circuit Court of Appeals reversed, finding:
"This evidence fails to carry the Tribe's burden on summary judgment. There is
3 insufficient evidence in the record to prove that Caballero offered "association services"
4 within the meaning of the Lanhani Act. Caballero's own vague and conclusory statements
are insufficient to establish that Caballero or his tribe provided or offered any services. The
only remaining factual support for the Tribe's allegations is a snapshot of Caballero's 7 website depicting a contact email address for those with "Enrollment Questions," which, 8 standing on its own, does not support the grant of summary judgment. Even if the 9 "Enrollment Questions" hea1ing on his website could be construed as constituting an offer 10 of membership — what Caballero refers to as "association services" — solicitation of 11 members in and of itself is insufficient to constitute an offer of a service without evidence 12 as to what those prospective members would be joining. As to the Red Hawk Casino Mark, 13 the Tribe has failed to present any evidence that Caballero used the mark in connection 14
15 with a good or service."
16
17 28 The Court dismissed Shingle Springs' Band complaint with prejudice, and noted with
18 regards to Caballero's request for sanctions against the plaintiff for committing fraud on te
19. Court: "However, deciding whether to sanction plaintiff for this alleged fraud on the court
20 would require the court to adjudicate whether the Miwok Tribe is properly recognized, a
21 question the court has previously held is a nonjusticiable political question. Order, ECF
22 No. 33 at 2 (citing Fed. R. Civ. Pro. 12(b)(l),(6))." 23
24 29. The current status of the federal matter is that Caballero has a pending motion for new trial 25 and to vacate/amend the judgment. The motion has been submitted on the papers, and the 26 parties are awaiting an order from the Court on the motion. 27
28 First Amended Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 9 of 107
I 30. C'esar Caballero, on behalf of hi mself and as Representative of all other authentic
members qf the Miwoic Nation v. Regina cueller, Allan Campbell; Pat C'ueller; Brian
3 Fonseca; Nicholas H. Fonseca; Annie Jones; Jessica Godsey Olvera; Jacicy calanchini;
4 Does 1-20 inclusive, El Dorado Superior Court Action No. PC-20 190492. This action
sought to remove the current Tribal Council of the Shingle Springs Band of Miwok Indians 6 and replace them with true Miwok-blooded persons. The defendants moved to quash and 7 dismiss the complaint for lack of jurisdiction. The Court issued a tentative ruling wherein it 8 stated: 9 "The court lacks subject matter jurisdiction to decide who is and who is not a true Miwok 10 entitled to be a member of the Tribe and eligible to be on the tribal council. 11 In addition, the court lacks subject matter jurisdiction to make any determination whether 12 the defendants' election or appointment to the tribal council is proper, or that the current 13 14 members are merely imposters unqualified to, serve on the tribal council and unqualified to 15 govern the tribe. The Tribe possesses an inherent and exclusive power over matters of. 1:6 internal tribal governance. 17 18 First, to the extent that plaintiff claims that the court should find that defendants are
19 individually liable as they are not properly on the tribal council due to allegedly not being
20 Miwok blood Native Americans, the court lacks subject matter jurisdiction to reach that
21 issue for the reasons previously stated in this ruling.
22 Second, the totality of the circumstances alleged in the complaint reveals that the conduct
23 complained of concerns the discharge of official duties and that plaintiff's only claim that 24 the conduct was individually wrongful was that the individual defendants should not have 25 been acting in an official capacity as they were allegedly imposters and not eligible to be 26 on the council, which are issues the court has no authority to determine. 27 9
28 First Ainen.led Complaint for In Rein Complaint for Quiet Title
O Case 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 10 of 107
1 Therefore, under the circumstances, the court is left with issues of lawful membership in
2 the Tribe and lawful election to the triable council that can not be contested in this court
3 and the alleged facts that the defendants were elected to the tribal council and engaged in
4 conduct essentially assuming and taking control of the tribe. Under such circumstances, the
plaintiff is attempting to circumvent tribal immunity by the simple expedient of naming an 6 officer of the Tribe as a defendant, rather than the sovereign entity. 7
8 31 Attached hereto as Exhibit G is a minute order from the motion to quash/dismiss. It notes 9 the.following finding by the Court: "The Court has no jurisdiction and the Federal Court 10 do not have jurisdiction unless Congress issues a law as to who can be a tribal memer [sic ii and at this time there is no such law. The Tribe has sovereign immunity." 12
13 32 The current status of this action is that Caballero appealed the order and judgment of 14
15 dismissal California Third District Court of Appeals on March 10, 2020. Caballero filed a
16 motion for preference and expedited briefing schedule on April 16, 2020.
17 18 33 These cases demonstrate that none of the substantive claims made by plaintiff herein hve 19 been decided by prior litigation. Accordingly, this action is not subject to res judicata or
20 collateral estoppel. 21
22 34. An in rem action may establish title to land within the Court's jurisdiction as to all
23 claimants, including claimants the Court does not have jurisdiction over. 24 25 26
27 10
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Iv. 1 GENERAL ALLEGATIONS I 35. The lands where the Shingle Springs Rancheria is was specially deeded by the United 3 States through two acts of Congress to the Miwok tribe. See Bureau of Indian Affairs 4 Index to Land Records, Exhibit F hereto: "Grantor: U.S.; Grantee: Mi Wok Tribe; 5 Remarks: Shingle Springs Rancheria." 6 7 36. At no time did the Miwok people and/or the Miwok Tribal Government ever authorize or 8 agree to allow its sovereign operations to be somehow operated and controlled by Taino 9 people. At no time did the BIA ever authorize Taino people to oversee as fiduciaiy or other 10 guardian/ward relationship. 11 12 13 37. Exhibit F refers to tWo Acts of Congress: Act of Congress 06/30/13 (28 stat. 86) & 5/25/18 14 (40 stat. 570), giving the land to the "homeless Indians in California". 15 16 38 These federal laws have not been repealed, and are currently binding on the State of
17 California by virtue of the Supremacy Clause of the United States Constitution, Article VI, 18 Clause 2:
19 "This Constitution, and the Laws of the United States which shall be made in Pursuance
20 thereof, and all Treaties made, or which shall be made, under the Authority of the United 21 States, shall be the supreme Law of the Land; and the Judges in every State shall be bound 22 thereby, any Thing in the Constitution or Laws of any State to the Contrary 23 notwithstanding." 24 25 26 27 11
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39. Instead of a grant deed from the federal government to the Miwoks1 instead there were two
2 warranty deeds from a private landowner to the USA, and two Acts of Congress
3 designating those lands as Miwok lands. The Statutes are the landownership rights. 4
4C. The actual process of the USA receiving a warranty deed from a private landowner in El 6 Dorado County is described in the attached final document in the chain of correspondences 7 about the trRnsfer of lands to the local Indians: Exhibit H, Letter by CK Haukes dated 8 January 12, 1919: 9 "in his said letter Mr. Maidrum agreed to convey the above described land to the United 10 States by Warranty deed (Form in use in California), and to furnish an. abstract of title, 11 which abstract shall show good and sufficient title in him, free of all taxes, liens, or 12 mortgages." 13 14 15 41 Plaintiff points out Exhibit H because in the past defendants have attempted to justify their 16 occupation of tribal governance over the Miwok people based on their status as being 17 married into the Verona band. This issue was the subject of a clear decision by the USA to 18 conditionally exclude Verona people:
19 "It should be noted that the purchases should be made for the 'landless Indians of
20 California' and not for "Hawaiian Indians" who may have intermarried with the California
21 Indians. If any of this class of intermarried Indians desire to join the band for whom the
22 land is purchased, the Office will consider each particular case on its merits." 23 24 42. Plaintiff doesn't have a copy of the actual deed by the USA giving it to the Miwok people. 25 It is believed that this deed burned up in the fires of El Dorado County Civic Center area, 26
27 12
28 Fiit Amerded Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 13 of 107
1 which burned up the Courthouse and the Recorders Office, among other buildings. See the
2 website link at http://courthousehistory.corn/gallery/states/californialcounties/el-dorado. 3
4 4. The Shingle Springs Band of Miwok Indians has been taken over by a group of non-
Miwok-blooded people, falsely masquerading as members of the Miwok tribe. The 6 defendants sued in this action are each members of the Band's tribal council. None of them 7 are true Miwok-blood Native Americans. They do not possess BIA Identification cards. 8 More significantly, they do not possess Miwok blood. 9
10 44 The non-blood issue was proven against the council members by an unrelated car accident 11 in which two children were left with alleged Miwok tribe links. The family law 12 proceedings in that case took place in Fresno, California. A DNA test [Exhibit I 13 hereto] showed a profile of the children's mother's uncle Efrim Renteria as having blood 14
15 from the Taino [7%] and Blackfoot [4%] tribes. See Exhibit I, page 1]. it also shows results
16 for Ava Porras [8% Taitio, 2% Cherokee, see Exhibit H page 2]; Angelina Porras [18%
17 Taino; Exhibit I, page 3]; and Navaeh Porras [8% Taino, Exhibit I, page 4]. An aunt of the
18 children's father is current Shingle Springs Band Tribal Council Chairperson Regina
19 Cueller. The fact that her niece/nephew and other relatives were not Miwok, means that
20 Regina Cueller is also not Miwok. 21
22 45. The Taino tribe is from Puerto Rico and nearby Caribbean Islands. See Jacob, Francine 23 (1992) The Tainos: The People Who Welcomed Columbus 24 [https://archive,orgidetails/tainospeoplewhowOOiaco]. Taino people are not Miwok people. 25 Miwoks are from California. The Taino are from Puerto Rico. Likewise, Blackfoot people 26 are not Miwok people. Blackfoot people in the USA come from the Northern Great Plains
27 13
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1 of Western North America. Another Cherokee people are from the Southwest USA, and
were removed to Oklahoma on the "Trail of Tears." 3
4 4. Plaintiff understands that the current tribal council members are related; and thus, none of
them are Miwok; they are all Tainos people. 6 7 47. It happened that the Tribe had in interest in the surviving children of the accident. The 8 blood type showed the council chair was non-Miwok. This is the only known DNA profile 9 against one of the defendants. Plaintiff hopes to obtain an order forcing the defendants to 10 submit to a DNA test to prove once and for all whether or not they have Miwok blood. 11 12 48 Plaintiff represents the true-blooded Miwok people, and is their Chief. Plaintiff and the 13 14 class members are living on the outside of the extremely wealthy Rancheria. Plaintiff and 15 class members have a reasonable expectation of fully participating in Miwok Tribal affairs, 16 to reap the shared benefits of the tribal business operations, and to have sovereign power 17 and control over the rancheria. This reasonable expectancy arises from the undeniable fact 18 that the land gifted to the Miwok people by the State of California was specially and
19 expressly given to the Miwok people, as shown in Exhibit F. And as shown in Exhibit 1,
20 the DNA test; the tribal governing council is fully occupied by non-Miwok people. They
21 are ixnposters, they are fake Miwok Indians. 22
23 49. The Rancheria owns and operates a casino, and the following other business.activities, 24 among others: 25 a. Shingle Springs Health and Weliness Center 26 b. Express Fuel, 3920 Shingle Springs Drive, Shingle Springs, CA 95682 27 14
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1 C. The Shingle Springs Band of Miwok Indians' Tribal TANF, providing "important
I tools and teaches skills to empower Native families to achieve self-sufficiency." 3
4 50. The acting Tribal Council members of the Shingle Springs Band of Miwok Indians
confessed to the foregoing facts by virtue of their allowance of a c1erks entry of default 6 against each of them on an El Dorado Superior Court Complaint, referenced above, that 7 made these claims. As noted above, those claims were never heard on the merits, but 8 instead were dismissed based on sovereign immunity. The defaults dated October 17, 2019 9 effects a confession of those allegations under settled California case law. See series of 10 defaults entered by El Dorado County, Exhibit J hereto. 11
12 51 The incumbent members of the Tribal Council further admitted the foregoing claims of 13
14 plaintiff by not filing any type of declaration or other statement in which they assert that
15 they are BIA recognized Miwok Native Americans. Their lack of response to those specific
16 claims asserted in the El Dorado Superior Court ease constitute an implied adoptive
17 admission of those facts, and including the following specific facts alleged in that action:
18 "1. The lands where the Shingle Springs Rancheria is was specially deeded by the
19 United States through two acts of Congress to the Miwok tribe. See Bureau of
20 indian Affairs Index to Land Records, Exhibit A hereto: "Grantor: U.S.; Grantee:
21 Mi Wok Tribe; Remarks: Shingle Springs Rancheria."
22 2. At no time did the Miwok people and/or the Miwok Tribal Government ever
23 authorize or agree to allow its sovereign operations to be somehow operated and 24 controlled by Taino people. At no time did the BIA ever authorize Taino people to 25 oversee as fiduciary or other guardian/ward relationship." 26
27 15
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1 52. Plaintiffs evidence is further buttressed by the attached statement made by chairwoman
Regina Cueller in her declaration in support of the defendants Motion to Quash/Dismiss
3 the Complaint for Lack of Jurisdiction in Cesar Caballero v. Regina Cuelier et aL, El
4 Dorado Superior Court Action No. PC-20 190492 [Attached hereto as Exhibit K] para 19:
"Mr. Caballero has alleged in his verified complaint that I am not of Miwok decent, 6 in part on the theory that I am related to Efrim Renteria, who is apparently not 7 Miwok, and who is an opposing party in an Indian Child Welfare Act ("JCWA") 8 matter in which I am directly involved. The ICWA matter concerns my grand 9 nieces, specifically three children whose father and mother were killed in a car 10 accident several years ago. Mr. Caballero alleges that a DNA test has revealed Mr. 11 Renteria is of Taino and Blackfoot heritage, and on that basis, Mr. Caballero claims 12 none of the members of the Tribal Council are Miwok... Putting aside that being 13
14 Miwok is not required for tribal membership, Mr. Renteria is not related to anyone
15 in the Tribe. That is why he is an opposing party to the Tribe and a Tribal citizen in
16 an ICWA lawsuit. He was related to the deceased mother of the children at issue in
17 the ICWA litigation, and the mother was not a member of the Tribe. I and other
18 Tribal citizens are related to the deceased father of the children. As it happens, I am
19 of Miwok decent. That fact is of personal and historical interest, but it is not strictly
20 relevant to my eligibility to be a member of, or govern, the Tribe under its law. I
21 am a descenthrnt of a person in the 1916 Census Roll and for whom the Shingle
22 Springs Rancheria was set aside." 23
24 53. The truth of this in rem controversy over ownership of the lands can be seen in the last
25 sentence of the quote from Regina Cuellefs declaration where she states under our laws 26 they can allow non-Miwoks to become citizens of the tribe. What she doesn't say is her 27 16
28 First Amer ded Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 17 of 107
view that under her tribal law they can exclude Miwoks. The entire Miwok Nation (Tribe) 1
2 is excluded by Regina Cueller under the guise of law".
3
4 54. The problem becomes a conflict between a series of four federal laws that give this land to 5 Miwoks, and then a set of laws by the non-Miwok tribal council that excludes the true 6 Miwoks. This ease clirns that the federal law is a higher law than this tribal law. The grant 7 of Native American land can never be taken away, by anyone. See 25 USC Section 1322, 8 quoted above. Regina Cueller's conduct in declaring her own law that can alienate a true 9
10 Miwok from Miwok's land must bow to the supremacy of federal law, under the
11 Supremacy Clause. Art. VI, Clause 2, of the US Constitution. Otherwise, her conduct, and
12 the conduct of the Shingle Springs Band of Miwok Indians, essentially nullifies the federal 13 law. 14
15 55 The two statutes granting this land to the homeless Indians. of Shingle Springs still stand as 16
17 valid, currently-enforceable Federal Laws. The BIA register of land, Exhibit C hereto, still
18 stands as an accurate description that the homeless Indians were the Miwok Indians. Even
19 Regina seems to agree with this concept when she says she herself is related to Shingle
20 Springs Miwok Indians. 21
22 56. This land is by federal law for Miwok people. Under federal law nobody can alienate the 23 Miwok from their own lands. 24
25
26
27 17
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5 . The fact that Ms. Cuelier did not produce a copy of her BIA Miwok identification should 1
2 be seen as an admission that she does not have a BIA Miwok Indian identification card.
3
4 58. Ms. Cueller's claim that she is a citizen of the Shingle Springs Band of Miwok indians 5 puts her in the same place as the members of plaintiffs Miwok Nation (Tribe) members 6 including plaintiff Cesar Caballero. 7
8 59. The Shingle Spring Band of Miwok Indians' conduct constitutes a continuing wrongful 9
10 conduct, continuing during the period prior to the filing of this complaint, and expected to
11 continue through to the future, and with new claims accruing each day. The conduct of
12 defendants is ongoing, and is fully expected to continue until a Court of law finally stops 13 them. 14
15 V. 16 FIRST CAUSE OF ACTION 17 60. This is an in rem action concerning equitable and legal title to approximately 240 acres of 18
19 lands located in Shingle Springs, El Dorado County, CA, and described in the US Bureau
20 of Indian Affairs Index to Indian Land Records, Exhibit F hereto, expressly designating the
21 land as being for the Miwok people.
22
23 61. Miwok Nation (Tribe) is a registered unincorporated association with California Secretary 24 of State as shown in the registration document attached hereto as Exhibit A and is the same
25 Miwok tribe referenced in the BIA Index to Indian Land Records, Exhibit C hereto, and as 26 such is the rightful owner of the shingle springs Miwok lands.
