discussed Cited as authority (rule) Upstrem, Inc. v. BHFO, Inc. (2×) “Rule 41(a)(2) is designed to allow the district court to ‘exercise its 10 broad equitable discretion . . . to weigh the relevant equities and do justice between the 11 parties in each case.’” Cerciello v. Blackburn Truck Lines Holding Co. Inc., 917 F.2d 27 12 (9th Cir. 1990) (quoting McCants v. Ford Motor Co., Inc., 781 F.2d 855, 857 (11th Cir. 13 1986)) (alteration in original). 14 II.

discussed Cited "see, e.g." Santa Rosa Memorial Hospital v. Jennifer Kent See Stevedoring, 889 F.2d at 922 (finding that the plaintiff raised a substantial legal question that, upon adverse determination, was disposi-tive of the action sufficient to support a decision to dismiss without prejudice without payment of attorney’s fees); see also Cerciello v. Blackburn Truck Lines Holding Co. Inc., 917 F.2d 27 , 1990 WL 161724 , at *2 (9th Cir. 1990) (unpublished) (citing Stevedoring, 889 F.2d at 920-22).