Findleton

*349 *567 This is our third appeal concerning contractor Robert Findleton's attempts to enforce arbitration clauses in agreements he entered into with the Coyote Valley Band of Pomo Indians (the Tribe), which failed to pay him for work he performed for the Tribe. In the first appeal, we held the Tribe had waived its sovereign immunity for purposes of arbitrating the contract disputes and that the waiver extended to judicial enforcement of the right to arbitrate and of any arbitration award. ( Findleton v. Coyote Band of Pomo Indians (2016) 1 Cal.App.5th 1194 , 1217, 205 Cal.Rptr.3d 699 ( Findleton I ).) We reversed the superior court's contrary ruling and remanded the case for further proceedings. In the second appeal, we reversed the superior court's grant of the Tribe's motion for prevailing party attorney fees and costs of $66,733.50 under the Tribal Code and Civil Code section 1717 because, in view of our ruling in Findleton I , the Tribe was not a prevailing party.

*568 On remand, Findleton filed a motion to compel mediation and arbitration and a motion for an award of the attorney fees Findleton incurred on appeal. In response, the Tribe did not oppose the fee motion on the…