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Scott Johnson v. Karim Mehrabi
708 F. App'x 416
| 9th Cir. | 2017
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Docket

*1 Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Scott Johnson appeals from the district court’s order denying as moot his motion for attorney’s fees in his action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. K.C. ex rel. Erica C. v. Torlakson , 762 F.3d 963, 966 (9th Cir. 2014). We may *2 affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP , 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

Denial of Johnson’s motion for attorney’s fees was not an abuse of discretion because Johnson failed to set forth any basis for such an award. See Buckhannon Bd. & Care Home, Inc. v. W. Vir. Dep’t of Health & Human Res. , 532 U.S. 598, 600, 604-05, 610 (2001) (discussing motions for attorney’s fees brought under the Americans with Disabilities Act, and explaining that “prevailing party” does not include a party that has failed to secure a judgment on the merits or a court-ordered consent decree); Doran v. N. State Grocery, Inc. , 39 Cal. Rptr. 3d 922, 925-27 (Cal. App. 2006) (an award for attorney’s fees under Cal. Civ. Code § 52(a) requires a finding of liability).

AFFIRMED.

2 17-15736

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Scott Johnson v. Karim Mehrabi
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 28, 2017
Citation: 708 F. App'x 416
Docket Number: 17-15736
Court Abbreviation: 9th Cir.
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