Temple of 1001 Buddhas v. City of Fremont
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 TEMPLE OF 1001 BUDDHAS, et al., Case No. 21-cv-04661-CRB
Plaintiffs,
ORDER DENYING ATTORNEYS’
v.
FEES
CITY OF FREMONT, Defendant.
On May 18, 2022, the Court granted the City of Fremont’s motion to dismiss with prejudice all claims in Plaintiffs’ second amended complaint. See Third Dismissal Order (dkt. 42). Plaintiffs have appealed this case to the Ninth Circuit. See Notice of Appeal (dkt. 48). The City moved for attorneys’ fees. See Mot. (dkt. 44). In an action under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), a district court, “in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988(b). Section 1988(b) permits an award to a prevailing defendant when the plaintiff’s civil rights claim is “frivolous, unreasonable, or groundless, or [when] the plaintiff continued to litigate after it clearly became so.” …