Warburton/Buttner

In this petition for writ of mandate brought by Warburton/ Buttner, a limited partnership that develops and manages commercial real estate on Indian land (Warburton), significant issues are raised concerning the showing required to establish an express authorization of an Indian tribe’s waiver of its sovereign immunity from suit. In addition to the defendant and real party in interest, the Tunica-Biloxi Tribe of Louisiana (the Tribe), Warburton’s action for breach of contract and fraudulent or negligent misrepresentation names as a defendant a limited liability company of which the Tribe is a member, First Nation Gaming, LLC (First Nation), and makes alter ego allegations about First Nation and the Tribe. The petition arises out of the trial court’s denial of Warburton’s motions to compel discovery of information from the Tribe regarding subject matter jurisdiction issues in connection with Warburton’s efforts to prepare opposition to a pending motion for summary judgment brought by the Tribe on the sovereign immunity issue. (Code Civ. Proc., § 437c.)

The challenged order denying the motions to compel discovery made findings that the Tribe had not effectively waived its…