ALEXIS v. ROGERS (2018)

United States Court of Appeals, Ninth Circuit.

Laura ALEXIS, an Individual, Plaintiff-Appellee, v. James B. ROGERS; et al., Defendants-Appellants.

No. 17-56481

Decided: August 21, 2018

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Laura Alexis, Pro Se Olaf Jerzy Muller, Esquire, Keith A. Fink & Associates, Los Angeles, CA, Keith Allen Fink, Esquire, Fink & Steinberg, Los Angeles, CA, for Defendant-Appellant

MEMORANDUM **

James B. Rogers, Gladys Holdings, LLC, and Beeland Interests, Inc. appeal from the district court's order denying their motion for attorney's fees. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. EEOC v. United Parcel Serv., Inc., 424 F.3d 1060, 1068 (9th Cir. 2005). We affirm.

The district court did not abuse its discretion by denying defendants’ motion for attorney's fees because the record does not support a finding that plaintiff's claims were frivolous, unreasonable, or without foundation. See Rosenman v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, 91 Cal.App.4th 859, 110 Cal.Rptr.2d 903, 906-09 (2001) (discussing standard for awarding attorney's fees under Cal. Gov. Code § 12965(b) and explaining that attorney's fees should only be awarded to prevailing defendants in “rare cases”).

AFFIRMED.

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