Smith v. Hopland Band of Pomo Indians (2002)

BODRELL JOER'DAN SMITH, Plaintiff and Appellant, v. HOPLAND BAND OF POMO INDIANS, et al., Defendants and Respondents.

[Modification of opinion (95 Cal.App.4th 1).]

STEIN, Acting P. J.-

It is ordered that the opinion filed herein on January 9, 2002, be modified as follows:

On page 13, at the end of footnote 11 [95 Cal. App. 4th 12], add the following:

We also express no opinion on the question whether the scope of the contractual waiver of immunity is limited to a suit enforce an arbitration award, or a motion to compel arbitration, because the issue was not raised until respondents' petition for rehearing. (See, e.g., Epperson v. Rosemond (1950) 100 Cal. App. 2d 344, 347; Sanders v. Howard Park Co. (1948) 86 Cal. App. 2d 721, 723.)

There is no change in the judgment. Respondents' petition for rehearing is denied.