American Property Management Corp. v. Superior Court

*495 Opinion

The petition for writ of mandate filed by American Property Management Corporation (APMC) 1 challenges the trial court’s ruling that the cross-complaint against U.S. Grant Hotel Ventures, LLC (U.S. Grant, LLC)—a limited liability company organized under California law—is barred by tribal sovereign immunity because of U.S. Grant, LLC’s relationship with the Sycuan Band of the Kumeyaay Nation (Sycuan), a federally recognized Indian tribe.

We conclude that APMC is entitled to writ relief. U.S. Grant, LLC, is not an arm of the tribe protected by Sycuan’s sovereign immunity. Accordingly we will direct a writ of mandate to issue requiring the superior court to vacate its order dismissing the cross-complaint against U.S. Grant, LLC.

I

FACTUAL AND PROCEDURAL BACKGROUND

In 2003, Sycuan Tribal Development Corporation (STDC), a corporation chartered under Sycuan’s tribal laws, invested in the purchase of the U.S. Grant Hotel in downtown San Diego (the hotel) but created several layers of California limited liability companies to stand between it and the entity that took ownership of the hotel.

Specifically, U.S. Grant, LLC—a California limited liability company— purchased…