Findleton v. Coyote Valley Band of Pomo Indians
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After the Tribe refused to pay Findleton for construction work and rental services provided for a casino it was building and infrastructure for the reservation, Findleton invoked the ADR provisions of the agreements. The Tribe refused to mediate. Findleton filed a petition, seeking to compel mediation and arbitration.
The court of appeal held the Tribe had expressly waived its sovereign immunity. The trial court entered an order compelling mediation and arbitration in accordance with the rules of the American Arbitration Association (AAA), the firm chosen by the Tribe. The Tribe nonetheless refused to mediate, threatened to disparage AAA if it proceeded, and persuaded a recently-established tribal court to issue an injunction. AAA then declined to mediate the dispute.
The superior court awarded Findleton attorney fees and costs and imposed monetary sanctions—none of which the Tribe has paid. It issued writs of execution and orders to appear for examination. The Tribe’s representatives repeatedly refused to answer questions about casino assets, impeded the examination by filling the room with tribal members who engaged in a vocal demonstration, and transferred casino assets to a corporate entity—the superior court found a fraudulent transfer.
The Tribe sought to appeal the orders. The court of appeal dismissed the appeals, citing the disentitlement doctrine based on the Tribe’s flagrant, repeated, and continuous violation of court orders.
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