Fitzstephens

900 F.2d 262 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick FITZSTEPHENS; Donene Fitzstephens; Barbara Fitzstephens, Plaintiffs-Appellees, v. CENTURY 21 REAL ESTATE CORP., et al. Defendant, and Philip M. Schafer, Defendant-Appellant. No. 88-15636. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1990. Decided April 6, 1990. Before CHOY, TANG and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Philip M. Schafer, P.C. ("Schafer") appeals the district court's denial of his motion for attorney's fees. He argues that the suit brought by the appellees, Patrick Fitzstephens, Donene Fitzstephens and Barbara Fitzstephens ("the Fitzstephens"), was an "action on a contract" and that having successfully defended that suit he is therefore entitled to attorney's fees under Cal.Civ.Code Sec. 1717. We affirm. 3 * The Fitzstephens purchased a liquor store in late 1986-early 1987 from Donald and Gladys Sanders ("the Sanders").…