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PLAINTIFFS’ SECOND AMENDED COMPLAINT
1
Evan W. Granowitz (Cal. Bar No. 234031)
WOLF GROUP L.A.
11400 W Olympic Blvd Ste 200Los Angeles, CA 90064Telephone: (310) 460-3528Facsimile: (310) 457-9087Email:egranowitz@wolfgroupla.com
 
Christopher K. King (Ariz. Bar No. 026966)
THE KING LAW FIRM
620 F. St NE, #3Washington, DC 20002Telephone: 843-343-6013David R. Mugridge (Cal Bar No. 123389)
LAW OFFICES OF DAVID R. MUGRIDGE
2100 Tulare St., Suite 505Fresno, California 93721-2111559-264-2688Attorneys for Plaintiffs
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA
 
KAWAIISU TRIBE OF TEJON, andDAVID LAUGHING HORSE ROBINSON,Chairman, Kawaiisu Tribe of Tejon,Plaintiffs,vs.KEN SALAZAR, in his official capacity asSecretary of the United States Department of Interior; TEJON RANCH CORPORATION, aDelaware corporation; TEJON MOUNTAINVILLAGE, LLC, a Delaware company;COUNTY OF KERN, CALIFORNIA; andDOES 1 through 100, inclusive,Defendants,TEJON RANCH CORPORATION, a Delawarecorporation; TEJON MOUNTAIN VILLAGE,LLC, a Delaware company,Real Parties in Interest.
.
Case No.: 1:09-cv-01977 OWW SMS
 
PLAINTIFFS’ SECOND AMENDEDCOMPLAINT FOR:(1)
 
UNLAWFUL POSSESSION;(2)
 
NAGPRA;(3)
 
CIVIL RIGHTS;(4)
 
CEQA, and;(5)
 
DECLARATORY JUDGMENT DEMAND FOR JURY TRIAL 
 
Case 1:09-cv-01977-OWW-SMS Document 133 Filed 04/18/11 Page 1 of 25
 
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PLAINTIFFS’ SECOND AMENDED COMPLAINT
2
 
Plaintiffs, KAWAIISU TRIBE OF TEJON (“Tribe”) and DAVID LAUGHING HORSEROBINSON (“Robinson”) allege as follows:
INTRODUCTION
1.
 
This action concerns the development of certain real property in Kern County,California, that was obtained in contravention to treaties, Executive Orders, and other Acts of Congress. The original Complaint in this action was filed on November 10, 2009, by Plaintiff David Laughing Horse Robinson
 pro se
, on behalf of himself, as chairman of his Tribe, and onbehalf of his tribal members (Docket #1). Plaintiffs subsequently retained counsel and filed theirfirst amended complaint (FAC) on August 15, 2010. (Doc # 70).2.
 
On April 1, 2011, the Court entered an order granting the various Defendants’motions to dismiss Plaintiffs FAC. In its memorandum decision, the Court granted Plaintiffsleave to amend in order to assert any land claims based upon aboriginal title or under commonlaw and to re-allege certain claims, but not others.
PARTIES
 3.
 
Plaintiff THE KAWAIISU TRIBE OF TEJON (hereinafter “Tribe”) is an Indiantribe which has resided in the State of California since time immemorial. The Tribe is recognizedby the State of California and its members are located in Kern County, California. The Tribedescends from signatories to of the 1849 Treaty with the Utah and the “Utah tribe of Indians”that was recognized by the government of the United States in that treaty. In addition, the Tribedescends from those Indians for whom the 1853 Tejon/Sebastian Reservation was created. Themembers of the Tribe are not now, nor have they ever been “Mission Indians.”4.
 
Plaintiff DAVID LAUGHING HORSE ROBINSON (“Robinson”), is theChairman of THE KAWAIISU TRIBE OF TEJON.5.
 
The Tribe is not currently on the list of federally recognized tribes maintained bythe Bureau of Indian Affairs pursuant to 25 C.F.R. §83
et seq.
However, the Tribe
is
a Federallyrecognized tribe by virtue of descending from signatories to -the 1849 Treaty with the Utah andthe “Utah tribe of Indians,” although the Federal Government has failed to treat it as such.
Case 1:09-cv-01977-OWW-SMS Document 133 Filed 04/18/11 Page 2 of 25
 
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PLAINTIFFS’ SECOND AMENDED COMPLAINT
36.
 
The United States has been asked to intervene and file suit against DefendantsTejon Mountain Village, Tejon Ranch Corporation and the County of Kern asserting claimsidentical to that described here in this complaint, but has not done so.7.
 
Defendant COUNTY OF KERN, CALIFORNIA (“County”), is the Lead Agencyfor the Tejon Mountain Village Project (State Clearing House Project #2005101018).8.
 
Defendant TEJON MOUNTAIN VILLAGE, LLC (“TMV”), is a Delawarelimited liability company, with its principal place of business in the County of Kern, California.TMV is a privately held corporation seeking to develop real property in Kern County, California.Plaintiffs are informed and believe and thereon allege that TMV is in possession of, asserts aninterest in, or claims record title to certain lands in Kern County, California, which are a portionof the reservation and aboriginal lands of the Tribe, as appears more fully elsewhere in thiscomplaint. TMV’s position is adverse to the Tribe.9.
 
Defendant TEJON RANCH CORPORATION (“TRC”), is a Delawarecorporation with its principal place of business in Kern County, California. Plaintiffs areinformed and believe and thereon allege that TRC is the parent corporation of TMV. Plaintiffsare informed and believe and thereon allege that TMV is in possession of, asserts an interest in,or claims record title to certain lands in Kern County, California, which are a portion of thereservation, and aboriginal lands of the Tribe, as appears more fully elsewhere in this complaint.TRC’s position is adverse to the Tribe.10.
 
The true names and capacities, whether individual, partner, associate, corporate orotherwise, of the Defendants identified as DOES 1 through 100, inclusive, are unknown toPlaintiffs who therefore sue them by such fictitious names. Plaintiffs are informed and believe,and on that basis allege that each of the Defendants sued herein as a DOE Defendant was, and is,in some manner legally responsible for the events herein described. Plaintiffs will seek leave of Court to amend this Complaint if, and at such time as their true names and capacities areascertained.11.
 
Plaintiffs are informed and believe, and on that basis allege that at all times hereinmentioned, Defendants, and each of them, were the agents, employees, servants, and
Case 1:09-cv-01977-OWW-SMS Document 133 Filed 04/18/11 Page 3 of 25
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