Roger French v. Karla Starr

FILED
NOT FOR PUBLICATION
JUN 01 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROGER FRENCH, No. 15-15470
Plaintiff-Appellant, D.C. No. 2:13-cv-02153-JJT
v.
MEMORANDUM*
KARLA STARR, in her capacity as a
Judge of the CRIT Tribal Appellate Court;
ROBERT N. CLINTON, in his capacity as
a Judge of the CRIT Tribal Appellate
Court; ROBERT MOELLER, in his
capacity as a Judge of the CRIT Tribal
Appellate Court; LAWRENCE C. KING,
in his capacity as the Chief and Presiding
Judge of the Colorado River Indian Tribes
Tribal Court; HERMAN “TJ” LAFFOON,
official capacity as member of the CRIT
Tribal Council; SYLVIA HOMER, Acting
Chairwoman of the Colorado River Indian
Tribes,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
John Joseph Tuchi, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Submitted May 16, 2017**
San Francisco, California
Before: W. FLETCHER and TALLMAN, Circuit Judges, and HUCK,*** District
Judge.
Plaintiff Roger French appeals the district court’s grant of summary
judgment in favor of Defendants, who are members of the Tribal Court and Tribal
Council of the Colorado River Indian Tribes (“CRIT”). We have jurisdiction
under 28 U.S.C. § 1291 and we affirm.1
French argues CRIT lacked jurisdiction to adjudicate eviction proceedings
relating to his leasehold (“the Permit”) on the California side of the Colorado River
(the “Western Boundary lands”) because French’s lot is not part of the Colorado
River Indian Reservation. Both the Permit and the assignment of that Permit to
French described the lot in question as within the Colorado River Indian
Reservation. French paid rent pursuant to the Permit, first to the Bureau of Indian
Affairs for the benefit of CRIT and then directly to CRIT, from 1983 through
1993. French is therefore estopped from contesting CRIT’s title. See Richardson
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Paul C. Huck, United States District Judge for the U.S.
District Court for Southern Florida, sitting by designation.
1
We deny Defendant-Appellees’ motion for judicial notice [Dkt. #11] and
Plaintiff-Appellant’s motions for judicial notice [Dkt. #27 and #30].
2
v. Van Dolah, 429 F.2d 912, 917 (9th Cir. 1970), Goode v. Gaines, 145 U.S. 141,
152 (1892) (estoppel does not depend on validity of landlord’s title), William v.
Morris, 95 U.S. 444, 455 (1877) (when tenant gains possession, tenant is estopped
from denying title of landlord).
Once French’s challenge to CRIT’s title is resolved, this case is squarely
controlled by Water Wheel Camp Recreational Area, Inc. v. La Rance, 642 F.3d
802 (9th Cir. 2011) (CRIT properly exercised jurisdiction over an unlawful
detainer action for breach of lease by a non-tribal member within the Western
Boundary lands).
AFFIRMED.
3