Cash

MEMORANDUM **

The law firm of Lawless & Lawless (“Lawless”) appeals the district court’s sua sponte dismissal of its motion for statutory attorneys fees. Lawless represented Anthony Cash (“Cash”) in an anti-discrimination suit against Chevron Corporation (“Chevron”). After a jury trial and verdict in Cash’s favor on his claims arising under the California Fair Employment and Housing Act (“FEHA”), the district court entered judgment against Chevron and *971 awarded Cash costs and damages. Acting as Cash’s attorney of record, Lawless moved for statutory attorneys fees as permitted under FEHA. Six days later, Cash terminated Lawless as his counsel. After a hearing on the motion, the district court, sua sponte, struck the fee motion on the ground that Lawless lacked Cash’s express or implied consent to seek statutory fees. Lawless appeals that decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373 , 101 S.Ct. 669 , 66 L.Ed.2d 571 (1981). We reverse and remand.

The district court, applying In re Marriage of Borson, 37 Cal.App.3d 632 , 112 Cal.Rptr. 432 (1974), concluded that Cash had not impliedly consented to Lawless’…