Troilo v. Big Sandy Band of West. Mono Indians
This appeal concerns the interpretation of the term non-fixed assets in an employment agreement that was entered into by appellant, Michael Troilo, and respondent, Big Sandy Band of Western Mono Indians, a federally recognized Indian tribe (Tribe), when the Tribe hired Troilo as general manager of its Mono Wind Casino (Casino). The Tribe waived sovereign immunity for claims arising out of the employment relationship but limited the assets that could be executed against it to non-fixed assets of the Gaming/Hotel facility or the Tribes share of the profits from the Gaming/Hotel Facility.
After appellant received an arbitration award of $478,000 plus interest, attorney fees and costs in his wrongful termination action against the Tribe, he obtained a writ of execution. The writ directed the county sheriff to take custody of the proceeds of all sales and all types of gambling, as well as cash on the premises. The county sheriff entered the Casino and took over $169,000 in cash. The seizure of this money required the Tribe to shut the Casino down. Otherwise, the Tribe would have been in violation of federal regulations requiring that minimum cash reserves be maintained. The order is affirmed.
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