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May 6, 2013: Internet Lending - Alameda Superior Court Order

Paragraph #46: One of the many untoward consequences of this court's decision to dismiss the Tribal entities on immunity grounds is that, by respecting the sovereign immunity claims of those parties, non-immune parties in this case will probably be able to avoid liability by virtue of Plaintiff's need to obtain discovery from the Tribal Entities, which are shielded from any such discovery efforts. Thus in this and other cases, non-tribal parties now have a road-map by which they may concoct schemes to defraud and exploit California residents through the use(and abuse) of tribal entities as the vehicle for perpetrating their schemes and thereby avoid exposure to liability by maintaining the evidence of their misconduct in the records of the immune tribal entities established to front for them. All they need to do is pay the tribal entities for this "services." Such is the current state of the law. If Tribes increasingly elect to exercise their sovereign rights so as to facilitate such schemes, they may eventually see those rights re-defined.

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