Smith v. Hopland Band of Pomo Indians

Bodrell Joer’dan Smith (Smith) appeals an order sustaining, without leave to amend, the Hopland Band of Porno Indians’ (Tribe’s) demurrer, and granting the Tribe’s motion to dismiss Smith’s second amended complaint. The court held that the Tribe had not waived its sovereign immunity, by entering into a contract containing an arbitration clause, and agreeing to the application of California law, because a tribal ordinance provided that its sovereign immunity could only be waived by an ordinance or resolution of the tribal council explicitly waiving immunity.

We shall reverse and remand to the trial court.

Facts

Smith is an architect. On July 30, 1999, and September 27, 1999, he entered into two contracts with the Tribe to provide planning and architectural services related to development of Indian land, including a new casino and hotel. After a dispute arose over performance and payment, Smith filed a complaint in Mendocino County Superior Court seeking to recover unpaid fees of over $800,000. A copy of each of the contracts was attached to the complaint. The contracts included the American Institute of Architects Standard Form of Agreement Between Owner and Architect,…