27 18
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1 62. PlRirltiff seeks to quiet title pursuant to CCP Section 760.020 regarding real property to the
2 real property located in El Dorado County, California, and described as follows:
3 "Land Situated in the State of California, County of El Dorado, legally described as
4 follows: SECTION: 29; TOWI'ISHIP: 10 NORTH; RANGE: 10 EAST."
6 63. The foregoing paragraphs of the complaint are incorporated herein as those fully set forth 7 herein. 8
9 64. CCP Section 760.020 states: 10 "(a) An action may be brought under this chapter to establish title against adverse claims to 11 real or personal property or any interest therein. 12 (b) An action may be brought under this chapter by parties to an agreement entered into 13 6357 14 pursuant to Section 6307 or of the Public Resources Code to confirm the validity of
15 the agreement.
16 (c) Nothing in this section shall be construed to limit the right of members of the public to
17 bring or participate in actions challenging the validity of agreements entered into pursuant
18 to Section 6307 or 6357 of the Public Resources Code."
19
20 65 There is an actual and present controversy surrounding title to the real property described
21 above. 22
23 66 Plaintiff Cesar Caballero, the Chief of the Miwok Nation (Tribe) maintains on behalf of the 24 Miwok Nation (Tribe) that the Miwok Nation (Tribe) has title to the land, and has been 25 prevented from taking possession of the land by the current members of the Shingle 26 Springs Band of Miwok Indians, as further described above. 27 19
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I 67. Plaintiff requests a further declaration that the Miwok Nation (Tribe) consists of citizens
2 who have a BIA Miwok identification card and that ownership and right to occupy this
3 land is for all BIA Miwok identification holders. 4
6. Plaintiff's claims are based on federal law and thus raise federal question matter 6 jurisdiction. 7
S 69. The federal laws which give plaintiff its property rights are: 9 a. Act of Congress 06130/13 (28 stat. 86), stating in part: 10 "An Act Making appropriations for the current and contingent expenses of the 11 Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, 12 and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred 13
14 and fourteen.....
15 For support and civilization of Indians in California, including pay of employees
16 and for the purchase of small tracts of land situated adjacent to lands heretofore
17 purchased, and for improvements on lands for the use and occupancy of Indians in
18 California, $57,000."
19 b. Act of Congress 5/25/18 (40 stat. 570), stating in part:
20 "For the purchase of lands for the homeless Indians in California, including
21 improvements thereon, for the use and occupancy of said Indians, $20,000, said
22 funds to be expended under such regulations and conditions as the Secretary of the 23 Interior may prescribe." 24 c. 25 USC section 1322, which states at (b): 25 "(b) Alienation, encumbrance, taxation, use, and probate of property 26
27 20
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I Nothing in this section shall authorize the alienation, encumbrance, or taxation of
2 any real or personal property, including water rights, belonging to any Indian or
3 any Indian tribe, band, or community that is held in trust by the United States or is 4 subject to a restriction against alienation imposed by the United States; or shall
authorize regulation of the use of such property in a manner inconsistent with any 6 Federal treaty, agreement, or statute, or with any regulation made pursuant thereto; 7 or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or 8 otherwise, the ownership or right to possession of such property or any interest 9 therein." 10 d. 18 Usc section 1162, which states at (b): 11 "(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation 12 of any real or personal property, including water rights, belonging to any Indian or 13 14 any Indian tribe, band, or community that is held in trust by the United States or is 15 subject to a restriction against alienation imposed by the United States; or shall 16 authorize regulation of the use of such property in a manner inconsistent with any 17 Federal treaty, agreement, or statute or with any regulation made pursuant thereto;
18 or shall deprive any Indian or any Indian tribe, band, or community of any right,
19 privilege, or immunity afforded under Federal treaty, agreement, or statute with
20 respect to hunting, trapping, or fishing or the control, licensing, or regulation
21 thereof." 22 23 70 Plaintiff's claims to title of the land are confirmed in the US Bureau of Indian Affairs 24 Index to Indian Land Records, and related documentation, attached as Exhibit F hereto. 25 26 71 The plaintiff is seeking to quiet title against all adverse claims to the subject land. 27 21
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1 72. The Shingle Springs Band of Miwok Indians' claim is as follows: 2
3 73. Plaintiffs earlier reference in the initial complaint para. 10, 48, 65, and Prayer for Relief I 4 to a legal description from a legal description of a Deed also attached to the initial 5 complaint (deleted from this amended complaint), which is the wrong legal description. 6 That legal description covers about 15 acres. The correct legal description is as given in the 7 BIA Index to Indian Land Records, Exhibit F hereto. 8 9 74. Shingle Springs Band of Miwok Indians claim ownership interest to 160 acres; and are 10 buying up other lands belonging to the 240-acres subject to these in rem proceedings, and 11 currently occupy and use the described lands The Shingle Springs Band of Miwok Indians 12 operates the Red Hawk Casino on these lands, and has a tribal government office on these 13 14 lands. 15 16 75 The Chairwoman Regina Culler describes the Shingle Springs Band of Miwok Indian's 17 claim of interest in these lands, and why plaintiff's claims should fail. See Declaration of 18 Regina Cueller, attached as Exhibit K hereto, without exhibits. 19
20 76. See especially, pages 4-5, paragraphs 10-14:
21 "10. When Mr. Caballero references the 240-acres Shingle Springs Rancheria, he must be
22 collectively referencing the Verona and El Dorado Tracts (which were 160 and 80 acres, 23 respectively). But these tracts were separate, and held in trust for the different groups of 24 Indians. Correspondence from the Sacramento Area Director to the Commissioner of 25 Indian Affairs reflects that the Verona Tract and El Dorado Tract were to 'be regarded as 26 separate rancherias. .. [because] the two parcels were purchased at two separate times for 27 22
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1 Iwo separate categories ofIndiam." Undoubtedly, they were not intended to be classed as
2 one Rancheria because of the different named groups for which they were acquired.'
3 (emphasis added). Attached to the RFJN as Exhibit 0 is that April 27, 1965
4 correspondence, received from the National Archives, and now maintained in our filed in 5 the ordinary course of Tribal business. 6
7 14. The distinction between the El Dorado Tract from the Verona Tract is also made clear 8 from the Federal Register. The Federal Register references only the Verona Tract of the 9 Shingle Springs Rancheria, as the El Dorado was terminated (as the above-referenced El 10 Dorado Distribution Plan shows). It may be that Mr. Caballero descends from persons who 11 elected to terminate the sovereign status of the contiguous El Dorado Tract, which is why 12 he has no tribe today. That sad fact, however, does not entitle him to be a member of our 13
14 Tribe, for whom the 160-acres Verona Tract was established within the Shingle Springs
15 Rancheria."
16
17 77. A copy of Regina Cueller's Exhibit 0 letter referenced in the above quote from her
18 declaration is attached hereto as Exhibit N. Plaintiff notes that this letter post-dates the land
19 transfers as reported in the BIA land records (Exhibit F, and discussed above), which
20 occurred 1915 (the 60 acres) and in 1920 (the 160 acres). The BIA had officially combined
21 these and declared these for the Miwok Nation (Tribe). To the extent the letter attempts to
22 alienate the Miwoks from their federally-given lands, such actions would violate the 23 express prohibitions of alienating Jndians from land granted to them from the USA, 25 24 USC Section 1322, quoted above ["Nothing in this section shall authorize the alienation, 25 encumbrance, or taxation of any real or personal property, including water rights, 26 belonging to any Indian or any Indian tribe, band, or community that is held in trust by the 27 23
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1 United States or is subject to a restriction against alienation imposed by the United
2 States..."].
3
4 78. Miwok Nation and its peoples are the landless Indians of Shingle Springs mentioned in this
letter, Exhibit N hereto. The corresponds to the statements in the above cited and quoted 6 Federal laws allocating funding to purchase up lands for the Homeless Indians of Shingle 7 Springs. 8
9 79 See Excerpts of the Report with Respect to the House Resolution Authorizing the 10 Committee on Interior and Insular Affairs to Conduct an Investigation of the Bureau of 11 Indian Affairs, Exhibit E hereto, last page thereto: "Shingle Springs or Eldorado 12 Reservation, Calif. There were two Miwok Indians on this reservation of 240 acres of 13 tribal lands in Eldorado County, Calif., in 1950. Lands were purchased by the Secretary in 14
15 1917."
16 17 80 See also page numbered 456: "Total number in California was 491; 6.1 percent were 18 unable to speak English; 26.7 percent were illiterate; 67.2 percent of 5-20 year age group
19 were in school, 21.6 percent of the tribes were full-bloods. Males numbered 252; females
20 numbered 239; those under 20, 234." 21
22 81 This supports Plaintiffs contention that his people are the exact peoples that these lands
23 were intended. 24 25 82 This report, Exhibit E, is from the House of Representatives. Congress has express rights 26 to regulate the Indians see US Constitution, Article I, section 8, clause 3: "The Congress
27 24
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S Case 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 25 of 107
I shall have Power. . . To regulate Commerce with foreign Nations, and among the several 2 States, and with the Indian Tribes." 3
4 83. The report and the above-quoted part should be deemed a final statement as to who owns
the 240 acres. The answer is Miwok Nation, not the non-Miwoks currently occupying the 6 lands. This finding as the legislative branch is given express constitutional authority over 7 Indian tribes is aiso to be binding/treated with deference by the Court. See e.g. Heckler v. 8 Chaney, 470 U.S. 821, 83 1-832 (1985) [courts generally will defer to an agency's 9 construction of the statute it is charged with implementing, and to the procedures it adopts 10 for implementing that statute]. 11
12 84. This supports Plaintiffs contention that his people are the exact peoples that these lands 13
14 were intended.
15
16 85. Plaintiff disagrees and opposes the statement of claim as asserted by Ms. Cueller as being
17 inaccurate, false and in violation of 25 USC section 1322, stating that one cannot alienate a 18 • Native American from lands given to Native Americans by the USA. 19
20 86. Claimant's Shingle Springs Band of Miwok Indians' predecessors were openly Verona
21 members; see letter of intent to sell lands, Exhibit H hereto. 22
23 87. The land records show the 160 acres are currently in the name of the Verona band [see 24 Exhibits F, J, M, N]. 25 26 27 25
28 First Aine1ed Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 26 of 107
1 88. The Shingle Springs Band claims a right to all of the 240 acres, has purchased up about 40-
2 50 acres of the remaining 80. The land also incudes a 40-acre parcel for a gasoline station. 3
4 89. The claimant's idea of a two lots done at separate times and independently of one another
is contradicted by the fact that (a) the lands are neighboring lands, (b) the transfers were 6 done near in time, and (c) the BIA treated the resulting lands as one 240-acre parcel. 7
8 90. As far as the idea that some other lands were terminated against Miwok, plaintiff doubts 9 that land can terminate, especially in light of Federal law prohibiting the alienation of a 10 Native American from federally granted land. See 25 USC Section 1322, but in any event, 11 there was never a termination of any interest in the Miwok Nation's ownership interest in 12 the 240 acres described in this action. 13
14
15 91. Caballero does not seek any kind of menibership.in the Shingle Springs Band of Miwok
16 Indians, as she suggests at para. 11 of her declaration [Exhibit K hereto].
17
18 92. Plaintiff disputes this clam, and states that Miwok Nation (Tribe) is the rightful owner to
19 the Shingle Springs Band of Miwok Indirns' land.
20
21 93 The current Shingle Springs Band of Miwok Indians is without any right to the subject
22 land whatsoever. The band has no right, title, estate, 'lien or interest or whatever in Property 23 adverse to Plaintiff's title or any part of that Property. 24
25 94. The Shingle Springs Band of Miwok Indiai is not named as a party in the action, but will 26 be given notice of these proceedings. 27 26
28 First Ameided Complaint for In Rein Complaint for Quiet Title Ca se 2:20-cv-00866-KJM-AC.. Document 9 Filed 07/01/20. Page 27 of 107
I 95. Additionally, the Wopumnes Nisenan-Mewuk Tribe has stated a claim of right to the land.
2 This tribe is headed up by Erin Young, who appears to be their sole voice and
3 representative. She is not named as a party herein, but will be given notice of this 4 complaint. To the extent that Ms. Young's tribe that have BIA-issued Miwok identification 5 cards, Plaintiff agrees that they are likewise entitled to all ownership rights in the land, just 6 as plaintiff's members are. She has described herself as chairman in her declaration, so 7 serving her will give actual notice to her and all others who may make a claim through her. 8 See Exhibit L, Excerpts of the Declaration of Erin Young in Support of Motion to 9 Intervene [Shingle Springs Band ofMiwok Indians v. Caballero et al., USDC EDCA Case 10 No. 08-cv-03 133-KJM-AC]. 11 12 96 The WopumnesNisenan-Mewuk Tribe sought to intervene in the related federal action 13 14 [Shingle Springs Band ofMiwok Indians v. Caballero et aL, USDC EDCA Case No. 08- 15 cv-03 133-KIM-AC] and based their claim on an "approved list of voters for the 1935 IRA 16 for El Dorado County Shingle Springs Rancheria, showing the Mewuk resident tribal 17 elders Elizabeth, Herbert and Lillian Padilla. Members of the current Tribal Council are the 18 direct lineal descendants of these 1935 approved IRA voters and according to the Auburn
19 Rancheria IBIA case are the "Successor in Interest" Tribal Council to the name "Shingle
20 Springs Indians" and variations there." This one-page document was attached as part of an
21 exhibit to the declaration of Erin Young attached hereto as part of Exhibit L. 22 23 97. The Wopumnes Nisenan-Mewuk Tribe is not named as a party in the action, but will be 24 given notice of these proceedings. 25 26 27 27
28 First Am ded Complaint for in Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 28 of 107
1 98. Plaintiff knows of no other persons or groups who have or would make a claim of right to 2 the land. 3 4 99. Based on the foregoing, plaintiff requests in rem relief declaring and quieting title to the 5 land in favor of Plaintiff Cesar Caballero as Representative of the Miwok Nation (Tribe) 6 that the Miwok Nation (Tribe) be declared the true owner of the land described as: 7 "Land Situated in the State of California, County of El Dorado, described as follows: 8 SECTION: 29; TOWNSHIP: 10 NORTH; RANGE: 10 EAST" 9 10 100. Plaintiff requests a further declaration that the Miwok Nation (Tribe) consists of 11 citizens who have a BIA Miwok identification card and that ownership and right to occupy 12 this land is for all BIA Miwok identification holders. 13 14 15 101. For the further in rem and or quiet title remedy of declaring that 25 Usc Section 16 1322 and 18 USC Section 1162, each and both apply to the Shingle Springs Miwok Lands 17 described above, that the Shingle Springs Miwok lands be declared and adjudged Miwok 18 Nation (Tribe) lands, and that as such no true-blood Miwok Native American, including
19 Plaintiff Cesar Caballero, can be alienated or excluded from the Shingle Springs Miwok
20 Lands; that all such true-blood Miwoks have the right to occupy reside and use those lands;
21 that non-Miwoks do not have such a right to occupy reside and use those lands; or such
22 other Orders, Findings and Judgments regarding title and the rights to occupy, reside and 23 use the Shingle Springs Band Miwok lands as the Court deems just and appropriate. 24
25 WHEREFORE, Plaintiff prays for relief as set forth below. 26 27 28
28 First Aineoded Complaint for In Rem Complaint for Quiet Title . . . C e 2:20-cv-00866-KJM-AC Document 9 Ffled 07/01/20 Page 29 of 107
VI. 1 PRAYER FOR RELIEF 2
3 WHEREFORE, Plaintiff prays for judgment against Defendants as follow:
4 As to the first cause of action, for in rem relief declaring and quieting title to the land in 5 favor of Plaintiff Cesar Caballero as Representative of the Miwok Nation (Tribe) that the 6 Miwok Nation (Tribe) be declared the true owner of the land described as "LAND 7 SITUATED iN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO,
8 LEGALLY DESCRIBED AS FOLLOWS: "SECTION: 29; TOWNSHIP: 10 NORTH;
9 RANGE: 10 EAST
10 2; Plaintiff requests a further declaration that the Miwok Nation (Tribe) consists of citizens
11 who have a BIA Miwok identification card and that ownership and right to occupy this 12 landis for all BIA Miwok identification holders. 13 3. For-the further in rem and or quiet title remedy of declaring that 25 USC Section 1322 and 14 18 USC Section 1162, each and both apply to the Shingle Springs Miwok Lands described 15 above, that the Shingle Springs Miwok lands be declared and adjudged Miwok Nation 16 (Tribe) lands, and that as such no true-blood Miwok Native American, including Plaintiff 17 Cesar Caballero, can be alienated or qxcluded from the Shingle Springs Miwok Lands; that 18 all such true-blood Miwoks have the right to occupy reside and use those lands; that non-. 19 Miwoks do not have such a right to occupy reside and use those lands; or such other 20 21 Orders, Findings and Judgments regarding title and the rights to occupy, reside and use the 22 Shingle Springs Band of Miwok Indians lands as the Court deems just and appropriate. 23 4. For such other declaratory or quiet title relief as the Court deems just and appropriate. 24 5. For Costs of Suit Incurred; and 25 6. As such other and further relief as the Court may deem proper. 26
27 29
28 First Ani ed Complaint for In Rem Complaint for Quiet Title Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 30 of 107
I Respectfully submitted, July 1, 2020 2
3 I/s/ Herman Franek, Esq. 4 Herman Franck Attorney for Plaintiff Cesar Caballero 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 First Amended Complaint for In Rem Complaint for Quiet Title C Document 9 Filed 07101/20 Page 31 of 107 e 2:20-i::"-00866-KJM-AC Document 9 Filed 07.'O1/20 S Case 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 33 of 107
I LIST OF EXHIBITS 2 Exhibit A: Statement of Cesar Caballero's Great Grandmother, Rosa Craig 3 Exhilit B: Rosa Craig Enrollment Application 4 Exhibit C: Cesar Caballero BIA Identification
6 Exhibit D: Secretary of State information re Miwok Tribe 7 Exhibit E: Report with Respect to the House Resolution Authorizing the Committee on Interior and Irsular Affairs to Conduct an Investigation of the Bureau of Indian Affairs 8 Exhibit F: US Bureau of Indian Affairs Index to Indian Land Records 9
10 Exhib t G: January 24, 2020 Minute Order in Cesar Caballero v. Regina Cueller et aL, El Dorado Super.or Court Action No. PC-20 190492 11 Exhibt H: Letter by CK Haukes dated Janu&y 12, 1919 12
13 Exhib:t I: Series of DNA test results of Renteria and Porras 'families from Native American DNA Testing, Toronto, Canada 14 Exhib t 3: Series of Defaults as to Defendants entered October 17, 2020 in Cesar Caballero v. 15 Regina Cueller et al., El Dorado Superior Court Action No. PC-20190492
16 Exhibit K: Declaration of Regina Cueller in support of Motion to Quash/Dismiss Complaint for 17 Lack cf Jurisdiction in Cesar Caballero v. Regina Cueller et al., El Dorado Superior Court Action No. PC-20190492 18 Exhibit L: Excerpts of the Declaration of Erin Young in support of Motion to Intervene, and 19 Exhibit thereto, in Shingle Springs Band ofMiwok Indians v. Caballero et al., USDC EDCA Case No. 08-cv-03133-KJM-AC 20 Exhibit M: Metrolist Printout for APN 319-100-37-100 [The 160 acresj 21 Exhibit N: April 27, 1965 Letter from Sgd. Leonard M. Hill to Commissioner of Indian Affairs 22 23 Exhibi: 0: Diagram showing the flow of title on these lands 24 25 26 27 33
28 First Amended Complaint for in Rem Complaint for Quiet Title .. S C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 34 of 107
Exhibit A
• C. Ië71O1i2O of, 107
;t 4. PM •,. 1t ig Th. - -..
