Opinion
No. 17-56481
08-21-2018
LAURA ALEXIS, an Individual, Plaintiff-Appellee, v. JAMES B. ROGERS; et al., Defendants-Appellants.
NOT FOR PUBLICATION
D.C. No. 3:15-cv-00691-CAB-BLM MEMORANDUM Appeal from the United States District Court for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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, 110 Cal. Rptr. 2d 903, 906-09 (Ct. App. 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.