Yan Sui v. 2176 Pacific Homeowners Associ

MEMORANDUM

In these consolidated appeals, plaintiffs Yan Sui and Pei-Yu Yang appeal pro se from the district court’s judgment dismissing their 42 U.S.C. § 1983 action arising from the towing of their van and the district court’s subsequent award of attorney’s fees to defendants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both a dismissal for failure to state a claim, Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010), and a dismissal based on the doctrine of res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We review for an abuse of discretion an award of attorney’s fees, and review de novo the underlying legal analysis. Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059-60 (9th Cir.2006). We affirm as to the judgment, but reverse and remand as to the award of attorney’s fees.

In No. 12-56935, the district court properly dismissed plaintiffs’ claims arising from the towing of their van and the alleged falsely reported debt against Yang that arose before the state court litigation filed on March 15, 2010, because those claims were based on the same primary right asserted in prior state court actions. See Manufactured Home Cmtys.,…