7 7:' ' -.) - ,! • .- .' i1flt O tazu
- .' .' , ,. .. The fo1oe at,tdavit suet bD aworx te aiq5.ate4 vith the auat.J ,
• • aaoaiy baar •.'
• bd uy eza oath •do atid
L ' tong pLait tatae ave tc to _..y , ' ;v P*teJ t. t97 tb#.t i o at UeUj stL14 5z Qa a1tout.ta a*d tha.th tithEari ta the. aroi
bZood, a thair p1a at zido
true; that tb t4 • b ropQ
t bt 4 that mte b •. ae tiiu. to tha t Ot t Di- dg'* eu •• that they haTe iteat ebv b.e.
4f . - L
•bzctibe d o
_,- .. - - ••. • -•. -
/,'4C- • •---•-'--- 134 O £ett •r-.
• ' '--:-#. -'•
1' S C-se 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 36 of 107
Exhibit B T Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01120 Page 37 of 107
• bEPARTMEItr OF ThE ERIO OFFICE OF INrflAN kFFAIRS
ipp.ioation Ntuitber c:z Application £ enrol.axtt i'ith the Indiane of tha State of California nuder the .cit of May l, S28 (46 Stat. I.. 602)
The ecretar7 o± the XntorLcr, —3 Wanhington I. C.
I hereb jflnke ai,Ucaiion for the eno11nut ot myself (and 'minpr .i ohi.lc 3.iiFf1)g On iay I8 1$2G am Indians at the State t California in no— f aordania with the provisiona ot the Aot pt Congress of May la; 1e8 (45 Stat. •L. 602). The e-'idenoe of idsutity ia lxerewith znboine&. . - ..... 1. Stf the full names, a'es, es, and dMes of birth. of yourself and 'our ainor oi,.ildren IivLug on May 3.8, $28 • a4onmI4u Dep..ree2 j 1. iwUL 1.ama p Pamil.t .in 1928 7.onth Indian Bloc4 osa e& - __7 :ii,__ 6:**U_T84_• Ldow I 54 - : 1J..,L'i It Rcbe21? l •V...4' okIreL1. , Noizuo Gi'aizd$gp -- _UE •'.- - Oi?SXL& !_ -J' -'-4' - . U •ILJ Ga 1Dauter 15 '-...- —. 4. ...- , 'osep1 Gr'axzl Son .._..._' £_ •
.. 1 L... t
__d 1 • :.t
.4—.— ..-.-. -a---- ...... 2. Rheidenoe oi May 18, 1928 01 ex Lia. 3. Poet Offioe Town or City, BoX Number or County State Earal Route Number. NOte:' , on !Iust Land.n.. 4 • Plao of birth of yourse3.t and eaoh of your mino
1
- __-._. . • -
-.1- I Case 2:20-cv-00866-KJ.M-AC Document 9 flIed D7/01120 Page 38 .of.1O7
S.. There have you and your children resideç since birt
•. 11 Dorado q eLoa.
6. e you married? 7. It a married woman, give your name before ou ware married. Roet ..-......
8, Name and ezact date f birth (onth, .Day. and Year of your wife (or huzband.
• r aj-- ( Died. Qto1er '1 IBBI --'•- .. • _...... _...• .,..• I 9.. sé) f Indian blood? the us .. gr OtUftiU • . ;...... •
w .s.ivizryte. iiiam_.. C )
* __
_ .. - .I.,J, II I d
10. Wba is your degree ot Xndian blood and to what ribe orBand at Inda1IS t the State at CaJ4tornia do ou belong? • , T.ribEt. name E1 Doao • 414 Coth1 I ...... 3.._ fin 4W•te- t±f1on1a,
F )cgpe of Xndian fllçod .. . . Name of Tribe gr Baud
1L .'o what Treaty or Treatiez you CD yozx anoestors a party, and where dL4 you
reside on June 1, i8? Where and whea were èai1 reaties negotiated?
•.d I - - .
QX'1f , g the 0umnep ) - .
I I*'. .-.t.
• 1. ('ive the names of your California Indian ancestors l$M.ng oi June L, :L82,..
throi whom you olaita, who were parties to any Treaty or Treaties with the
thited States. If you claim through more than one ancestor Uving dn that
date, set rorth ec2i claim separately, State your descent from said ancestor
or ancestors settiug £drth your relationship to tham
Names Trtb or -Band • -. R1ationshin by Blood,
• saaja.Sawa*.a*fl
- .. -.
-I .I:_Ss JoLa 115 2&..)_...__...... _......
., •J.
S Case 2:20cv-00866-KJM-AC.. Document 9 Filed 07/01/20. Pag.e 39 of 107
(live de names of the Chiefs, Captaitn and Headmen of the Tribe or Band. to iiioh your .nonstorn belonged On. Jinè I, I82. who exanted the Treaty or rreatj1ee hex'eit referred to, if you inow the.
4 - -
'- —4. .—__.• ::_._4
14. What landa in the $tate of California do you c1ai were taken tro yot or your CaUto'nia Indian auoestoz by the United. ten withon eampensaUcu. or whio ware appropriated by the United. Stat,es to its own purposes and for which the
United aio has refused or tailed, tO coeponeate you?
Xo,aoun1y Oaozrta,
— .. ...— -.4..
-
a..E -... • a... .. - —i....4 .._-...
.-.--.- '.-•+.-.. 4,
4 — -- ( -. .. 15. Give names of your father and othcr and your bother's name before hr ntarriage., If eith r is. a white person, so state,' t1cLOVIXL gng1g.si N• 4/4 - Degree of Zudian Blood Imlien Namo Tother— English )ame —. ..414__ Degree of Tnd5tu Elood. Indian Nane
Maiden Name Uhknom
16. Vhere we:e they born Father i DoadoQpxi1 Oa1iThnia. fl
- ,t ..- • ..a - .*.... •
17. When and where were your parents married?
iornia. ___ . 9.SQnt z1 G
18. How were they marr1ed in aocoranoe with the law, or by Indtn oust0m7
,_•_••._•.•__..•y• - .Cae 220-cv-00866-KJM-AC Document Filed 07/01/20 Page 40 of 107 .
19. Where did they reic& after their mrriger
.1 ,Dore4o..ctm--cr Oaii±ox1a,
20. Where did they reside on June L 182 If 1iv±ng at that Uae
i...Da - rzn.. I.. bates of death of your tather and nether.
P1r .__Lng Mother ._Lang 22. were drn bur sinor children or either of your paz-ante ever onrofled for any land or other benefits? -. - . * .
I 'I so g.tirs the numb..of .our allctmezzt. state where it in lDoate4. and the o the Indisu obool or Agetor under whoe ju .sd,totiou it nor is.
..-.-. ••___ -'- -._....._. . . .
— .—' er1ot.. L. •
•,__;_ .-.- *,___. - -
."- _.J.,_43.4 iii..4 ,
Ef enrolledon a. Venous Roll, state your Census Roll Musher o the Census ROU c-f Juue O, 1928. and the iiese of the Indian School or.&gen under whose jur- dioioou ax'e."" . - 1ndIa extoy, 1)SU fQ- 1i - Census Roll Mo Je 3Ct, I98 - Memo of Indiah School or Agency - stage ue amourt and Idud of. property you n own. and what Is your ace t.ioa.
n-C te —
I • 4.. . - I . ._____ -
- —.: —i ..__.QQQi iQ L...4tarcT
26- Etwe English and Indian uaoôa of your grandparents on both father r e aa nother's side, if possible... It an are white persons so state.
-: - Pather1s de Mother's Side
Names . DeVee of Indian Naiins Degree of India.0 Blond.- . lood...... 4/4 Case 2:20-cv-00866-KJM-AC Document 9 Filed O7IO1I20 Page 41 of 107 S __•_-_.__
- -..---- 27. Where ere they bn? .
__._,_-___._--_._.-_-.
2. Where did ther.reside dUZY1U their lives. and whx-e were ±her iiiflg-on June 1 ......
.. _._ ,_..__.p -i-- ' -
.. ..-.-.-.,i. £.- .-- -• - *
RARK
- (13ndr ti head: the ap UaaYt mast give y additional info rniatioD. .tha.i he 'believes Will assist in prov g MS c1ains) .
------r -'---- - • ...*Mn,.J&—i ..__ .___ - . _g4_. ._j.______-
5 . .. . •.--- . -'- . -
— — _ .4._• _•..,. _••__••_•* •__ . • *q'n*...* 4:- . - 'I. • -S
I • .V - Z:,4
I so.eu*y swear- thet the foregoing ztatêents made by me ax-s tree to ths he5st VIT. Wi and b5Ltf. -. . •. .. •- .•. -: • itpssss ±o PYark . . - - . • Bose Q-aig • - •. - (Signature) - Sbsoribed and sworn to before me this --
- . Z!tf nor o;' 7heras. at .Lng1e pins, Oai . .. ..• - .....- Document 9 Filed 07/01/20. Page 42 of 107
(The £ol1owig fV'±t iCt hO VOfl1 Q by two or EiQX"e witaeaaes who are weU aaq*xa td with the applioant.)
Persnn1ar appeared before me
and s .l!& i who be±g ily sworn,, on oath depone ad sar that t e are veil aoq'uaiuteji with
who m. es the toregoiug oplioatiçrn an atateaexi.te and have knowo .. peiwoaa.Ur
for -. years and ....4(L years. respeotive3.y; that. they hnow that Califo La Indian blood ef 'the degree and liueae stated in the above applioation and
that a 'acte stated with reerenoe to _...iie aicestors, the parentage at o2ii • their ages and degree ot. Indin blood, an their plaoee of rsideucs are
true; .:at thGy know .hMY' to be the identical parson ..L... represents to b nd that all statenents made by- .,._.... are tras. to the best at their knoezl- ge an be1ief and that they" have ao interest whatevei' iu oia5.m
Witnesse to Mayk ignatre ot Witnesses
L _ :'_:, - 4!• ,.' - bscribod and sworn to before ma •_L._ day f; - *- -- June - -, __.. isJ.Q at Sh e Spiins Oaiit. c My opmm aioi expires . —. xa11nor of Thhei'jtance..
- C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 43 of 107
.'1 *'
• .LF. ' _J i%lM(..4 1i i I •'1•" •' 1.. 1 •It
p.
i&. . - 1 .;. ..; .. ?t4L (lZ -. - z& • .'. IAJ. Ti • .IFii C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 44 of 107
Exhibit C • Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 45 of 107
United States 1)epartment of the Intenor I 3UREAi OF A\ Paciik Ron! Urflce 20O V., Sac in no. Caiirnia 525
$ O
ToWhom1t Mi Cn:.:.rn
Thisisio . j:thaI.CesarCabailero,ateofiirth.Nôvember:29. 1969isuctenr. Ho'veve4 based on the Th idian Affairs ?acifiRegion tudgment Fund 1.o11 of Cihforita 3ndian s the Qtmdso f1oseph A B1ac1weIL Mtwot. (Act of September ZI 1968 (82 S# .. 6O & 861Th Rofl Numi. r 61544 Fokler Number 16118. and the GreatGreat G}lifldsofl fEoa £rai. .4I4.:lüdjan..(k4 . : ólMav 18. j928 4 StaLL O'))1oILNu mber 4083. ..:lca nNü:mber:748i.
•Th.:rtc. bas..... *t4 1iflfOW1h0Wfl the:er'rd in this Offic CesaCabáilen,hasbeen determined. tcbe a.de endatf r .jUUWS .ULeU .. f ndhi Trba1 Afl1i
S in*i'..
RegionaiDiree C-se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 46 of 107
Exhibit D Case 2:2Q-cv-00866-KJM-AC Document 9 Fi!ed 07/01/20 Pae7 ,1jO7
44 State of Calif cirnia 9j crary T U SyofStte tj: SeofCItfoma • • parad Asscatian SEP 28 2017
I.-'
nwtcry ti f C t— p*-
• wr ,.... _____ .. .. Qffi Ii )itrns J1 2 r ThB 2t C*Løi !gL 2 Coc
vaUeyRi
àti SI -.
a '! . SUC C. 82 • p staw. ftt mrvI 3 ij• C ca. 9523
nt: 'nt 1I9 *1{ft r f W*'FF. s .1T2 cUt T tkr *r.r.c If Ii
4 E npe. t u vtoz. avt cztit 4o r:n*; 5 bn . —4 -' ft
Iby Lu-m Saner c. t 4Mi 2t 1Th3Tr1 RtfteA .
i sio'aau bfl ThE S an In. ft i nrni wr i'r 1e aTh I ZrVtcify ttJ * th sflu ltn 1, r • - r.
7 b 1rn'5
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S
8. Tn ncqn
'Cab tP Int, - :; ThEn •. nrrtiIIE oF In Th fri
5 - S S
cEDg 3 nY C TE - -.
No O 508 I C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 48 of 107
Exhibit E se 22O-cvOO8&6-KJM-AC Document 9
* Lqllofl 'AT1 VTs
FOfiT rFI 0 1 TLL Oi L 1E1rr J O CON1)UCT A I TIGLT10c OF TilE Bt w.
ctt9 50 of DATA N PART 1 ND PART fl
- =Z}- u Jg
if L; hui
rmcQ-
T-
' c'.e 2 100866-KJM-AC Document 9 Filed 07/01/20 Page 53 of 107 tjl f/j l F I /
( } i.e\:u in (ikia. J! i•Vi i [(IQI L'L I \ (If II(GiJ IVj/ F) JU1.i' J. Ifr1 nat ut 'r Jureite of iqn s for Caiforni IncLan c Catforp Ld -
LlI/i'feI Et!. .If/j(i!//.
li - - C fri TJ a L. r iseI Y n I 9fG CJei !n':,h /,'ti wn. (iIifo,Ja 'cic :cVefl .L1 I iaas th i r nt-h, conssting of fortr 's tf rWa1 N ( . untv, C. .ljft.i thi_, ir 1 i.a t 1- F hv lic rtt a ry I I ur '- (! c. 'i',t. FIr. I 1ins- o i€u F '. I I I I FII ( 1 I I C I I 1 fr3IIi'J1.E hv t hi' pirt a l'k liht i tiIi'r :.&Iihrii 1 r.h I
/I1 /I! /11' If;//( I ; .P(J
V- _\ '1't- ti I k .f " .1 c Iia n., ci t Ii is nine hria
I 11 1 Fh t- I) U
tt M } ipi sI a tc i ii p€t C hue of
Jndtc fur thy iiirIrcr JIians f C&ntraI (. if nia at Jack-
. ' I ." .J
ary j)): -'s lV iiijr u I ()ttr cd 4.0 acrs
fr t h& .e ncnt.
F • 7 f - L../in'/ic /fUJ.' I/ f 1fIf'iiIw I --'r-i'(I!f,r, ( f p,f
1'hcri verc w I tlan- on h i- I'sva ion f :4() acres
f t n L1u - do (" nt (_ If flt PH L
u ri. ha 't l Lc crt't a ry I i 7.
- J r,qtio-n, (//.
MiwFk Indians on this i servat.ion of ;i acres
of h nut ii I'aJ n'w tiw , ( h c n .
Ex-t.t Onh'r Nu. J% IT of pri I. I 1 set aside lands for
this rsrvat.iun.
