SAN FRANCISCO – A California appeals court has upheld a ruling ordering the Coyote Valley Band of Pomo Indians to pay a contractor for attorney's fees.
Robert Findleton filed a third appeal earlier this year against the Coyote Valley Band of Pomo Indians in an attempt to recoup more than $66,000 in attorney fees and costs that had been previously awarded in a superior court.
Findleton filed the most-recent appeal in the Court of Appeal of the State of California First Appellate, District Division Two. That court has now upheld the order and awarded Findleton more than $32,000 in costs and attorney's fees. The decision was made Sept. 26.
According to the court, the tribe had hired Findleton for "work and services provided under two agreements, known as the 'Construction Agreement' and the 'Rental Contract.'"
Findleton had done work for the Tribe’s casino and infrastructure development project. He alleged that the tribe failed to pay him for not only the work performed for the casino but also for payments that he incurred in rental fees for equipment necessary to perform the scope of the project.
Findleton filed a petition against the tribe in Mendocino County Superior Court in March 2012 after requesting "that the Tribe mediate and arbitrate pursuant to clauses in the agreements," the ruling states. Findleton contends that that tribe, however, failed to respond to those requests, forcing him to file a petition requesting a mediator and arbitrator.
According to the ruling, the tribe argued that "only one of the two agreements between Findleton and the Tribe (the Rental Agreement) authorized attorney fees."
Additionally, the tribe claimed lack of jurisdiction and its sovereign immunity arguing that Findleton "failed to exhaust tribal administrative remedies." The Superior Court rejected this claim and awarded Findleton costs of $4,591.79 and attorney fees of $28,148.75.