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SMITH v. HOPLAND BAND OF POMO INDIANS

No. A093277.

115 Cal.Rptr.2d 455 (2002)

95 Cal.App.4th 1

Bodrell Joer'dan SMITH, Plaintiff and Appellant, v. HOPLAND BAND OF POMO INDIANS, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

As Modified on Denial of Rehearing February 6, 2002.

Attorney(s) appearing for the Case

Law Offices of Eugene L. Bass, Eugene L. Bass, Redwood City, for Appellant.

Rapport & Marston, Lester J. Marston, Ukiah, for Respondents.

STEIN, Acting P.J.

Bodrell Joer'dan Smith (Smith) appeals an order sustaining, without leave to amend, the Hopland Band of Pomo Indians' (Tribe's) demurrer, and granting the Tribe's motion to dismiss1 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...

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