When this suit was filed, AMG was only loosely affiliated with two Indian tribes, being run by and for the benefit of a non-Indian to make pay-day loans at high interest rates. Shortly thereafter, the Indian tribes seized control of AMG, ousted its non-Indian officers, directors and backers, and, after assuming control, paid state and federal regulators many millions of dollars in fines, halting AMG’s lending activities permanently. This decision holds that for purposes of determining whether AMG has sovereign immunity from suit, the proper time to assess its relationship to the Indian tribes is the date of the hearing on the motion to dismiss, not the date the complaint is filed. At the hearing date in this case, AMG met the five-factor test set out in People v. Miami Nation Enterprises (2016) 2 Cal.5th 222 and thus was properly dismissed on the ground of sovereign immunity.