1Vil, t/-r-FfTIfl, (
vt-rt' ft M j\vtk I ci t h i. r st'rvat km I arre
of iriliat iaai-. it intv. fnhi. l9:ti-. I-aid.g
io •-I E v l- --rrc1 try i Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 54 of 107
Exhibit F Ce) BUREAU ( IM AFFAIRS J o INDEX TO INL! LAND REOORDS REALTY 0 1IL4'4 N flrpE GRANTO . RAAiEE DATE d 0. OF APPX INSTh /OL z 0 LU LU A. . _2MEI. a) I
0)
G) E 0 0 O
a)
aT. — :f• - aioai F81N3 IMIEITED CETFO.4E OF tD - tRUST DEED - PROSArE NO. P - FE PAEU Øfl. - óRDf • REi,.tt lE$rA,er,QN3 - Eif4 TY PEED . NERUI.A suaolv:S:ON S1icTED DEO flftmt Dl W&W . . HOE flEPRESEtT i.ors JHEF. G T TAc1 NO. WDRATg$ Wi.. m?O L.4JD IC " rfl rR.AiT ie 1HflIATES THIBAL L4ND
( S Cae 2:20-cv-00866-KJM.-AC Document 9 Filed 07/01/20 Page 56 of 107
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Section 4: Interpreting your results
Name: Efrirn Rentena
Data of Testing: 2Q16-OBiO
Results:
Native American Ancestry 11 % (7 % Taino, 4 % Blackfoot)
Non-Native American Ancestry 89 %
Ntve American DNATosting 1232 KgsIon Road, Toronto, ON MIN 13(416)691-4167
Ca e 2:20-cv-00866-KJM-AC Document 9 FUed 07/01/20 Page 62 of 107
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S Ca.e 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 65 of 107
Exhibit J S e 2:20-cv-00866-KiM-AC Document 9 Filed 07/01/20 Page 66 of 107
ATIORNEVOR PARTY WThOUTA17ORNEY: STATE BAR NO: 123476 - FOR COURT Lf$E ONLY NAME: Flemwn Fitc4i. Esq. FWM NAME: Atunck & AOSOO ales STREETADDRBSS: 910 RornRoad5212 CITY: Sacramento STATE: CA ZIP CODE: 95881 TELEPHONENO.: 016.4474400 FAXNO.. a [IURADUCO. SIIPERIUR CT. E-MAil. ADDRESS: ancflem15aw885yaMo.c0n ATTORNEY FOR (nemo planSifOeser cabahero SUPERIOR COURT ce CALiFORNIA. COUNTY OF El Dorado R1EJ OCT 17 2(119 h.it.5TADDRES5:3321 Ca noron Perk Drim C. MAHAN CITY AM) ZIP COOE:Camwor Perk, CA 96852 BRANCH NAME: CMI Ut*initc PlainttfffPetitionsr: Ceaar Caballero DefendantlRespondent Regina Cueller at el. REQUEST FOR x Entry of Default f1Clerks Judgment CASE NUMBEE: (Application) fli Court Judgment PC 20190492 Not for use in actions under the Fair Debt Buying Practices Act (Civ Code, . 1788.50 et seq.) (see C/V-105) 1. TO THE CLERK On the complaint or cross-complaint filed a. on 'dat1:,,t.13,19 b. by (name): Car Caballero c. Enter default of defendant (names): Regina Cueller ci. Irequest a court Judgment under Code of CMI Procedure sections 585(b), 585(c), 989, etc..aginst defendant (names):
(reslimony required. Apply to the cle,* fore I1eath7g date, unless the court iitdl entera judgment on an affidavit under Code Civ. Proc.,585(d).) e. J EntercleuWs judgment . (1) for restitution of the premises only and issue a writ of execution on the judgmena Code of Civil Procedure 11-74(c) does not apply. (Code Civ. Proc., § 116.9.) . . include in the Judgment all tonaflts, subtenants, r(amed claimants, and other occupants of the premises. The Prejudgmetfl Claim of Right to Rossesion was served in compliance with Code of CMI Procedure section 415.46. : (2)f -i under Code of Clvii Procedure section 585(a). (Complete the declaration under Code Clv. vc.. 585.5 on the reverse (item ).) (3) for dEfault previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint $ as of 1,COO,O0000 $ 050 b. Statement of damages* And injunctIve relief and restitutlonary disgorge ment as described in the complaint (1)Special So So (2) General $ 0 5 o c. Interest . $o d. Costs (see reverse) $ 0 $ e. Aftomey fees $ a $ o f. TOTALS $ friexceasof 51,000,000.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):. (*Personal injury or wrongful death actions; Code Civ. Proc., 425.11.) 3. (Check If filedni an unlawful detèiner case,) Legal document assistant orjnIawliiI detniner ___ allan ls'on die reverse (compta item 4). Date: octoberfl2olll Elizabeth Betceusid, Esq., SEN 245772 (YPE OR PRINT NAME) (SISNAThREOFPLAINWF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) 9'Deläult entered as requested on (date): OCT 1 7 2010 Default NOT entered as requested (state USE ONLY (2) J reasoC MAHAN Clerk, by ,Deputy Page letS .ffonnAdoptedrMundatyl,Jse ,' REQUEST FOR EwrRyoF DEFAULT ,liaI Coues8ofCallloiim mvits.ce4ov CIV.IO0Rev.4anuayi, 2018] (Application to Enter Default)
-.Cae 2:20-cv-00866-kJM-AC Document 9 Filed 07/01/20 Page 67 of 107
Plaintiff/etitio ier: CASE NUMSER: DefendanURespondent
4. Legal document assistant or unlawful defamer assistant (Bus. & Prof. Code, § 64D0et seq4. A legal document assistant or unlawful detainer assistant did did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistants horns: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date):
S. Declaratior under Code Civ. Proc., § 585.5 (for entry of default under Code OW. Proc., 585(a)). This action
a. is ) J is not on a contract or Installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. j is J x j is not on a conditional sales contract sutect to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. Is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Clv. Proc., § 395(b).
6. DeclaratIon of mailing (Code Civ. Proc., § 567). A copy of this Request forEnfry of f)efau!t was a. 11not mailed to the following defendants, whose addresses are unknown to plalntifl,or plainfiff's attorney (names): b. fJ mailed fist-class, postage prepaid, In a sealed envelope addressed to each defendanrs attorney of record or, if none, to each c efondanrs last known address as follows: (1) Mailed on (date): OoberJ2 2019 (2) •To (specify names and addresses shown qn the envelopes): Regina Cueller 5281 Honpie Road, Placenriule, CA 96687 I declare under penalty of perjury under the laws of the State of California that the Items 4, 5, and. true a orrect. Date: Odcber2O19 - Elizabeth Betowskl, Esq. [TYPE OR PRINflMME)
7. Memorandum of costs (required If moneyJudgment requested). Costs and disbursements are as follows (Code Clv. Proc., § 1033.5): a. Clerk'sffllng fees $Ieewar b. Pmcessservers fees C. Other (spec/nj): $ °so d. e. TOTAL $ o.00 f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs Is correct and these costs were necessarily incurred in this case. I declare under penaity of perjury under the Jaws of the State of California that the forgoing is true Date: Octol,er Elizabeth Betawsid, Esq. (TYPEORPRSrINAMEI (SI5IATUREF DELARN11 8. Declaration of nonmilitary status (required for ajãdgment). No defendant named in item i of the application Is in the military service as that teii*le defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Mliitary and Veterans Code section 400(b). I declare undepenalty of perjury under the laws of the State of California that the fore Date: OeIOer I 1 .2019 Elizabeth Betowskl, Esq. (TYPE OR PRINT MME) tsIoNAnmEop ozcl.ARAN'T) Pge 2ofz cry-iso Rev.Jnuary 1, 2Oi8 REQUEST FOR ENTRY OF DEFAU,,T (Application to Enter Defáizlt) Cake 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 68 of 107
l.40 ATTORHEYOR Pft1TVWrflUT ATTORNEY: STATE EAR NO: 123476 PoRCQUA'r USE ONLY NAME: Herman Fwfld:. Esq FIRM NAME: Fr.nck & Assodeles SIREETAODRESS: 910 Flapin RoadS2l2 crTy: 54o STATE: CA ZIP CODE: 95831 TELEPHONE NO.: O16-44744D0 FAX NO.: EL BURAIIO CU. SIIPERIDR cr. E-MAil. ADDRESS: lranckha-m8nInw88©yahoo.com .1toFORnanW PIalniutCesarCaatero FILED OCT 17 2019 SUPERIOR COURT OF CALIFORNIA, COUNDI' OF i DaraM STREET ADDP.ESS: 3321 OMneron Paris Drive s MAUJNC ADDRESS: C. MAHAN. _ CITY AND ZIP CODE: Cemeioi PaIIr, CA 98682 BRANCH HANS: Civil UntaMed Plarntiff/Petitioner Cesar Caballero Defendant/Respondant Refrllra Dueller el al REQUEST FOR Entry of Default — Clerk's Judgment CASE NUMSER: (Application) Court Judgment PC 20190492 Not for use in actions under the Fair Debt Buying Practices Act (Clv. Code, 51788.50 et seq.) (see CIV-105)
1. TO THE CLERK: On the complaint or cross-complaint flied on (date): Sept, 13,2019 b. by (name): CerCb8Iiaro c. x Enter deault of defendant (names): Allan Caripbeli d.f_i I request a court judgment under Code of Civil Procedure sections 585(b), 585(c). 989, etc., against delèndant (names):
(Testimony required. Apply to the cle'* fore hearing date, unless the court will enter a judgment on an affidavit under Code Clv. Proc., 5585(d).) e. 1i Enter cIerka Judgment • (1) for restitution of the premises only and issue a writ of execution on the judgmenl Code of CMI Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) include in the Judgment all tenants, subtenanis, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Pocenslon was served in compliance with Code of Civil Procedure section 415.46. (2) unde Code of CMI Procedure section 585(a). (Complete the declaration under Code Civ. Proc., 5585.5 on the reverse (item 5).) (3)f_i for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledoed Balance a- Demand of complaint $ inex000sofl,000,000.OD $ 0.00 $ i,aoo,000,00 b. Statement of damages* And injunctive relief and restitutionary disgorgement as described in the complaint (1) Special 5.0 $ 0 • (2)General $o c. Interest $0 5 , d. Costs (see reverse) $ 0 $ o e. Attomeyfees $o $o f. TOTALS $ Inexcasso181,000,000.O0 $ 0 g. Daily damages were demanded In complaint at the rate of: $ per day beginning (date): (* Personal b!jwy orwrongM death actions; Code CM Proc., 5425.11.) - 3. fli (Check if filed m an un!asfài detainer case.) Legal document assistant ojniewhJl detainer assistant information is on the reverse (compete item 4).' Date: Octrfl 201 Elizabeth Betowskl, Esq., SBN 245772 yeerOR PRINT NAME) L- IRIGNATURE OF - ORATTORNEY FORPt.AINTIFF)
FOR COURT (1) Default entered as requested on (date): (JC 1 1 7 ZIJJ9 US ONLY (2) 11 Default NOT entered as requested (state reason): Clerk, by . Deputy Papa I of 2 MAHAN - 0cofOntoeedi 1169 Fc,mAdupled for Mandatopy Uae REQUEST FOI ENTRY OF DEFAULT .judldalCcrjndft of CalifornIa :: - .. 90 01V.WojRrocJaiwary 1. 2018J (Application to Enter Default)
07/01120. Page 69 of 107 Case 2:20-cv-00866-KJM-AC Document 9 Filed
PknntlfflPeionor I CASE NUMBER; Defendant/Respondent
4. L.egal document assistant or unlawful detainer assistant (Bus. & Prof. Cods, 6400 et seq.). A legal document assistant or unlawful detainer assistant rod El did not for compensation give advice or assistance with this form, If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:
a. Assistant's no me: C. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: t. Expires on (date):
5, x Declaration under Code Civ. Proc., 585.5 (for entry of default under Code Civ. Proc, 585(a,)). This action a. fl.."] is is not on a contract or 'installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. fl'J is fli is riot on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sates and Finance Act). c. fl is F''i' is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. not mailed to the following defendants, whose addresses are unknown to plaintiff or ptalniiff attorney (names):
b. mailed flj'st-class, postage prep&d, in a seated envelope addressed to each defendants attorney of record or, If none, to each oefendant's last known address as follows: (1) Malled on (date): Octoberj2. 2019 (2) To (specify names and addresses shown on ifie envelopes): Allan Campbell 5281 Honpie Road, PlaceMlle, CA 95667 Ideclare undeenaI1y of perwy underline laws of the State of Californis thatthefo '' gltems 4,5, .. - ' e and correct Date: October jj, 2019 ElIzabeth Betowskl, Esq. EORPRWINAME) (suNA'ruRE OFD€CLARANT} 7. Memorandum ofcOsts (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5); a. Clerk's filing feoc $ foe waMr b. Process serveis fees $ $0.90 C. Other (specify): $ 0.00 d. $o.oc e. TOTAL $ 0.00 f. '' costs and disbursements are waived. 9. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare under penalty of perjury under the laws of the State of California that the foregol.' . true and corraet. Date; Octobcj.j2019 ElIzibeth BetOWSId, Esq. (IWE Oft PftINT NAME) -(SIGNATUIer OF OECLARAN1 8. Declaration of nonmilitary status (required)ora)udgment). No defendant ndified in Item lc of the application is in the military service as that term Is defined by either the en6cernembers CMI Relief Act, 60 U.S.0 App. § 3911(2), or California Military and Veterans Code section 400(b). 1 declare under penalty of perjury under the laws of the State of California that the -'s true Date: Oct090r,Jj 2019 Elizabe±h Betawski. Esci. (TVI'EOR P1ON1' NAME) (SIGNMURE OF OEciARANT) ow-ice (Rev. Joeuory 1. 2018J REQUEST FOR ENTRY OF DEFAULT Pge2 012 (Application to Enter Default) Ca e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 70 of 107
ATTORNEY OR PARTY WITICIUT ATTORNEY: STATE BAR NO: 123476 FOR COURT USE ONLY NAME: HOITIian Frandc. Esq FIRM NAME: FraME S S7REEIADDREZS: 910 Flarn Road N212 CITY: Saramonto 51TE: CA ZIP CODE: 95831 TCI.EPHONENO. 0164474400 FAXNO.: EL EIDRA[JO CLI. SUPERIJIR CL E.ADDRES3 NaMEfle [email protected] ATTORNEY FOR (neme PIfrraiff Ceser CabaUsro SUPERIOR COURT OF CALIFORNI&, COUNTY O! El boradc FILED OCT 17 2U1 STREET AODRESE: 3321 Ca1Brcn Park Dnve MAiLING ADDRESS: CL IVIAHA N CrrYaND Zip 000E:Cameror Perk, CA 95682 Deputy BRANCN NAME: Civil LinI mftel PtainfiWPetitioner Cesar Caballero DefendantlRespondantriegina Cuelleret aL NUMEEIE REQUEST FOR Entry of Default — Clerk's Judgment (Application) Court Judgment PC 20190492 Not far use in actions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 et seq.) (see Cl V.405)
1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): Sept 13,2019 b. br (nEllIe): Cer Caballero c. x 1 Enter delault of defendant (names): Pat Cueller
d. I request a court judgment under Code of CMI Procedure sectIons 585(b), 585(c), 989, etc., against defendant (names):
(Testimori' required. Applyto the clerk fora hearing date, unless the couit will entera judgment on an affidavit under Code Civ, Proc., 585(d).) e. [J Enter clerk's Judgment (1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Clv. Proc.; § 1169.) Include In the Judgnent all tenants, subtenants, named claimants, arid other occupants of the premises. The Prejudgment Clsim.of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2)1 I undo Code of Clvii Procedure section 585(a). (Complete the declaration under Code Civ. Proc., 585.5 on the reverve(1tem5).) (3) for default prevlóuély entered on (date): 2. Judgment to be enterod Amounj Credits acknowledged 8a1ance a. Demand of complaint $ t seoeeso 1,000,000.00 $ 0.00 S inoo,coo.00 b. Statement of damages* And Injunctive relief and restitudonary disgorgement as described in the complaInt (1)Special . $ 0 $0 (2)General $o $ 0 $0 c. Interest $o $0 •$ a d. Costs (see reverse) $ a $ a $ 0 e. Attorneyfees.. $0 $0 $0 f. TOTALS $ In eessof$1,000,Q0O.0O $ 0 $ hieacessor$lpm,00.00 g. Daily damages were demanded In complaint at the rate ol $ per day beginning (date): r Personal injury or mvngM death actions; Code Civ. Proc., 425.11.) S. f) (Check If filedi, an unlawful detalner case.) Legal document assistantor I detainer rmation is on the reverse (cbmpiete Item 4). Date: øctoberjj.. 201 EltsabalR Betowskl, Esq., SBN 246772 fl'PE OR PRINT RAMS) lURE OFPLAINTWF OR ATTORNEY FOR Default entered as requested on (date): FOR COURT (1) 'Cl 1 USE ONLY' (2) Default NOT entered as requested LIIAN Clerk, by .Deputy Pagelof2 FomMocdrorMeodaloly Use Code of Civil edure.fi585.587, 1183 .ludldal COIaOf CoilfoInla REQUEST FOENTRY OF DEFAULT cl.iva (Rev.January 1, 2010] (Application to Enter Default)
