Petitioner, a limited partnership (LP), requested a writ of mandate directing respondent, the San Diego County Superior Court, California, to vacate its order denying the LP’s motion to compel discoveryIn opposition to the petition for writ of mandate, real party in interest, an Indian Tribe, filed an answer and a motion to dismiss.
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Overview
A limited partnership (LP) that developed and managed commercial real estate on Indian land brought an action for breach of contract and fraudulent or negligent misrepresentation naming as a defendant a limited liability company (LLC) of which an Indian Tribe was a memberThe petition alleged an alter ego theory about the LLC and the TribeThe Tribe moved for summary judgment claiming sovereign immunityThe LP filed a motion to compel discovery of information from the Tribe regarding subject matter jurisdiction on the sovereign immunity issueThe trial court erroneously denied the discoveryBy denying the discovery, the trial court implicitly granted the Tribe’s summary judgment motion in advance of its scheduled hearing date, and without allowing any oppositionThe trial court’s ruling was both substantively and procedurally flawedTherefore, the appellate court directed the trial court to allow the requested discovery regarding subject matter jurisdiction to proceed.
Outcome
The writ of mandate was issuedThe motion to dismiss was denied.