Tribal Sovereign Immunity Was At Issue.
Lawsuits filed against Indian tribes trigger issues of tribal sovereign immunity and jurisdiction. Such was the case in Findleton v. Coyote Valley Band of Pomo Indians, A150444 (1/2 9/25/18) (Stewart, Kline, Richman). This is the third appeal concerning contractor Findleton's efforts to enforce arbitration clauses against the Coyote Valley Band of Pomo Indians (Tribe). We previously posted on August 2, 2016, about the first appeal, in which the Court held that the Tribe had waived its sovereign immunity for purposes of arbitrating the contract disputes and that the waiver extended to judicial enforcement of the right to arbitrate and any arbitration award. In the second appeal, the Court reversed the trial court's grant of the Tribe's motion for prevailing party attorney fees because the Tribe was not a prevailing party.
Findleton then filed a motion to compel mediation and arbitration and a motion for an award of attorney fees incurred on appeal. The trial court granted the fee motion and the Tribe appealed.
By the time the third appeal rolled around, the key issue of a waiver of tribal sovereign immunity had been (mostly) resolved. However, one issue had not yet been resolved: "whether judicial enforcement of arbitration included a potential motion by Findleton for attorney fees." That's a pretty narrow issue, and as the Court explained in Findleton III, it had already held in Findleton I that "the Tribe's waiver of sovereign immunity encompassed judciaial enforcement of Findleton's contractual right to arbitrate." And, critically, "Judicial enforcement of the right to arbitrate includes awarding fees specifically incurred to enforce that right."
The Court affirmed the order granting attorney fees and costs incurred by Findleton to enforce his right to arbitrate.
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