Defendant waived issue of tribal immunity under equipment rental agreement, one of three agreements it entered into with plaintiff and the only one containing an attorney fee clause.  The tribe did not raise that argument in the trial court.  It did not raise a pure question of law because there was a factual issue as to whether the other two agreements and the rental agreement formed a single whole, as they were entered into at the same time with respect to the same construction project.  The tribe had already been held to have waived its sovereign immunity as to the other two agreements insofar as they required arbitration.  The court had jurisdiction to compel arbitration and award fees incurred in that process.

California Court of Appeal, First District, Division 2 (Stewart, J.); September 25, 2018; 27 Cal. App. 5th 565