Trudgeon v. Fantasy Springs Casino

In Trudgeon v. Fantasy Springs Casino (1999) 71 Cal.App.4th 632, the Court of Appeal addressed the applicability of sovereign immunity to a tort case against a separate business entity organized by an Indian tribe, as opposed to immunity from a tort claim against the tribe itself. The court noted that other jurisdictions have reached varying conclusions in considering whether sovereign immunity applies to tribal business entities. (Id. at pp. 638-643.) It then applied a three-part test setting forth the relevant criteria to address the immunity issue, including these considerations: " '1) whether the business entity is organized for a purpose that is governmental in nature, rather than commercial; 2) whether the tribe and the business entity are closely linked in governing structure and other characteristics; and 3) whether federal policies intended to promote Indian tribal autonomy are furthered by the extension of immunity to the business entity.' " (Id. at p. 638.)