Ann Kletzelman v. Capistrano Unified School District Capistrano Unified School District Board of Education

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ann KLETZELMAN, Plaintiff-Appellant, v. CAPISTRANO UNIFIED SCHOOL DISTRICT; Capistrano Unified School District Board of Education, Defendants-Appellees. No. 94-55438. United States Court of Appeals, Ninth Circuit. Submitted: Oct. 20, 1995. * Decided: Nov. 15, 1995. 1 Before: POOLE and O'SCANNLAIN, Circuit Judges; MARSH, ** District Judge. 2 MEMORANDUM *** 3 Ann Kletzelman appeals the district court's judgment, after a bench trial, denying her request for attorneys' fees from the Capistrano Unified School District ("CUSD") and the CUSD Board of Education in her action pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C.A. Sec. 1415 (e)(4)(B) (West Supp.1995). On appeal, Kletzelman contends that the district court erred in ruling that there was no dispute between Kletzelman and the CUSD and that Kletzelman was thus not a prevailing party entitled to fees and costs. Kletzelman also claims…