2 This and many of the facts in this section are taken from the Rabangs’
complaint. When reviewing the grant of a motion to dismiss for lack of
jurisdiction, we accept the non-moving party’s factual allegations as true. See
State v. LG Elecs., Inc., 185 Wn. App. 394, 405, 341 P.3d 346 (2015).
3 The term “rejection” in this context is unclear because the rejection itself
2
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No. 83456-8-I/3
In March, after the removal of Nooksack Tribal Court Chief Judge Susan
Alexander, the Tribal Council appointed tribal attorney Raymond Dodge as the
Chief Judge. In November, the NIHA filed a complaint for an unlawful detainer
against the Rabangs. The Tribal Court, under the direction of Judge Dodge, then
rejected the Rabangs’ counsel’s appearance notice and Margretty’s attempted
pro se responsive pleading. On December 5, Judge Dodge refused to delay the
Rabangs’ trial to allow Margretty to retain new counsel after members of the
Nooksack Tribal Police Department, Chief Gilliland and Lieutenant Ashby denied
their attorneys access to the courthouse.
On December 14, Judge Dodge entered an eviction order against the
Rabangs. Nooksack Police Chief Gilliland and Lieutenant Ashby were directed
to evict the Rabangs from the house by December 28.
On December 19, Andrew Garcia, a building inspector for the tribe, and an
unidentified officer attempted to inspect the house. Robert confronted them and
denied the two men access to the house.4 Three days later, Judge Dodge
issued an “Order Following Show Cause Hearing”, which amended the eviction
order and directed Gilliland and Ashby to forcibly evict the Rabangs from the
house.
The Rabangs brought this lawsuit in Whatcom County Superior Court,