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 71 of 107
Cfl(-100 PiaintlfflPetltioier. CASE NUMBER DefendantiRespondant
I
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, 6400 et seq.). A legal document assistant or unlawful detainer assistant did did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's nane: c. Telephone no.: b. Stret addresa, city, and zip code: d. County of registration: a. Registration no.: f. expires on (date):
5. rin Declaratior under Code Civ. Proc., 585.5 (for ently of default under Code Civ. Proc., 565(a)). This action a. fl is is not on a contractor installment sate for goods or services subject to Civ, Code, 1801 et seq. (Unruh Act). b.fll is 1T lenot on a conditional sales contract subject to Civ. Code, 2981 et seq. (Roes-Levering Motor Vehicle Sales and Finance Act). c. fJ is is not on an oblrgation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mJl1ng (Code Civ. Proc., § 587). A copy of this Request for Ently of Defauft was a. not malled.to.the following defendants, whose addresses areunknown toplaintlff orplaintlif's attorney (names):
b. f1mailed ftst-ctass, postage prepaid, in a seated envelope addressed to each deferidsnts attorney of record or, If nones to each c efendanrs last known address as follows: (1) Mailed Or) (date): 0c10bj22019 (2) To (specify names and addresses shown on the envelopes):. Pat Cuelter 5281 Honple Road, Placervllie, CA 95667 ldeclareunderpenaIt ofperjuryuriderthelaws of the State of California thattheforeein! items 4,5, a .. a and correct. Date: Ocb.rll,2010 - 1izabeth Betowsid, Esq. (TYPE OR PRINT NAME) (SIGNATURE OFDECtPRAN1) 7. Memorandum of costs (required If moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. CIersflhlragfors $ wever b. Process server's fees . $ so.00
c. Other (specã1: $ 0.00 d. $0.00 a. TOTAL $ oo f. El Costs and disbursements are waived. g. I am the attomej, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum Of costs Is correct and these costs wore necessarily incurred in this case. I declare under penalty ,f pejury under the laws of the State of California that the fo - and corre Date: odoberjj., 2010 Elizabeth Betowski, Esq. ('YPEOR PRINT NAME) (SIGNATURE OFOECLARANT) 8. DeclaratIon of norn1111ary $atus (required forejudgment). No defendant named in item Ic of the application is in the military service as that term is defined by either ttie SeMcemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and Veterans Code section 400(b). I declare under natty of perjury underthe laws of the State of California lhatthe fo d car Date: OcMber , Elizabeth itetowalci, itsq. (TYPE OR PRINTNAMS) (SIGNATURE OF DECLARANT) Pagi,2 of 2 O100fRev.Jmiw 12OiE REQUEST FOR ENTRY q. DEFULT (Application to Enter Default)... Ca e 2:20-cv-00866-KJM-AC Document 9 . Filed 07/01/20 Page 72 of 107
TATTORNEY OR PARTY WIThOI/TATrORNEY: - STATE BAR NO: 123471; caum-ure ows NAME Herman FrmcJ. Ea. FIRM NAM& Franck& Aesoceles STREET AI3DRESS: 910 FIori Reed #512 CITY: SeEmente STATE: CA ZIP CODE 95831 TELEPHONE NO.: D1S-44784C0 PA No.: E-MAIL ADDRESS: [email protected] EL OUWAUD [0 UPER1IIR CT ATrORNEY FOR (name): Pla ntE( Onset Cabevero StJPRIOR COURT OF CALIFORNIA. COUNTY OF ElDorado FilED OCT 17 2019 STREET ADDRESS 3321 Cameron Part DrIve MAILING ADDRESS: CDV ANtIZIP CODECamemn Part. 5A98682 BRANCH NAME.: CMI tiM CIteS . PtaintlfflPetltioner CeSar Caballero DefendantlRespondent ReGIna Cualler at REQUEST FOR Entry of Default Clerks Judgment CASE NUMEER (Application) — Court Judgment PC 20190492 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Codes 1188.50 et seq.) (see Cl V-lOS) 1. TO THE CLERK: • the complaint or cross-complaint filed a. on(ciala): $ept.13,2019 - " 1" by(Aamo) Ce Caballero c. fli Enter do nit of defendant (names): Brian Fon eca d. J1 Irequest court Judgment under Code of Civil Procedure éections 585(b), 585(c), 989, etc., against defendant (names):
(Testlmon required. App(yto the clrek (era hoaripg dale, unless the court will enterajudgrnent on an affidavit under Code CM mc., 585(d).) e. Enter ole 'a judgment (1) for on of the premises only and issue a writ of execution on the judgment Code of Civil Procedure section 1'174 does not app1y. (Code Clv. Proc., § 1169.) IIn lude In the jydgrnent all tenants, subtonants, named claimants, and other occupants of the premises. The P dgment Claim of PJght to Possession was served in compliance with Code of Civil Procedure section 4 5.46. (2) r—i Code of CMI Procedure section 585(a). (Complete the declaration under Codi Civ. Proc., 585.5 on the rove (Item 5).) (3)FT for ult previously entered on (date)! 2. Judgment to bee d. Amount Credits acknowledged Balance a. Demand of corn aint $ leexcesseU,000090.00 $ 0.00 5 i.000.000.00 b. Statement of da agest And injunctive relief and restitutionarydlsgorgement as described in the complaint (1) Speolal $0 $ 0 $0 (2) General -8 0 $ 0 $o C. Interest $ 0 $ 0 $0 d. Costs (see rev e) $ 0 $ 0 so 0. Attorney fees $ 0 $0 1. TOTALS $ In excess of $1 .000.000.00 $ 0 $ lilexcessofSl,000,00.00 g. Daily damages re demanded In complaint at the rote ot $ per day beginning (date): (' Peraonai injury or ngful death ac21ons Code Civ. Proc., § 425.11.) 3. (Check if fliedI an unlawful defamer case.) Legal document assistant or wfui deter r assistanti ation ison the - reverse (compi to item 4). Date: 00t0berJ2 201 abeth etcmsld, Esq.. SBN 245772 OR NT NAME) uNATUR!OF PL ffiPF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) Default entered as requested on (date); T 1 7 ZUTh USE ONI.Y (2) Default NOT entered as requested (state reasons Clark, by MAHAN Deputy Page 1 of 2r FwmAdo lorMnadattrryliae Coda or Clvi Proeed1Ver5 585-887,1169 t' r. JMCôun8ofceIIIarIa REQUEST FOR ENTRY OF DEFAULT cN-10 tv.Janae 1, 201w (Application to Enter Default)
Case 2:20.-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 73 of 107
Ci V-I 00 PlainttfflPetltioner cAEUMBER DeiendantlRespondent:
4. Legal document assistant or unlawful defamer assistant (Brs. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawfu' detainer assistant j' did 1 did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawlul detainer assistant, state: a. Assistant's name: - c. Telephone no,: b. Street address, city, arid zip code: d. County of registration: e. Registration no.: f Expires on (date):
5. f] Declaration under Code Civ. Proc., § 585.S (for entry of default under Code Civ, P,vc., § 585(a)). ThiS action a. is I x is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 at seq. (linruh Act). b. I is LJ is not on a conditional sales contract subject to Civ. Code. § 2981 at seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is 3fl Is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. DeclaratIon of mailing (Code Civ. Proc., § 587). A copy of this tequest for ni'y ru Default was 5 j1 not mailed to the following, defendants, whose addresses are unknown to plaintiff or plilfrWattomey (names:
b. [] mailed fIrst-class, postage prepaid, to a sealed envelope addressed to each defendant's attorney of record or, If none, to each dafendanfs last known address as follows: ni7 (1) MaIled or (date): Osiol .o (2) To (specif.ynarnes and addresses show on the envelopes): Brian Fonseca 5281 Honpie Road, Placerville, CA 95667 I declare under penalty of perjury under thq laws of the State of California that the fore 4,5, and. are true - d correct Date: Octøber2O19 Elbàbeth Betowski, Esq. CTYPEOR PRiNT NAME) iSlGNATUREOFDECLARANT) 7. Memorandum of casts (required if moneyjudgment requested). ,Costs and disbursements are as fellows (Coda Clv. Pioc., § 1033.5): a. Clerk's filing fees $ waiv& b. Process server's fees - $ sass a. Other (specify): $ 0.00 d. $o.00 e. TOTAL $0.00 f. Costs and disbursements are waived. g. I am the attomey agent, or party who clalnis these costs. To the best of my knowledge and belief this memorandum of costs Is correct and these costs were necessarily incurred in this case. 1 declare under penalty of perjury under the laws of the State of California that the fe .. ' g is true and co Date: OGIOb&j2, 2079 Elizsbeth Betowsld, Esq. (TVEOR PRINTNAME) (SIGNATURE OF DSCLARAN1) 8. Declathion àf nonmilltaiy status (required fore judgment). No defendant named in item Ic of the application is in the military service as that term i defIned by either the Servicamembers Civil Relief Act, 50 U.S.C. App, § 3911(2), or California Military and Veterans Code section 400(b). I declare undernanalty o perjury under the laws of the State of Cafrfomia that the foregeim is true and corre Date: Ol,*QbeTJ7 2019 Eliza ,etb Setowsid, Esq. (Ti'PE OR PRINT NAME) CW-100 jRv. Januely 1. 2018j REQUEST FOR ENTRY OF DEFAULT , Pa9e2of2 (Application to Enter Default) C4e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 74 of 107 r
ATTORNEY OR PARTY WIT831rr ATTORNEY: STATE EAR MO: 123476 R COURT USE ONLY NAME Herman FrancJ, ER FIRM NAME Francic & Asa0ates STREEIAODRESS: 910 Fltwln Reed #212 C1TY- Sacramento STATE: CA Zl P CODE: 98831 EL CUIRADO CO SUPERIOR CI E-WJLADDRESS frndthemanIewB8yahoocom ATTORNEY FOR (rtwnsl: PJOZ'41ff Cesar Osoallero SUPERIOR COURT or CALIFORNIA, COUNTY OF El FILED OCT 17 2019 STREET AODRRSS:3321 CWTIOTOR Pndr Drive MAILIMSADORESS: 5y -- CITYANDZIP C000:Camemn Park, CA 95682 BRANCH NAME1 CMI urtltniters PlaintIfffPetitioner Casar Caballero DefendantlRespondentRepina Cuakeret al CASE NtJMSER REQUEST FOR Entry of Default — Clerk's Judgment PC 20190492 (Application) 1 Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 et seq.) (see Cl V-lOS)
1. TO THE CLERK On the compleint or orosomplaintlilecl a on (date): Sept. 1,2O19 b. by (name): Camar cmoeuem c. Enter deult of defendant (names): Nicholas H. Fonseca d. f] request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
(Testimony required. Apply to the clerk fora hearing date, unless the court wd! entersjwdgment on an affidavit under Code CA'. Proc., § 685(d).) - e. fli Enter clerk's judgment (1) for restitution of the premises only and issue a writ of exepution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Clv. Proc., 1169.) - Include in the Judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession wae4erved In compliance with Code of Civil Procedure section 415.46. (2) r—i unde Code of CMI Procedure section 585(a). (Complete the declaration under Code dy. Proc., 585.5 on I/ia reverse (item$).) - - - (3) 1 for default previously entered on (date): 2. Judgment to be entered.. Amount Credits acknowledoed Balance a. Demand of complaint - $ ivsxcessotl.000.000.bo 0.00 5 1.000.000.00 b. Statement of damage? And injunctive relief and restitutionary disgorgement as described in the complaint (1) Special a $ a $0 (2)General $0 $0 $ O• c. interest $ 0 $ 0 $0 d. Costs (see reverse) $ 0 $ c $ 0 e. Attomeyfees $ a $o f. TOTAL.S $ in excess orsl.000,000.00 $ U $ In excess of $1 ,D0DOO.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): r Personal injwy or wrongful death actions; Code CM Proc., 425.1 1.) 3. f-1 (Check if ffiedui an unlawful detainer case.) Legal document alsistant or unlawful do IbiTnation is on the reverse LRompete item 4). Date: Octobert! 2019 Bizabeth Betowaki. Seq., SEN 245772 (TYPE OR PRINT NAME) OF PLA*IT1FP OR ATTORNEY FOR P1.AI11FF> Default entered as requested on (date): FOR COURT (1) t4 - t 7 (J USE ONLY (2) L.J Default NOT entered as requested (state reason): Cleric, by C MAHAN , Deputy Pagal eSS Foss Moped for Mandeloly Use Oode ci CMI Prccadure, §5 5E58r,t69 JudicIal C,udIorCaBOrflIa - - REQUEST FOR ENTRY OF DEFAULT cn6ioo tRay. 4eslmry 1, 2018k (Application to Enter Default) -.
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 75 of 107
CW-1OtJ Plaintiff/Petitioner: CASE NUM6ER DefendantfRespondent
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant did Efl did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address, city. and zip cads: d. County of registration: e. Registration no.: f. Expires on (date):
5. J x Declaration under Code Civ. Proc., 55855 (for entry of default under Code Civ. Proc., § 585(a)). This action a. I I is is not on a contract or instatiment sale for goods or services subject to Civ. Code, 1801 et seq. (Llnruh Act). b. fl1 is lxi is not on a conditional sales contract sutect to Civ. Code, § 2981 et seq. (Rees-L.evering Motor Vehicle Sales and Finance Act). c. [ is F1 is not on an obligation for goods, services, loans, or extensions of credit sutect to Code Clv. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for ntiy of Default was not mailed to the following defendants..whose addresses are unknown to plaintiff or plaintiff's dttorney (narnes)i b. (1mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): 0c10b0rJ22019 (2) To (speciTynarnes and addresses showa on the envelopes): Nicholas H. Fonseca 5281 Honple Road, PlaceMle, CA 95667 I declare under penalty of perjury under the laws of the State of California that the fogoing items 4,5, an. . true and correct Date: oetoaerJ, solo Elizabeth Betssiakl, Es4. III) (TYPE OR PRHfT NAME) SIGNA7UREOFDECI.ARANT) 7. Memorandum of casts (required If moneyjudgment requested). Costs a disbursements areasfothws (Code Civ. Proc., § 1033.5): a. Clerk's filing fees $ fee Waiver b. Process server's fees $ $0.00 C. Other(spedfl): $ 0.00 d. $0.00 a. TOTAL $ 0.00 f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct end these costs were necessarily Incurred in this case. I declare under penalty ci perjury under the laws of the State of California that the fore I is trand5orrec
Date: OcobeLD,20i9 Betowsiti, Esq. (WE OR PRINT NAME) f$IGNATaE0FDEcLARANT) 8. Declaration of nenmlltaiy status (required (era judgteerd). No defendant namedtih item ic of the application Is in the military seh,ice as that term Is defined by either the Servicemernbers CMI Relief Act, 50 U.S.C. App. § 3911(2), or California Military and Veterans Code sectior 400(b). I declare under penalty of perjury under the laws of the State of California that the fo,ggo1ng is true a Date: cwber 17 .2019 Elizab'8th Betowsiti, Esq. (TYPE OR PRINT NAME) (SIGNA7URE OF0EcLARNT) OW-ISO fRey. JanultY 1,20103 REQUEST FOR ENTRY OF DEULT Pege2 et2 (Application to Enter Default) Ca e 2:20-cv-00866-KJM-AC Document 9 Filed 07101110 Page 76 of 107
ATrORNEY DR PARTY WITH DIJT A1TORNEY: STAlE PAR ND: 123476 FOR COURT USE 0MEV NAME: Herman FranCe. Es FIRM NAME: Franck & Assccmter SI H1 ADDRESS: 910 fflodr, Road 5212 CITY: Sniontc, STATE: CA ZIP CODE: 95931 0164474.400 FAXHO.: E-L ADDRESS: a DURADU CD. SIIPERIIIR ATTORNEY FOR tnm7Ie P1I1MT Cesr Caballero SUPERtOR COURT OP CAUFORNIA, OOLJNTY)F El Dorado FILED OCT 17 2fl9 STREET ADDRESS:3321 Ceeron Perk Drive MAP.ING ADDRESS: CITY ANDZIP CODECameror Park, CASS6P2 SEARCH NAME: Clvii Un..mliod Ptiff/Petltiorn CasarCbaliero Defendant/Respondent RepIne Cuelieret al.
