Notrica

Leon Notriea appeals the district court’s grant of summary judgment in favor of the Federal Deposit Insurance Corporation (“FDIC”). Notriea contends that the district court incorrectly determined that there are no triable issues of material fact with respect to either Notrica’s claim that his security interest in a parcel of real property is senior to a lien held by the FDIC, or his claim that the FDIC is liable to him for the balance due on a promissory note executed by Notriea and a third party. The FDIC appeals the district court’s denial of its post-judgment motion for attorneys’ fees. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm both the district court’s grant of summary judgment and its order that each side bear its own attorneys’ fees.

*963 I

In December 1988, Sandco American, Inc. (“Sandco”) exercised an option to purchase from Campo de Leon (“CDL”) a parcel of real property located in San Marcos, California (“Santalina Hills”). Under the terms of the option agreement, the purchase price was set at $2,000,000: $750,000 payable in cash, and $1,250,000 due on a promissory note secured by a first deed of trust on the Santa-lina Hills property. The option…