Hubbard

MEMORANDUM **

Defendant-Appellant Kayo Oil Company (Kayo) appeals the district court’s denial of attorney fees following an award of summary judgment in favor of Kayo. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

I. The District Court’s Order Granting Summary Judgment

We find the district court’s December 22, 2006 “Order Granting Defendants’ Motion for Summary Judgment” too ambiguous to permit us to rule on most of the issues appealed in this case. We therefore vacate the order and remand the case to the district court with instructions that it articulate a reasoned basis for its December 22, 2006 order, and provided a reasoned decision, based in the record, on whether the case is moot.

II. Attorney’s Fees Under 42 U.S.C. § 12205 and California State Law

Depending on the district court’s resolution of the mootness issue, it may consider Kayo’s motion for attorney’s fees. A district court has discretion to award attorney’s fees to a prevailing defendant “upon a finding that the plaintiffs action was frivolous, unreasonable, or without foundation.” Summers v. Teichert & Son, Inc., 127…