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Contracts
Breach of Contract
Declaratory and Injunctive Relief

Abba Bail Bonds Inc. v. Jeff L. Grubbe, Vincent Gonzales III, Anthony Andreas III, Savana R. Saubel, Jessica Norte, and Does 1 through 10, inclusive

Published: Jul. 19, 2014 | Result Date: Sep. 4, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-06593-TJH-DTB Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Emile M. Mullick


Defendant

Art Bunce


Facts

Abba Bail Bonds Inc. sued Jeff Grubbe and others, seeking declaratory and injunctive relief.

Contentions

PLAINTIFF'S CONTENTIONS:
Abba provided bail bonds for Clifford Matthews in the amount of $328,500. Matthews was charged with the attempted murder of a police officer. Nancy Tewawina and Mathew Martin guaranteed payment of the bonds. Matthews and Tewawina were both members of the Agua Caliente Band of Cahuilla Indians, however Martin was not. Matthews assigned his income from the Tribe's Casino Profit Sharing Program to Abba, but later canceled the assignment and fled. Abba found Matthews and brought him before the court.

Abba then sued in Riverside Superior Court and obtained judgments in contract and tort against Matthews in the amount of $828,841, and in contract against guarantors Tewawina and Martin in the amount of $328,841. The Superior Court issued assignment orders against the judgment debtors' income from their Agua Caliente Tribal Casino Profit Sharing Program. The judgment debtor's and the custodian of their accounts refused to comply with the Superior Court orders.

Abba then sued in federal court against the Agua Caliente Tribal Council members seeking injunctive relief in the form of an order that the tribal custodian of the judgment debtors' accounts comply with the Riverside Superior Court orders.

DEFENDANT'S CONTENTIONS:
The defendants moved to dismiss Abba's complaint based on sovereign immunity.

Result

The court granted Grubbe's motion to dismiss.

Other Information

Abba is appealing the matter. FILING DATE: July 31, 2012.


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