James Mitchel v. City of Santa Rosa

MEMORANDUM

James A. Mitchel appeals from the district court’s reinstated award of attorney’s fees as Rule 11 sanctions following remand from this Court. Mitchel v. City of Santa Rosa, 476 Fed.Appx. 661, 665 (9th Cir.2011). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s sanction order for an abuse of discretion. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990). We affirm in part, reverse in part, and remand for reapportionment of the fee award.

I

The district court did not err by-concluding that the identified claims were legally unfounded and therefore sanctiona-ble. See Fed.R.Civ.P. 11(b)(2). These claims attempted to re-litigate, without modification, contentions previously dismissed by the district court as lacking legal merit. The district court’s assessment of the contents of Mitchel’s pleadings is consistent with the record. Mitchel’s contrary assertion on appeal is not persuasive.

II

The district court did not err in awarding the City fees for its defense of the arbitrator misconduct claim. The thirteenth cause of action in the First Amended Complaint asserted five claims alleging…