Jason Catz v. Susan Chalker

MEMORANDUM

Jason Alan Catz appeals pro se from the district court’s order granting attorney’s fees to Leonard Karp and Annette Ever-love. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion an award of fees, Braunstein v. Ariz. Dep’t of Transp., 683 F.3d 1177, 1184 (9th Cir.2012), and review de novo the underlying legal analysis, Harris v. Maricopa Cnty. Superior Court, 631 F.3d 963, 970 (9th Cir.2011). We vacate and remand.

In a prior appeal, we remanded for the district court to determine the amount of fees attributable solely to the representation of Karp and Everlove. On remand, the district court awarded all fees incurred in defending the meritless claims against Karp and Everlove, regardless of whether the work done on behalf of Karp and Ever-love might have benefitted another defendant against whom frivolous claims were not brought. However, Fox v. Vice, — U.S.-, 131 S.Ct. 2205 , 180 L.Ed.2d 45 (2011), decided after the district court’s order, held that defendants may be awarded only those fees requested which “would not have accrued but for the frivolous claim.” Id. at 2216 . It appears that the district court may have improperly awarded…