Exxon Corporation v. Mohammad Fallahi

98 F.3d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. EXXON CORPORATION, Plaintiff-Appellee, v. Mohammad FALLAHI, Defendant-Appellant. No. 95-15881. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1996. * Decided Oct. 11, 1996. Before: GOODWIN, WALLACE, and RYMER, Circuit Judges. MEMORANDUM 1 Fallahi appeals from an award of attorney's fees entered pursuant to section 1717 of the California Civil Code (section 1717). The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1367. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 2 Fallahi raises two issues in this appeal. First, he contends that the Petroleum Marketing Practice Act preempts section 1717. Fallahi concedes that he raises this argument for the first time on appeal, and we will not consider its merits. Broad v. Sealaska Corp., 85 F.3d 422, 430 (9th Cir.1996). 3 Fallahi next argues that the district court erroneously awarded…