Antelope Valley Health Care District v. Citadel Properties Lancaster, LLC

MEMORANDUM *

Citadel Properties Lancaster, LLC (Citadel) appeals the district court’s final judgment awarding Antelope Valley Health Care District (Antelope Valley) specific performance under Section 5 of the parties’ Support Agreement and denying Citadel relief under Section 2 of the Support Agreement. Citadel also appeals the district court’s decision to grant Antelope Valley attorneys’ fees as the prevailing party.

Citadel’s post-judgment sale of the property to Antelope Valley did not render Citadel’s appeal moot. Conveyance of property is insufficient to moot a case. See Muckleshoot Indian Tribe v. United States Forest Service, 177 F.3d 800 , 815 (9th Cir.1999). Rather, mootness requires a showing that we could not provide Citadel any relief. See In re Heritage Bond Litigation, 546 F.3d 667, 675 (9th Cir. 2008). Because we could rescind the conveyance of the building to Antelope Valley, Citadel’s appeal is not moot. See Muckle-shoot Indian Tribe, 177 F.3d at 815.

The district court properly granted specific performance to Antelope Valley under Section 5 of the Support Agreement because the plain language of Section 5 obligated Antelope Valley to purchase the building once…