Paolini

MEMORANDUM ***

Plaintiff-Appellant Bruce P. Paolini appeals the district court’s award of attorneys’ fees to Defendants-Appellees Albert-son’s, Inc. and the Plan Administrator of Albertson’s Amended and Restated Stock-Based Incentive Plan (hereinafter, “Albert-son’s”). In consolidated case No. OS-35724, Albertson’s also seeks attorneys’ fees incurred on appeal. In both appeals, Albertson’s basis for the fees request is Idaho Code § 12-120 (3), an Idaho statute that provides for recovery of attorneys’ fees in civil actions on a “commercial transaction.” Id. We reverse the district court’s award of attorneys’ fees under § 12-120(3) to Albertson’s for defending against Paolini’s claims related to the attempted exercise of stock options. We affirm the award of attorneys’ fees for *669 Albertson’s counterclaim to collect on a promissory note, but only for those fees actually attributable to that claim.

An award of attorneys’ fees pursuant to state law is reviewed for abuse of discretion. Johnson v. Columbia Prop. Anchorage, 437 F.3d 894, 898-99 (9th Cir.2006). A district court’s interpretation and application of a particular state statute to permit an award of attorneys’ fees is,…