REQUEST FOR EntTy of Default Clerk's Judgment CASE NUMBER: (Application) Court Judgment PC 20190492 Not for use in ictions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 et seq.) (see CIV-105)
1. TO THE CLERK: On the complaint or cross-complaint filed a. on (dde):. Sept.13. 2(119 ...... b. by (name): Ce5arCabsllefo c. flfl Enter default of defendant (names): Annie Jovies d. I request a court judgment under Code of Civil Procedure sections 585), 585(c), 989, etc., against dethndant (names):
(Testimony required. Apply to the clerk fora heating dats unless the cowf will entera Judgment on an affidavit under Code Clv. Proc., § 585(g).) a. Enter clerk's Judgment (1) for restitution of the premises pniy and Issue a writ of execution on the judgment. Code of Civil Procedure section 'ti'4(c)does not apply (Code Clv. Proc., § 1169.) f — Include ir theJiidgment all tenants, subtenants, named claimants, and other occupants of the premises. The • , f'reJudgment Claim of PJ.ghtto Possession was served in compliance with Code of CMI Procedure section - 415.46.- (2) 1 1 unde' Code of Civil Procedure section 585(a). (Complete the declaration under Code CM Pmc., 585.5 on the reverse (Item 5).) (3) f -1 for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of corn llaint $ in excess of 1.000.000.00 $ dea $ i,cao,000.00 b. Statement of damages* And Injunctive relief and restltutionary disgorgement as described in the complaint (1)Special $o (2)cenoral.. So $ 0 c. Interest $ 0 $ a $ 0 d. Costs (seereverse) $0 e. Attomeyfees... $o $o $ 0 f. TOTALS 5 Inexceasof&1,000,000.00 $o $ In excess of S1.000,00.aD g. Daily damages were demanded in complaint at the rate of $ per day beginning (date): ('Personal injuiy or wrongful death actions; Code Civ. Proc., 425.11.) S. (Check ifJetho an unlawM detainer case.) Legal document assistant or unlawful detalner assistant information Is on the reverse (âornp ate item 4). Date: 0b1Jj2019 Eftzebetfl BewslcI, Esq.. SBN 245772 (TYPE DR PRINTRAME) ' ' 1' . ThRE OF PLAINTIFF ORAlTOnNEYFOIS PLAINTIFF) FOR COURT (1) •3C1 Defaultentered as requested on (date): 7 2019 USE ONLY (2) Default NOT entered as requested (state reason).1, Clerk, by IVLAHAN - , of 2 FcrmMepledlorMandaloiy Use code of CMI pocceciure, pp ns-aar. 1169 REQUEST FOR ENTRY OF DEFAULT Judicial Council of Calfamla orai&ca pow dy-lao IRev.Janua,y 1. soiej (Application to Enter DefaUlt)
Case 2:20-cV-00866-KJM-AC Document 9 Filed 07101120 Page 77 of 107
cIV-I DO Plaintiff/Pethjer: CSE NUMBEa DefendantlRespor,dent
4. Legal document assistant or unlawful dotainer assistant (Bus. & Prof. Code, 6400 et seq.). A legal document assistant or unlawful detairier assistant did did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Te'ephone no.: ti. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date):
• 5• Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. is j x J is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is is not on a conditional sales contract subject to Clv. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is f1 is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was notmald to thefáHól,41hg defendbnts,whose adcss s are unknown toplainliff or plaintiffs attorney (names):
b. mailed fist-class, postage prapald, In a sealed envelope addressed to each defendant's attorney of record or, If none, to each defbndant's last known address as follows: (1) MaIled oi (date): cecbsrJ2 2019 (2) To (speoll names and addresses shown on the envelopes): Annie Jones 5281 Horipie Road, PlaceMlle, CA 95667 1 declare under enalty of peijury under the laws of the State of California that the fore .j. g . true and Date: ooer 2019 ElabdffBeto*sk1, Esq. OR PRWrNIE) (SIA1tiRE ccDEcLARAN1) 7. Memorandum of aosts (required if money Judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a Clerk's filing (eCS $ fee waver b. Process server's fees $ soon c. Other (spec $ °i'° ci. e. TOTAL $ 0.00 f. f1Costs and disbursements are waived. g. lam the attornej, agent or party who ctafrns these costs. To the best of my knowledge and belief this memorandum of costs Is correct and these costs were necessarily Incurred in this case. I declare under penalty of perjury under the laws of the State of California that the for. - g is Date: Elirabeth Betowski, Esq, CY OR PRINT NAMEI (SIGNATURE oInEc1.aRANT3 '8. Declaration of nonmilitary tatus (required (era judgment). No defenciagteed in Item Is of the application is in the military service as that terms defined by either the Servicernembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Mllltary and Veterans Code section 400(b). I declare under penalty of perjury under the laws of the State of California that the fore Date: ocmper .LJ. zois Elizabeth Betowski, Esq. (TYPE OR PRINT NASIE) (SIGNATURS OF OECLARAI4T} P.2ef2 cW.100lRev. .ianualy1. 2D12j REQUST.FOR ENTRY OF J ALILT., (Appllcatläntä Enfär Default) Ca e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 78 of 107
ATTORNEY OR PARTY WJTHthIT ATTORNEY; STATE BAR NO: 1234?O FOR COURTUSE ONLY NAME: Henunn FranNL Esq. FIRM NAME: Fmnck &AsnNIes STREETAODRESS: 910 Feru Road #212 Cliv: SacmqflN STATE: CA ElF CODE; 9593 ELDURADU CDUPERI1JR T. E4IAIL ACORESS: tiancicfle,nanweaOyahoo.com ATTORNEY FOR (name): Raft or Caner Cabaflero SUPRIO1 COURT OF ALJFORNIA, COUNTY OF o Oorado .Ffl.ED ' OCT 17 2019 STREET ADDRESS:3321 Cameron Paift D,(ve
CITY ANC VPCOOE;Cazaeaon wk, CA 95882 BY Cr VlL4J4AN BRANCH NAME: CMI UflIrMad DepUty PlalntlfflPetitiono r: Cesar CsballIRe DefendanttResponder t: RegfrIa CuetNet aL REQUEST FOR E Entry of Default fl] Clerkts Judgment (Application) Court Judgment PC 20190492 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 et seq.) (see Cl V-I 05) I. TO THE CLERK: On the complaint or cross..complaint filed
a. onf'date): Sep!.3.2019 1 b. by (name): Casacaath a. —i Enter default of defendant (names): Jessica Godsey Olvera
d. —i I request ó court Judgment under Code of Clvii Procedure sectIons 585(b), 585(c), 989, ott., against defendant (names):
(Testimonj required. Apply to the clerk fora heating date, unless the cowl will enters judgment on an affldavft under Code Civ. Proc., 585(d).) e. Jj .Enterdeltt'sjudgment (1) for restitution of the premises only and issue a writ of execution on the judgment Code of CMI Procedure section 1174(2) does not apply. (Code.Civ. Proc, § 1169.) lnslude in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment claim of Right to Possession was served in compliance with Code of CMI Procedure section 41&.48. (2) under Code of CMI Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5)j (3) for default previously entered on (date): 2. Judgment to be entered. Amount Credits ecknowted.ged Balance a. Demand of comp aint $ aesaesaori,000,000.00 $ o.00 $ i,000,aoo.00 b. Statement of damages* And injunctive relief and restitutlonarydlsgorgementas described In the complaint (1)Special $ 0 5° 5°
(2) General $ 0 $ 0 s .c C. interest $ o $ $ 0 d. Costs (seereve.rse) $o $0 a. Attomeyfees $ 0 $ 0 $ 0 f. TOTALS $ neneeascfsl,000,000.0O $ 0 $ Ieexcensors1.000,00.co g. Daily damages were demanded in complaint at the rate of $ per day beginning (date): ('Parsonelinju,y or wrongful death actions; Code Civ. Pvc, 425.11.)
3. (Check if flied fri an unlawful.detalneç,case.) Legal documentassistant or I do -tn.-tcyt h,1oasnahorais on the reversi,tcqmp!ete item 4). Date: octoberJi 2019 Elizabeth Betowskl. Seq., SBN 245772 (TYPE CR PRINT NAME) OF PLAINTIFF ORATIORNEY FOR PLAINTIFF) POR COURT (1) iii Default entered as oaquestod on (data): UC( 1 7 2019 USE ONLY (2) 1 Default NOT entered as requested (state reasofl MAI -IAN Cleri,by ______,Deputy Pa1
PolrnMedforMandatoqfUse CodaofMIPrQcedare.5695587 1189 REQUEST FOR ENTRY OF DEFAULT &diclelCoia,cllofteEomla CIV-100 ev. &nusiy 1, 2018) (Application to Enter Default)
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 79 of 107
Cflt-100 Painflff/F'etltioner: CPSE NUMBER. Defendant/Respondent:
4. Legal document assistant or unlawful detairier assistant (Bus. & Prof. Code, 6400 et seq.). A legal document assistant or unlawful detainer assistant 11did J} dirt not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street addresl, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date):
5. f Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. r—i is is not on a contractor installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unrub Act). b. f') is j x Is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act).
C. r Is EJ is not on an obligation for goods, Services, loans, or extensions of credit suect to Code Clv. Proc., § 395(b). 6. Declaratlen of maIling (Code Clv. Proc., § 581). A copy of this Request for Eny of Defauit was a not mailed to the fotiowing defendants, whoseaddresses are unknown to plaintiff or plaintiffs attorney (nanies):
b. mailed first-class, postage prepaid. in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed or (date): 0c10berj2., 2019 (2) To (specify names and addresses shown on the envelopes): Jessica Godoy Olvera 5281 Honpie Road, Piacerville, CA 95667 I declare under penalty of perjury under the laws of the State of California that the foregjgg. item , 5, and. true and correct Dale: Ouoberj3, 2019 Elizabeth Setowski, Esq. fflPE OR PRINT NAME) SIGNATURE OF 0Ecl.ARANT) • 7. Memorandum of costs (required if money judgment requested). Costs and • isbursements are as follows (Code Civ. Proc., § 1033.5): a. Cleric's filing fee9 $ fee wah,er b. Process servers fees . $ so.00 c. Other (specily.): $ 0.00 d. $0.00 a. TOTAL $ 0.00 f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarI' Incurred in this case. I declare under penalty of perjury under the laws of the State of California that the f • -.r1gistrueandcorre. Date: Octoberjj.,soio Elizabeth Betowski, Esq. çrrpaan PRINT NAME) lURE OF 8. DeclaratIon ofnonnillltary status (re dfOajuagrient). No defendant n ' in item lo of the application Is inthe military service as that term is defihed by either the Servicemembers CMI Relief Ac, 50 U.S.C. App. § 3911(2), or California Military and Veterans Code sectIon 400(b). I declare under penalty o' perjury under the laws of the State of California that the for is •, Date: Oeto0e1jJ.. .2010 EIIza ,eth Betowslci, Esq. (#PSOR PRINT NNni} (SIGNATURE OF pacl.ARANT) CV-100[Rev.JInty 1, 201 REQUEFOR ENTRY OF DEFAULT. Page 2c12 (Appliàatior, to Enter Default)
Ca e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 80 of 107
A11ORI'EY OR PART'f W1TH(XIT ATTORNEY: STATE R NO: 123476 FOR COURT USE ONLY NAME: J-IeI1nan Franct. Esq. FII5I NAME: French & AeSccjaes STREETADDRESS: 610 ReFit Road #212 cm': Saasmanlo STATE: CA ZIP CODE: 95831 TELEPHONE NO.: 016.447.M.0O FAX NO: 54&'Jl. ADDRESS: Ire flonsantew6 yahoo.coni EL ODRADO CU. UPERIDR El. ATTORNEY FOR (namC) Plairifif Cesar Caballero SUPERO1 COURT OF AUFORNtA, COUNTY OP E1Dado FILED OCT 17 2019 STREET AODRES$:3321 Cameron Partc Onve MAILING ADDRESS: CrrANDW CODE Cameron PaR, CA 65682 BY ( BRANCH NAME: CMI unllmited . DeputyMAH Piaintfff/Petitioner: Ceser Caballero Defendant/Responder tReglea Cueer at at. CASE NUMSER: REQUEST FOR Enliy of Default fli Clerks Judgment (Application) Court Judgment PC 20190492 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, 1788.50 at seq.) (see C1V405)
1. TO THE CLERK: On the complaint or cross-complaint Iliad a. on (date): Sept !32019 b. by (name): Case- 08006ero c. fli Enter clefruft of defendant (names): Jady Calanchini d. I request a couitjudgrnent under Code of Civil Procedure sections 585(b),585(c), 989, etc., against defendant (names):
(Tesilmanjt required. Apply to the clerk fore hewing date, unless the coui:t.wuili enter a judgment on en affidavit under Code CM Proc., 585(d).) a. Enter cleiVs judgment - (1) fJ for restitution of the premises only and Issue a Mit'l2f execution on the judgmenL Code of Civil Procedure section 1l74f) does not apply. (Code Civ. Proc., 1159.) - Include In the judgment all tenants, subtenants, named claimants, and otherocoupants of the premises. The Prejudgment Claim ofRight to Possession was served in compliance with Code of Civil Procedure section 41546. (2) under Code of CMI Procedure section 585(a). (Complete the declaration under Code Civ. Proc., 588.S on the reverse (item 5).) (3) fl1 for default prey usly ertered on (date): 2. Judgment to be entered. Amount Credits acknowiedged aJance a. Demand of complaint S in excess of 1,000,000.00 $ 0.00 8 I.OQD.00O,OO b. Statement of damages* And injunctive relief and restitutlonary disgorgement as described In the complaint (1)Speclat $0 So $ 0 (2).General So $o $ 0 c. Interest $o $ 0 $ 0 d. Costs (see reverse) $ a $ 0 $0 e. Attomeyfees $0 $ 0 $o t. TOTAIS $ cessof$1,000,000.00 $ 0 $ in excess of 81,000,00.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (4PersonaI injw', orwrongfu! death actions; Code Civ. P,c., 42511.) 3 (Check If/lied in an unlawful defamer case) Legal docwnent assistant or uawfuJ cletabr assistant information mon the reverse complete item 4). Date:actcber 2019 Eftzabeth aeloaasW, Esq., SBN 245772 (TYPE OR PRINT NAME) Fr ORATTORNEY - p1.Athrrlpp} FOR COURT (1)JL1 Default entered as requested on (date): . 7 201 USE ONLY (2) Default NOT entered as requested (state reaso Cleric by MAHAN Deputy Papal of 2 FcMaptadfcMandaforyUae Cadeof CMI Ptccedwe. §565-56Z 1166 .18 Camrdll of ceofemla REQUEST FOR ENTRY OF DEFAULT ClV-loojRev.Jaraiaiy 1, 20183 (Application to Enter Default)
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 81 of 107
CJv-100 PlaintIff/Petitionar OASE NUMBER: Defendant/Respond*
4. Legal document assistant or unlawful detairier asslstaflt (Bus. & Prof. Code, 6400 et seq.). A legal document assistant or unlawful detainer sssistant fl1 did did not for compensation give advice or assistance with this form. If declarant has received any help r advice for pay from a legal document assistant or unlawful detainer assistant, state: a, Assistant's narie: c. Telephone no.: b. Street address city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date):
5. Declaraf ion under Coae Civ. Proc., § 585.5 (for entiy of default under Code Civ. Proc., 585(a)). This action a. is 5fl is not on a contract or lnstaliment sale for goods or services subject to Civ. Code, 1801 et seq. (Urinib Act). b. is fli is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. fl1 is fl is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Clv. Proc., § 587). A copy of this Request for Enti'y of Default was ,a. J] not mailed to the fbliowirig defendants, whose addresses are unknown.toptaintiff-or plaintiff's attorneyi(names): b. f1mailed ilrt-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, If none, to each defendant's last known address as follows: (1) MaIled on (date): Oeaiar 2010 (2) To (spechY names and addresses shown on ff70 envelopes): Jacky Calanchini 5281 Honpie Road, Placerville, CA 95667 Ideclare under penalty of perjury under the laws of the State of California thatthe ' - • zms 4,5, and 6 - .. arid correct. Date: ccIcberJ2o1s Elizabeth Betowsid, Esq. (YPEORPRINNAME) OF D!CLRANT) 7. Memorandum of costs (required If moneyjudgment requested). Costs and disbursements am as fellows (Code Civ. Proc., § 1033.6): a. Clerk's filing fees $ feowaiver b. Process server's tees - ...... $ seas C. Other (spechj): $ sac d. $o.00 e. TOTAL $ 0.00 f. fli Costs and disbursements are waived. g. lam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare undeenalty o perjury under the laws of the State of California that the fore! . g is true and correct. Date: Elizaceth Belowskl, 6sq. E OR PRINT NM) IGNA'TU OFDECLARANT) 8. Declaration of nonm lltaiy states (required forejudgment). No defendant nam m loot the application Is In The milltary service as that term is defined by either the Servicemembers Civil Relief Act, 50 .C. App. § 3911(2), or California Military and Veterans Code section 400(b). IdeclareunderpenalyofperjuryundertheiawsoftheSlateofCalifomiathatthef"-.. istiueandco Date: Oclac 2015 Elizsbeth Betowskl, EBq. (r,'PSOR PE4T NAME) rUREo DECLARANT) CIV-1C5Ray.,taniry 1.201aJ REQUEST FOR ENTRy.o FAULT Papa 2cf2 (Application to Entir Default) Ca. e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 82 of 107
Exhibit K Ca3e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 83 of 107
Paula M, Yost (Bar No. 156843) paula.yot®dentonsc.om Jessica L. Duggan (Bar No. 271703) Jessica.duggandentons.com 3 DENTONS US LLP 1999 Harison Street 4 Suite 1300 Oakland] CA 94612-4709 5 Telephore: 415 8825000 Facsimile: 415 882 0300 6
7 Attorneys for Defendants REGINA CUELLAR; ALLAN CAMPBELL; PAT CUELLAR; BRIAN FONSECA; 8 NICHOLAS 1-1. FONSECA; ANNIE JONES; JESSICA GODSEY OLVERA; JACKY CALANCHThII 9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA ii IN AND FOR THE COIJNTY OF EL DORADO 12
13 CESAR CABALLERO, on behalf of CaseNo. PC 20190492 himself and as representative of all other 14 authentic .nembers of the Miwok nation, Assigned to Judge Dylan Sullivan
15 Plaintiff SPECIAL APPEARANCE
16 vs. DECLARATION OF REGINA CUELLAR IN SUPPORT OF 17 REGINA CUELLAR; ALLAN DEFENDA!'TS' MOTION TO CAMPBELL; PAT CUELLAR; BRIAN QUASH/DISMISS COMPLAINT OF 18 FONSECA; NICHOLAS H. FONSECA; CESAR CABALLERO FOR LACK ANNIE JONES; JESSICA GODSEY OF JURISDICTION 19 OLVERA: JACKY CALANCHINI; and DOES I -2), Inclusive, 20 Defendants. Action Filed: September 13, 2019 21 Trial Date: None set
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27 28 DECLARATION OF REGINA CUELLA.R IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURISDICTION 113550585\V-1 3 Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 84 of 107
1 REGINA CUELLAR, declare as follows: 2 1. 1 am the Chairwoman of the Shingle Springs Band of Miwok Indians, a federally- 3 recognized Indian tribe that currently has 503 enrolled members (hereinafier "Tribe" or "Shingle 4 Springs Band"). I was first elected to the Tribe's governing body, the Tribal Council, in 2014. In January 201 8, 1 was re-elected. to the Tribal Council by the general membership arid directly
6 thereaer appointed to serve as the Tribal Chairwoman by vote of the Tribal Council, Through
-7 my position as a Tribal Council member, and as a long-time citizen of the Tribe, I have seen and
8 read official documents and correspondence maintained by the Tribe in its files and in the
9 ordinary course of business. I am generally aware of the history involving the Tribe and creation 10 of the Shingle Springs Rancheria. I have knowledge about, or am personally aware of, the
11 information detailed within this declaration, and if called to testify, I could and would attest to 12 the accuracy ofthe statements in this declaration. 13 2. With one exception, the named Defendants are elected members of the Tribal 14 Council, which, as noted, is the governing body for the Tribe. Defendant Jacky Calanchini is the 15 appoimed Secretary for the Tribal Council. This is an official position for the Tribe, although 16 she hal s no voting power on behalf of the Tribe. When the Tribal Council is not in session, 1, 17 as the Tribal Chairwoman, am the official representative for the Tribe and can take action on its 18 behalf.
