Terry Smith v. Les Thorsen, Dorothy Thorsen, Husband and Wife

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry SMITH, Plaintiff-Appellee, v. Les THORSEN, Dorothy Thorsen, husband and wife, Defendants-Appellants. No. 88-4421. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1989. * Decided Dec. 6, 1989. As Amended on Denial of Rehearing and Rehearing En Banc June 5, 1990. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Les Thorsen appeals from the district court's refusal to award him attorneys' fees under Rule 11 of the Federal Rules of Civil Procedure. Thorsen asserts that plaintiff Terry Smith's personal injury suit was frivolous and that Smith should have been sanctioned and forced to pay Thorsen's attorneys' fees. Smith, in turn, contends that Thorsen's appeal is frivolous and that Thorsen should be liable for Smith's attorneys' fees and costs on appeal. The Magistrate found that Smith staged the accident at issue, but refused to grant Thorsen's motion for Rule…