Leslie

MEMORANDUM *

Defendant Cap Gemini Ernst & Young US, LLC, appeals from the district court’s order awarding attorney fees to Plaintiff Daniel Leslie under Revised Code of Washington (“RCW”) section 49.48.030, following a jury verdict in favor of Plaintiff on a breach of contract claim. We review for abuse of discretion the district court’s award of attorney fees. Oscar v. Alaska Dep’t of Educ. & Early Dev., 541 F.3d 978, 980 (9th Cir.2008). We review de novo the district court’s legal determinations and review for clear error the district court’s factual findings. Id. at 981 . We reverse and remand with instructions to vacate the award of attorney fees.

RCW section 49.48.030 (“the statute”) provides in full:

(Emphasis added). The plain text of the statute requires that fees be “assessed against [an] employer or former employer.” 1 Id. The Washington Court of Appeals has held, not surprisingly, that RCW section 49.48.030 “does not authorize an assessment of attorney fees against a party who is not an employer.” City of Kennewick v. Bd. for Volunteer Firefighters, 85 Wash.App. 366 , 933 P.2d 423, 425 (1997). We therefore hold that attorney fees under RCW section 49.48.030 are…