19 3. Upon the 2018 Tribal Council election, and consistent with ordinary practice, the 20 Tribe notified the Bureau of Indian Affairs of the Department of the lnterior as to the
21 composition of the newly elected Tribal Council. This is a customary practice so the Department 22 knows with whom to engage on the part of the Tribe after each election. The BIA acknowledged 23 the election of our new government. Attached to the Tribe's contemporaneously-filed Request 24 for Judiia] Notice ("RFJN") as Exhibit HR is an April 4, 2018 letter from the BIA confirming
25 "receipt of the submission of the Shingle Springs Band of Miwok Indian's Report of Tribal 26 Electior for the Tribal Election held on January 20, 2018," and attaching our "Report of Tribal 27 Election." 28 -1- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OFCESAR CABALLERO FOR LACK OF JURISDICTION 1 Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 85 of 107
1 "Shingle Springs Band of Miwok indians" is the name now used by the Tribe. When the United States set aside land for our tribe in 1916 — land that would become known as the Shingle Springs Rancheria (Verona Tract) we were then known as the "Sacramento- 4 Verona Band of Homeless Indians." I believe that was the original ame affixed to our tribe because the Indian people for whom the United States had Set aside the 160-acre Verona Tract of 6 the Shingle Springs Rancheria were homeless Indians from Sacramento and Verona (in Sutter 7 County). Attached to the RFJN as Exhibit C are true and correct copies of correspondence with 8 the Department of interior reflecting that name, and reflecting the setting aside of the foregoing 9 I 60-acres of land, in El Dorado County, for our Tribe. This correspondence was received from
10 the Un- ted States government, and it is maintained in our Tribal governmental files in the 11 ordinary course of Tribal business. 12 5. The Tribe has also, at times, identified itself by the name "Shingle Springs 13 Ranchia," after the Tribe'sland base, which is common for some California tribes. For 14 example, in 1979, when the United States fIrst established the Federal List for recognized tribal 15 entities (those eligible to receive federal services), the Tribe was listed in the Federal Register as
'16 "Shing Springs Rancheria (Verona Tract) of Miwok Indians, California" (44 Fed. Reg. 7235, 17 7236 (January 31, 1979)), before being identified as the "Shingle Springs Band of Miwok 18 Indians. Shingle Springs Rancheria (Verona Tract), California," in 1980 (45 Fed. Reg. 27828, 19 27830 (April24, 1980)). True and correct copies of those lists are attached to the RF)N as 20 Exhibits H and I, respectively. 21 6. Contiguous to the Verona Tract was the El Dorado Tract, which was part of the
22 original Shingle Springs Rancheria, comprising 80 acres. My understanding is that the persons 23 affiliated with the El Dorado Tract (i.e., those Indian people for whom that land was set aside) 24 elected i terminate their federally-recognized status during the termination era, in exchange for 25 receiving the land in fee and other assets. Consistent with that understanding, the El Dorado 26 Tract is listed on what appears to be the Distribution Plan that effected termination for that land.
27 Attached to the RFJN, as Exhibit K, is what purports to be the Distribution Plan for El Dorado
28 -2- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURJSDICTJON Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 86 of 107
Tract Also attached to the RFJN as Exhibit L are true and correct copies of official documents the T-ibe has received from the United States government, as well as newspaper accounts from the time, about the El Dorado Tract, and which we have maintained in our government files in 4 the orthnary course of the Tribe's business. . By comparison, the Indian people affiliated with the Verona Tract, our Tribe, did 6 not ultimately approve terminating the federally-recognized status of our government and land, 7 whic1 is why the Tribe has retained its federal recognition as a sovereign tribal entity. A July 8 11, I 74 letter from the Acting Superintendent of the Central California Agency of the BIA 9 states that the members of the Tribe "voted to keep the land in a tribal trust status [because] they lo did not want the land sold and the money divided among the [Tribal] members." A true and II correct copy of the July 11, 1974 letter from the Acting Superintendent is attached to the RFJN 12 as Exhibit M. 13 8 Mr. Caballero cites in his Complaint, but does not attach, a 'Plan For the 14 Distribution of The Assets of the Shingle Springs Rancheria According to the Provisions Of PL 15 75-67], As Amended by PL 88-419." See Complaint ¶ 82. To my knowledge, such a "Plan" 16 does not exist. Rather, what appears to exist is a "draft" ofa proposed Plan. Attached to the 17 RFJN as ExhibitN are true and cotrect copies of official documents of El Dorado County and 18 correspondence of the United States that the Tribe has received from the National Archives, 19 about the "Shingle Springs Rancheria, Verona Tract," and which we have maintained in our 20 goveranent flIes in the ordinary course of the Tribe's business. These docunients include what
21 appears to be the draft Distribution Plan. See RFJN, Ex. N, p. 14 (1)RAFr' marked on the 22 Plan). 23 9. While I understand the people affiliated with the Verona Tract initially voted to 24 tenninate, the Distribution Plan that was thereafter prepared by virtue of that vote ultimately was 25 notappcoved. Based on the historical record received from the National Archives and 26 maintained in our Tribe's files in the ordinary course of business, the Tribal members voted, first 27 on June 4, 1974, to "have a plan prepared for the sale of the Shingle Springs-Verona
28 -3- DECLARATION OF REGINA CLJELLAR IN SUPPORT OP DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FtR LACK OF JURISDICTION I S Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 87 of 107
I Tract. . . [then] call another meeting of all the adult living members and adult lineal descendants 2 to present to them the alternatives for. . .reaching an ultimate conclusion as to use of the
property." See R.FJN, Ex. N, p. 12. At the subsequent meeting that occurred about two weeks 4 later, on June 16, 1974, the Tribal members in attendance voted against the Plan and the
D distribution of the Tribe's assets as set forth in the Plan. See RFJN, Ex. N, pp. 7-9 (Shingle 6 Springs Meeting Minutes, June 16, 1974). 7 10. When Mr. Caballero references the 240-acre Shingle Springs Rancheria, he must be 8 collect vely referencing the Verona and El Dorado Tracts (which were 160 and 80 acres, 9 respectively). But these Tracts were separate, and held in trust for different groups of Indians. 10 Correspondence from the Sacramento Area Director to the Commissioner of Indian Affairs 11 reflects that the Verona Tract and El Dorado Tract were to "be regarded as separate 12 rancherias. . . [because] the two parcels were purchased at two separate times for two separate 13 categories ofindians. Undoubtedly they were nat intended to be classed as one Rancheria 14 because of the different named groups for which they were acquired." (Emphasis 15 Attached to the RFJN as Exhibit 0 is that April 27, 1965 correspondence, received from the 16 National Archives, and now maintained in our files in the ordinary course of Tribal business. 17 11 Plaintiff seems to be arguing the Defendants (the Tribal Council and its Secretary) 18 somehow interfered with his group's recognition "by eliminating the Indigenous Shingle Springs 19' Miwoks" from the draft Distribution Plan for the Shingle Springs Rancheria. Of course, if the 20 Plan had been approved, the Shingle Springs Rancheria (Verona Tract) would have been 21 terminated, just as the El Dorado Tract was. In that event, there would be no sovereign tribe 22 known as the Shingle Springs Band of Miwok Indians today, and no sovereign land base known 23 as the Shingle Springs Rancheria. 24 12. Mr. Caballero seems to be blaming Defendants for the alleged removal of his 25 ancestors from :the Plan. But the draft "Plan" that he cites was dated 1974, and nOne of the 26 Defendants were in leadership or official positions for the Tribe as of that date. In fact, as I am 27 personal' y familiar with the certificates of birth of the Tribal Council members and the Tribal
28 -4.. DECLARA1ION OF REGINA CUELLAR IN SUPPORT OP DEFENDANTS' MOTION TO QUASWDISMISS COMPLAINT OF CESAR CABALLERO FOR L)CK OPJURISDICTION S Case 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 88 of 107
Secretary. I can confirm that four of the Defendants were not even yet born as of the date of the 7 draft Plan, and the remaining were between four and 22 years of age. 3 13, It is also unclear how excluding Mr. Caballero's ancestors from the Plan would have
4 mattered. My understanding is that to be listed within the Plan was only relevant if the
D Rancheria was terminated, in which case the persons who were listed would receive a 6 distribution of Rancheria assets. Because there was no termination of Shingle Springs Rancheria 7 (Verona Tract), there was no distribution of its land and assets.
8 IL. The distinction between the El Dorado Tract from the Verona Tract is also made 9 clear from the Federal Register. The Federal Register references only the Verona Tract of the 10 Shingle Springs Rancheria, as the El Dorado Tract was terminated (as the above-referenced El 11 Dorado Distribution Plan shows). It may be that Mr. Caballero descends from persons who 12 elected to terminate the sovereign status of the contiguous El Dorado Tract, which is why he has 13 no tribe today. That sad fact, however, does not entitle him to be a member of our Tribe, for 14 whom the 160-acre Verona Tract.was established within the Shingle Springs Rancheria. 15 15 The Tribe enacted Articles of Association in 1976, amended them in 1997, and 16 again amended those Articles in 2016. The Articles constitute the Tribe's governing document, '7 and provide that its jurisdiction "shaU extend to the land now and hereafter comprised within the 18 Shingle Springs Rancheria." The Articles set forth the powers and authority of our governing 19 body, the Tribal Council. The Articles also address who is entitled to be included within the 20 Tribe's membership, and who is eligible to be elected to our Tribal Council. A true and correct 21 copy of the Articles, as amended in 2016, are attached to the RF)N as Exhibit EE. 22 16. With respect to eligibility for membership and leadership, there is no requirement 23 that persons have a particular blood quantum, or even be of a particular Indian descent, although 24 I understand the people for whom the Rancheria was established in 1916 were of Miwok and .25 Maidu ("Nisenan") heritage. Rather, the persons eligible for membership are generally those 26 persons who descend from the group of homeless Indians for which the Shingle Springs 27 Rancheria (Verona Tract) was established in 1916. Those persons were listed on a 1916 Census 28 -5- DECLARATION OF REGINA CUELLAR 1)4 SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURISDICTIbN Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 89 of 107
RoIl taken by the federal government at the time. Attached to the RFJ1'T as Exhibit Dl) is a true and correct copy of that 1916 Census Roll, which is maintained in the Tribe's files in the ordinary course of its business. 4 1 7. In order to clarify who is entitled to be members, the Tribe amended its Articles in 5 2016, with reference to persons currently living, and confirmed the membership eligibi lily of all 6 persor s listed on the existing membership roll. Under this amendment, the Tribe's membership 7 criteria is as follows: "Persons listed on the current membership roll as of the date of adoption of 8 this amended Articles of Association, and their biological lineal descendants, who are all 9 biological descendants of either Pamela Cleanse Adams or Annie Hill Murray Paris who were
10 listed '3n the 1916 Census Roll of the Indians at and near Verona in Sutter County, California; 11 also 15 living in Sacramento,' regardless of whether the ancestor through whom eligibility is
12 claimed is living or dead." See REIN, Ex. E, p. 1. 13 18. It is true. that members of the Tribe have married persons of other ethnicities, 14 including Hawaiians, Caucasians, Mexicans and African Americans. Marrying persons of other 15 races, or being of mixed ancestry, does not disqualify our people from membership in the Tribe. 16 19 Mr. Caballero has alleged in his verified complaint that I am not of Miwok descent, 17 in part on the theory that I am related to Efrim Renteria, who is apparently not Miwok, and who 18 is an opposing party in an Indian Child Welfare Act ("ICWA") matter in which I am directly 19 involved. The ICWA matter concerns my grand nieces, specifically, three children whose father 20 and mother were killed in a car accident several years ago. Mr. Caballero alleges that a DNA 21 test has revealed Mr. Renteria is of Taino and Blackfoot heritage, and on that basis, Mr. 22 Caballero claims none of the members of the Tribal Council are Miwok (apparently theorizing
23 that Mr. Renteria is related by blood to members of the Tribal Council). (Complaint, ¶1113-15.)
