Olson Ex Rel. Edmund C. Olson Trust No.2 v. Han Kamakani Phua

Ninth Circuit

Olson Ex Rel. Edmund C. Olson Trust No.2 v. Han Kamakani Phua

584 F. App'x 435

Court of Appeals for the Ninth Circuit·Decided August 1, 2014·No. 12-17180·Unpublished

Opinion

MEMORANDUM **

Han Kamakani Phua and Abel Simeona Lui appeal pro se from the district court’s order granting the Edmund C. Olson Trust’s motion for attorney’s fees and costs. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion an award of attorney’s fees, and *436 review de novo the underlying legal analysis. Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059-60 (9th Cir.2006). We affirm.

Contrary to appellants’ contention, the Trust’s motion for attorney’s fees and costs was timely filed because it was filed before entry of judgment. See Fed.R.Civ.P. 54(d)(2)(B) (“Unless a statute or a court order provides otherwise, the motion [for attorney’s fees] must .. •. be filed no later than 14 days after the entry of judgment”); Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 889 (9th Cir.2000) (a Rule 54 motion for attorney’s fees is expressly conditioned on an entry of judgment).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM **

Han Kamakani Phua and Abel Simeona Lui appeal pro se from the district court’s order granting the Edmund C. Olson Trust’s motion for attorney’s fees and costs. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion an award of attorney’s fees, and *436 review de novo the underlying legal analysis. Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059-60 (9th Cir.2006). We affirm.

Contrary to appellants’ contention, the Trust’s motion for attorney’s fees and costs was timely filed because it was filed before entry of judgment. See Fed.R.Civ.P. 54(d)(2)(B) (“Unless a statute or a court order provides otherwise, the motion [for attorney’s fees] must .. •. be filed no later than 14 days after the entry of judgment”); Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 889 (9th Cir.2000) (a Rule 54 motion for attorney’s fees is expressly conditioned on an entry of judgment).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Olson Ex Rel. Edmund C. Olson Trust No.2 v. Han Kamakani Phua, 584 F. App'x 435 (9th Cir. 2014).

Pincite

584 F. App'x 435 (Olson Ex Rel. Edmund C. Olson Trust No.2 v. Han Kamakani Phua) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related