24 Putting .side that being Miwok is not required for Tribal membership, Mr. Renteria is not 25 related to anyone in the Tribe. That is why he is an opposing party to the Tribe and a Tribal 26 citizen in an ICWA lawsuit. He was related to the deceased mother of the children at issue in the 27 ICWA litigation, and the mother was not a member of the Tribe. I and other Tribal citizens are
28 .6- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMiSS COMPLAINT OF CESAR- CABALLERO FOR LACK OF JURISD1CT1ON . .. Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 90 of 107
I related to the deceased father of the children. As it happens, I am of Miwok descent. That fact is of personal and historical interest, but it is not strictly relevant to my eligibility to be a member
3 of, or govern, the Tribe under its law. lam a descendant of a person on the 1916 Census Roll 4 and for whom the. Shingle Springs Rancheria was set aside. 23. For many years, the Tribe's reservation was effectively landlocked, without unfettered public access enabling any form of economic development; its people lived in 7 poverty, depending on federal subsistence. The Tribe thereafter endeavored to solve the access 8 problen, ultimately working with the United States and State of California to construct a single- 9 purpose interchange connecting the reservation to public roadways. After finally defeating years
10 of liti tion challenging th.e interchange, the Tribe built the interchange, and opened a gaming 11 facility, Red Hawk Casino, in December 2008. It was after the Tribe defeatedthe litigation, and 12 just before it opened its gaming facility, with the negotiation of our Tribal-State Compact, that 13 the Trbe discovered an individual named Cesar Caballero was holding himself out to the public 14 as the' Chief' of the "Shingle Springs Band of Miwok Indians," When he refused to stop 15 misappropriating the Tribe's name, the Tribe sued him in federal court on several grounds, 16 including misappropriation of our name, a valuable trademark. 17 21. The Tribe has a long history of engaging with the United States, the State of 18 California, and the County of El Dorado in business that confirms our federal status and right to 19 use. sovereign land set aside and held for our Tribe's benefit. As an. example, in 1999, the Tribe 20 entered a compact with the State of Califomia (the "Tribal-State Compact" or "Compact"), 21 which I understood was a legal prerequisite to the Tribe's participation in Class Ill gaming 22 activities on Indian lands pursuant to the Indian Gaming Regulatory Act ("JGRA"). The 23 Compact, at page 1, states that it was "entered into on a government-to-government basis" 24 between the. Tribe, "a federally-recognized sovereign Indian tribe," and the State of California. 25 It is my understanding that the Compact was thteafter approved by the then Assistant 26 Secretary/Indian Affairs, Kevin Gover, on behalf of the United States Department of the 27 Interior, as reflected on page 40 of that document, and thereby certif'ing compliance with what I
28 -7- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF 3URSDICflON Ca se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 91 of 107
I wide stand to be the requirements of' federal law. As Chairwoman, 1 am personally familiar with the Tribal-State Compact, in its fully executed form, which is maintained in the Tribe's official
3 files, and a true, and correct copy of said Tribal-State Compact can be viewed at http://www.cgcc.ca.govldocuments/conipactsioi-iginal compacts/Shingle Springs Compact.pdf 22. It perhaps goes without saying that the Department of Interior would not have 6 approved our Compact if there was a belief on the part of the United States that the Shingle 7 Springs Band was not properly constituted, or that the Indian lands on which we have 8 constructed a gaming facility was not set aside for our Tribe's benefit. Nor would the State of 9 California negotiated it, which required both the Governor's approval and Legislative 10 ratification. 11 22. Thereafter, in 2008, and again in 2012, the Tribe and the State of California agreed 12 again t amend the existing Compact goven'iing our Class III gaming operation, in a document 13 entitled 'Amended and Restated Tribal-State Compact Between the State of California and the 14 Shingle Springs Band of Miwok Indians" (hereinafter "Amended Compact"). The Amended 15 Compact again provides that the State and the Tribe are dealing with each other on a 16 governthent-to-government basis, reciting therein that the Tribe, and more specifically, the 17 "Shingle Springs Band of Miwok Indians," is "a federally-recognized sovereign Indian tribe." 18 As reflected by the document, it was thereafter ratified by the Legislature, executed by the 19 Governor, and approved by the Department of interior to satisfy what I understood to be 20 requirethents of federal law. As Chairwoman of the Tribe, I am personally familiar with the 21 Amended Compact, as executed, which is maintained in the Tribe's official files, and a true and 22 correct copy of said Amended Compact can be reviewed at 23 hff:f/www.cgcc.ca.gov/documentslcompacts/amended_compactsfFinal_ShingleSprings_Comp 24 actjNov_2012).pdf. 25 24. In September 2006, in connection with litigation challenging the Tribe's gaming and 26 interchar ge project (the interchange provided the once landlocked Rancheria direct access to
27 public rc>sdways), the Tribe entered a settlement agreement with the County oLE] Dorado. This
28 -8- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURiSDICTION Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 92 of 107
I settlenent is memorialized in a document entitled "Memorandum of Understanding and interg )vernmental Agreement Between the County of El Dorado and Shingle Springs Band of
3 Miwok Indians" ("MOU"). As reflected by the MOU, the County recognized that the "Shingle 4 Springs Band of Miwok Indians" is "a federally-recognized Indian tribe," that the Tribe's Ranch ria is "indian lands," and that the Tribe has the right to engage in gaming under IGRA. 6 The MOU was thereafter amended and remains in effect today. As the Tribal Chairwoman. I am 7 personally familiar with the MOU, which is maintained in the Tribe's official files, and a true
8 and coect copy of the MOU, as amended, is attached to the RFJN as Exhibit H?. 9 2. In my capacity of Chairwoman, I have knowledge as to the maimer in which the 10 Tribe's lands are held. The Shingle Springs Rancheria (VeronaTract) is owned by the United 11 States and held for the use and benefit of the Tribe it is my understanding that the Rancheria 12 constitutes "Indian lands" under federal law, as confirmed by the numerous federal approvals the 13 Tribe lus received, for the casino we operate on the Rancheria. Tribally-owned gaming facilities 14 may ony be operated on Indian land under the Indian Gaming Regulatory Act ("IGRA"). By 15 letter dated November 25, 2003, the National Indian Gaming Commission ("NIGC") issued an 16 opinion regarding whether the Shingle Springs Rancheria, held for the benefit of the "Shingle 17 Springs Band of Miwbk Indians," constitutes "Indian lands" on which gaming may be conducted 18 pursuan: to IGRA (the "NIGC Opinion"). The NIOC concluded that the Rancheria is Indian 19 land over which the Tribe exercises jurisdiction. As Tribal Chair, I am familiar with this NIGC 20 Opinion, which is maintained in the Tribe's files, in the ordinary course of government business, 21 and a tne and correct copy of which is attached to the REIN as Exhibit 0G. 22 26. The Tribe does not consent to the Court's jurisdiction in this litigation, and the Tribe 23 has not waived its sovereign immunity as to any claims alleged in the Complaint by Cesar 24 Caballero. A waiver of the Tribe's sovereign immunity requires a majority vote of a quorum of 25 the Tribe's governing body, and such has notoccurred as to any of Mi Caballero's claims. 26 1/1 27 I/I
28 -9- DECLAR.ATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASH/DISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURISDICTION 11355O585W- Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 93 of 107
declare under penalty of peijury under the laws of the State of California that the foregoing is 2 true and correct to the best of my knowledge and recollection. Executed this 8th day of November, 3 2019 at hing1e Springs Rancheria, California. 4 5 ) 6 1EGINA CUELLAR 7 S 9 10 11 12 13 14 15 16
:17 18 19 20 21 22 23 24 25 26 27 28 -10- DECLARATION OF REGINA CUELLAR IN SUPPORT OF DEFENDANTS' MOTION TO QUASHJDISMISS COMPLAINT OF CESAR CABALLERO FOR LACK OF JURISDICTION 1 13550585\V-16 C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 94 of 107
Exhibit L
Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 95 of 107 Case 2:08-cv-03133-KJM-AC Document 331-2 Fiied 07/24/18 Page 1 of 10 Anthony I. Palik (SBN 190971) LAW OFFICE OF ANTHONY J. PALIK 268 Bush Street, #3 838 San Franthsco, CA 94104 Ph.: (415) 724-6519 4 Attomey for all Plaintiffs
UNITED STATES DISTRICT COURT
g EASTERN DiSTRICT OF CALIFORNIA
9 SHINGLE SPRINGS BAND OF MI WOK CASE NO. 2:08-CV-03 133-KJM-AC 10 IND1At S,
Plaintiffs, DECLARATION OF CHAIRMAN ER1N YOUNG V. IN SUPPORT OF MOTION TO INTERVENE CESAR CABALLERO, 15 I Defendant 16
17 WOPUMNES NISENAN-MEWUK TRIBE
Proposed Third Party, Plaintiff 19 20
21 II 22
23 /1 24
25 . 1/ 26 27 28
Notice of Motionand Motion Shingle-Springs Band of Miwok Indians v. Caballero Case No. 2:08-CV-03 133
1 C..se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 96 of 107 Cas 2:08-cv-03133-KJM-AC Document 331-2 Filed 07/24/18 Page 8 of 10 FOIA R isuest submitted by the El Dorado County Supervisors, omitted all documentation of the
indigeno s Mewuk Tribe that had lived in El Dorado County on the Rancheria land long before
the Gold Rush and the time it was purchased by John Terrell in 1916 which became the Shingle
Springs 'ancheria.
15. The Verona Band state that they first became the "Shingle Springs Band of Miwok
Indians" d first used the name in 1980. Conversely, the earliest found news report of the El S Dorado I ounty Mewuk Tribe of Shingle Springs is from the 1870 Sacramento Daily Union:
article, tiled "Pow-wow at Shingle Springs," in which Chief Charlie Padilla ordered all the
"Digger dians" to assemble at Shingle Springs for the annual Pow-wow and Fandango and gave 1.1.
12 the addre'. of the gathering to the reporter.
13 16. Members of our tribe and members of our current "Successor in Interest" tribal
council h ye been trying since 1980 to reclaim our name and our land by directly communicating
15 with the ramento BIA office. Although we are not associated with Cesar Caballero's attempts 16 to tradem k the name of our tribe, after receiving confirmation of our "unambiguous Federal 17 Recogniti.n" by way of a 2017 FOIA, we were finally able to complete our application to the is Office of 'cknowledgment at the Department of the Interior which will affirm our previously 19
20 recognizes status as the 1934 IRA "Shingle Springs Rancheria Indians, Mewuk Tribe," also known by e modem name "Shingle Springs Band of Miwok Indians."
17. Nisenan-Mewuk Nation, have documented our historical and legal claim to our
23 name and ur land through time. The Verona Band Occupants, beginning in 1973 when they first 24 appeared El Dorado County, took our land and our name without our consent and under false 25 pretenses. ince that time the Verona Band have operated their casino gambling operation for 26 their own enefit and to the complete exclusion of the true owners of the land, history and the
28
Notice of Motio and Motion Shingle Springs Band of Miwok Indians v. Caballero Case No. 2:08-CV-03133 8 Fdd09.4 Fae 7f07
name, th - n taking our name in 1980. Due to this lawsuit and Judge Mendez's orders the historic
Mewuk ribe had been barred from using our historic ethnolinguistic IRA name the "Shingle
Springs and of Mewuk Indians" to re-organize our Tribe. To continue our efforts and operate
publicall we voted by resolution to take our historic 1851 Treaty identifier, the "EL DORADO
COUN WOPUMNES NISENAN-MEWUK NATION." This does not mean we released our
claim to ur historic IRA name "Shingle Springs Miwok Indians".
18. The Verona Band have never had any legal or historical claim to our land or our
name, thy are not members of our tribe and in fact are not members of any state or federally: to recognize. tribe. 11 19. Members of our tribe have tried to gather documents that evidence our lineal
descend cy from the historical records such as the 1851 Treaty and the 1934 IRA. Members
14 havewri n to the Sacramento BL& office to request records, to no avail. Members went to the
15 Sacramen o BIA Office in person to request the records on the voting process of the 1935 IRA for 16 our tribe Ut were told that the records belonged to the Verona Band and would not be released to
us. The ewuk Tribal Elders were then physically escorted out from the BIA Office. 10 20. In mid-Noveinber of2017a friend of the Mewuk tribe submitted a FOIA request to
20 the B1A h ad office in Washington D.C., requesting all records between 1920 through 1948. One.
21 month lat-r the Central California BIA regional office (not the Sacramento BIA office), :1
7 responded to the FOIA with a single document out of the 20+ year request. This single document: 23 istheapp ved list of voters for the 1935 IRA for El Dorado County Shingle Springs Rancheria,
showing Mewuk resident tribal elders Elizabeth, Herbert and Lillian Padilla. Members of the 25 current T al Council are the direct lineal descendants of these 1935 approved IRA voters and 26
Notice of Moti en and Motion Shingle Springs Band of Miwok Indians v. Caballero Case No. 2:08-CV-03 133 9 S C. se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 98 of 107 Cas- 2:08-cv-03133-KJM-AC. Document 331-2 FUed 07/24/18 Page 10 of 10 accord g to the Auburn Rancheria IBIA case are the "Successor in Interest" Tribal Council to
the nam "Shingle Springs Indians" and variations there-of.
21. This one page document, approved list of voters for the 1935 IRA, was the missing
piece in our efforts to trace the lineal descendants of the 1935 IRA vote verif'ing the "Successors
in Intere .t". The Wopumnes Tribal Council members had been following Cesar Caballero's case
and had even attended the court ordered mediation held in the summer of 2017. The Tribal 8 Council • ecame very concerned at the filing of the 'Motion for Dismissal' filed by the Verona
Band oc upants and in response filed the June 15, 2018 Motion to Intervene in Pro Se. The 10 present orion to intervene cures the defects in the June 15 filing. The document received from,
the BIA December 2017 was critical to establishing our lineal descendancy, and unambiguous:
I previous Federal Recognition status [Title 25 CFR Part 83.12], and, after finally locating an;:
14 attorney t s represent us, motivated our present motion for intervention.
15 VERIFICATION 16 ear, under penalty of perjury of the laws of the United States of America, that the
foregoing is true and correct. Sworn this 12th day of July in El Dorado County,
20 By: /s/ Erin Youn,,g ERIN TRIPP-BLACKWELL-CRAIG-YOUNG, CHAIRMAN 21 WOPUMNES NISENAN- MEWUK NATION TRIBAL CJNCIL
22
26
28
Notice ofMoti and'Motion Shingle Springs Band. of Miwok Indians wCabaHero Case No. 2:08-CV-03 133
10 Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 99 of 107 Case 2:08-cv-03133-KJM-AC Document 331-3 Flied 07/24/18 Page 5 of 8
1935 Indian Re-organization Act: First Use Officially as "Government to, Government". 25 CFR Part 83.12 "unambiguous evidence" of Federal Recognition.
Ad of 1934, 25 U.S.C. § 476 (1988) '7JMi. Section 476 provides thai fafnv Indian tribe, or tribes, resklinjs on the same reservation, shall hove the riQ*i to oranize,for its cnmnwn welfare, and may adopt an app 'opriale constitution and hjilaw which shall become effective when raffied by a nw/only vote of the athili members Q,f the tribe, or of theaduli:Lrulians re5id1n2 on such reservation. as the case may be. at a special election a?Ithoni3ed and called by tjie.SecrerarvOfthelntenior * * * ioii 479 defines "iñbe" to mean "anvindian tribe, organized ban4 pueblo, or the lndi.ans reidingon anereservalion." an factiOn held on .flwe 13, 1935, the El 1)o'rado In igenous.TñhaI Members of the Shingle Springs Rancheriadededgiito organize under fhe•.IIM by a vOle' of 0 .ió .3
A FOIA 19244948(veting n ia!,.mrnbersli.ip Iits, Constitutioii subnissku, jivigment rolls, ba otresnits etit ecte2tth 1934 IRA fàrShIng1 Spthigs Ruiheria nroducçd onlvthisone. s.JedOcuineiit
APPROVED LrST 05 VOTERS- R IN!IAn REORG IZATION ACT OP' SHZNGLE SPRXNGS -RANcHEREA: (ElDorado County
1. Padilla, Elisabeth OEer 23. -rs . at age 2. PadiflA,.: a*bert Do. 3. Pad.Ua XaJ.ian
A p pr a v ad O.E LPPS, siperinteadant Sacramento Indixi Agency
.une 4, 1935, S Ca.e 2:20-cv-00866-KJM-AC. Document 9 Filed 07/01/20 Page 100 of 107
Exhibit M . .
(Ca SaCraflntoAVeron6andfiealjst ge 1O1LO7
5281 Honpe Rd, Ptacervlite, CA 95667-8675, El Dorado County
N/A N/A 6,936,930 N/A
Ecas Wdg Sq t Lot Sq 4 Soic pjco
N/A N/A cON-NEC N/A
Naths Yr 0uIt tn4 sate Date
Owner Znfermatn oer n-'! U S A-Sacramento Verona S State; Shingle Springs, CA Ow'rne 2 Band Of Horn class Indians P2de;i Z! 9S682 te, n P0 Boc 1340 the iS ZP ,. 4 Cede; 1340 Locaten Information
Cer!as Tract; 30902 enary Scfleet •t!(t' Mother Lode Un Matnq Carrier Rute ROOZ 2ana Cede: 1, RE-S flocd Zorte l'ard 06017C07506 cI,00 rltt El Dorado Un Fiend Zoae Dete 09/26 2008 oteo Orict Cedr LOS RIos Thx Iii 0rmaton 4Pf9 319-t00-3-10O W4t0r Tee Oit; ElDoradoC 078t00 Fee De.c?l. Tate l2i;t Diamond Sp&inga El 0 In Oescnptiei: 19 10 105518-146 Ctmracteris.Ucs lot cre,v tS925 Uversai L4nd Uee Commercial NEC) tat 6,936,930 Last Market Sate & SaleS History
ocordk'g atte: 11/09(1936 U S A-Sacramento Verona Docat't t4imbr: 103139 Sand Of Homekas Indiana T Dead (lte) Owner R4nord RecordIng Date 2flt3f20t8 04/22/1920 Owner Nafne Ucli-Sccrrnanto varte4 Owner Socora Saner Name Onnet kccrd Owner Record Docume fl Number 7108 Dead Ty a Deed (Rev) Deal (Req)
Of Stitten Mackey, eteaeLw, nacidren., Tee Property Detait .,i t,.a): .. . C.e 2:20-'cv-00866-KJM-AC Document 9 Fiied07101120. Page 102 of 107
Operty MP
260' t
2670 I
4O y;rd -. 2OOy&rd -
Ofl4 tt
Curty MroL erkc, c :i:'tJ.
r, 2ff 2 Ca-e 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 103 of 107
Exhibit N S Case 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 104 of 107
O3.3 llsiel. Sareeto Area Office 2550 eir Oaks ou1evard Sarieth Ca1Lfmia 95825 ( ZLp.
a-,. APR 27 i CI.*liQUO of 1nd.t&k
it g L 2O2M!
Atteetfez .e1 Lø Ly Yeet*t
Ae queate4 zz 1ett of £pL1 12, 1965, ooith af 1. pthg, chefa, e beee rev*J oe óec.e1ee pvLou1; apelled eet le o letter e ardi 2, I%.5
We aree vith the otatset ± Ii 'e. Lrctgucaa the aqdattioog La 1913 e4 1920 o -_ dietete that the — areea mitat be egerded e* le aa.te taarLae.. (eaie ceplLd) Weieyez, the fact reiatne that the t pereele 'te pi thaa at tg apazare tbiie fa to eearate cateorLea GE !edf. Ieebtedly the,- re t fateeded t be. eleaee4 s oee rantheria beeae of the different need $rra fo thS.eh they were ufred, We believe that Lt ee% be a vl*latLae of the laogege ezd Lnte*t of Satfoe 5(4) of the P horLa ct to aoasLae the b &reea ee
!oet 1att tatea "there are app ently indieor, at lost 1r*. SceTabler, be i1a Ube to a portioc of the 160 raa. . There aae V4 T)%3r latter conLeeee • are no z'eaaaE for not gi-eiag e4rattoe to auth X*tane. We at thie praaLt ca ear several reoe_s, Our La the vs1ur. th a4jaleS. 21nd$ selllxig fot *1 .to *1,500 pex acre, Li ary of the t o. et landless VelifarUa aroord a to obtain vr1rb1e leeds free, .e be i1ootd uith requests. Coatia to the 11kation La yuctr not believe that the heria 1at laize4e that rurcherise be th1M opec to opportoeiatie lob ny. -Leteltec abe bad i previous rnaeLatiau or urmectiar wLth reucbaris and abe are on2y .Lntereute& cur bocaiea of a posaibir chance to obtsi aueathi of scns&dereblr value.. We consider it far cure appropriate that the value o to the crndit ef ll the Indians of California as the Mntheria Act specifier. C.se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 105 of 107
1th t a bi.c pott s 4U / -__ J afl tbr L14r *E C1aree 4i1 veU i sffe a eppattty i t *4 tt 2 !3 L . pte £ 91 £*i1 a U* iee 1ttzg de 12
(Sgdoard M, MIII Dtt
VL4CH 0E EVrIA [til S Ca se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 106 of 107
Exhibit 0 C;se 2:20-cv-00866-KJM-AC Document 9 Filed 07/01/20 Page 107 of 107
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