Phillip Carnes Jennifer Carnes Kathryn Schaller Kevin Schaller H. Gene Carnes v. Michael A. Zamani Nancy Zamani, 488 F.3d 1057 (9th Cir. 2007). · Go Syfert
Phillip Carnes Jennifer Carnes Kathryn Schaller Kevin Schaller H. Gene Carnes v. Michael A. Zamani Nancy Zamani, 488 F.3d 1057 (9th Cir. 2007). Cases Citing This Book View Copy Cite
99 citation events (99 in the last 25 years) across 15 distinct courts.
Strongest positive: Fachner v. Safeco Insurance Company of America (mtd, 2025-07-21)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Fachner v. Safeco Insurance Company of America
D. Mont. · 2025 · confidence medium
“In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007) (citing In re Larry's Apartment, L.L.C., 249 F.3d 832 , 837–38 (9th Cir. 2001)).
discussed Cited as authority (rule) Moonshadow Mobile, Inc. v. Labels & Lists, Inc.
D. Or. · 2025 · confidence medium
LEGAL STANDARD “In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Mark R. Kiesel Living Trust v. Hyde
D. Mont. · 2025 · confidence medium
“In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007) (citing In re Larry's Apartment, L.L.C., 249 F.3d 832 , 837–38 (9th Cir.2001)). 1.
discussed Cited as authority (rule) Ameris Bank v. 2 Sons Trucking LLC
C.D. Cal. · 2025 · confidence medium
“In a diversity 27 case, the law of the state in which the district court sits determines whether a party 28 is entitled to attorney fees, and the procedure for requesting an award of attorney 1 fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2 2007).
cited Cited as authority (rule) Pine QOZB, LLC v. ARCO/Murray National Construction Company, Inc.
D. Idaho · 2025 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) AGK Sierra de Montserrat, L.P. v. Comerica Bank
E.D. Cal. · 2025 · confidence medium
“In a diversity case, the law of the state in which the 3 district court sits determines whether a party is entitled to attorney[s’] fees . . . .” Carnes v. 4 Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) American First Finance LLC v. Mendoza Garcia
E.D. Cal. · 2025 · confidence medium
LEGAL STANDARD 20 “In a diversity case, the law of the state in which the district court sits determines whether a 21 party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is 22 governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Ameris Bank v. Soorma Trucking LLC
C.D. Cal. · 2025 · confidence medium
“In a diversity case, 10 the law of the state in which the district court sits determines whether a party is 11 entitled to attorney fees, and the procedure for requesting an award of attorney fees 12 is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 13 2007).
cited Cited as authority (rule) Oxbow Land Holdings, LLC v. ARCO/Murray National Construction Company, Inc.
D. Mont. · 2024 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
cited Cited as authority (rule) EMCASCO Insurance Company v. Van Dyken Drilling, Inc.
D. Mont. · 2024 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Meeks v. FCA US LLC
E.D. Cal. · 2024 · confidence medium
Awards for Fees, Costs, and Expenses 26 “In a diversity case, the law of the state in which the district court sits determines whether a 27 party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is 28 governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); see also Mangold 1 v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 1995) (noting that in a diversity action, 2 the Ninth Circuit “applied state law in determining not only the right to fees, but also in the method of 3 calculating the fees”). 4 As expla…
discussed Cited as authority (rule) Yuga Labs Inc v. Hickman
D. Nev. · 2024 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th 9 Cir. 2007); see also MRO Commc’ns, Inc., 197 F.3d at 1280–81 (explaining that Rule 54(d)(2) 10 creates a procedure to request attorneys’ fees, not a right to recover attorneys’ fees).
examined Cited as authority (rule) China Branding Group Limited v. Tony Bobulinski (3×)
9th Cir. · 2024 · confidence medium
We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.1 “We review a denial of a motion for attorney fees for abuse of discretion.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007) (citation omitted). ** The Honorable Richard D.
cited Cited as authority (rule) Nautilus Insurance Company v. Farrens
D. Mont. · 2024 · confidence medium
Co., 589 F.3d 999, 1004 (9th Cir. 2009) (parenthetically citing Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007)).
discussed Cited as authority (rule) Ignite Spirits, Inc. v. Consulting by AR, LLC
D. Nev. · 2024 · confidence medium
Carnes 26 v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); see also MRO Commc'ns, Inc., 197 F.3d at 1280– 27 81 (explaining that Rule 54(d)(2) creates a procedure to request attorney's fees, not a right to 28 1 recover attorney's fees).
discussed Cited as authority (rule) G.P.P., Inc. v. Guardian Protection Products, Inc.
E.D. Cal. · 2023 · confidence medium
LEGAL STANDARD 3 “In a diversity case, the law of the state in which the district court sits determines whether a 4 party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is 5 governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Pride Energy Company v. The Long Trusts
D. Mont. · 2023 · confidence medium
Discussion A. Attorney Fees “In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees[.]” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Friedman v. Walmart Inc.
D. Nev. · 2023 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); 11 see also MRO Commc’ns, Inc., 197 F.3d at 1280–81 (explaining that Rule 54(d)(2) creates a 12 procedure to request attorneys’ fees, not a right to recover attorneys’ fees). 13 III.
discussed Cited as authority (rule) InterCon Construction, Inc. v. TEAM Industrial Services, Inc.
N.D. Iowa · 2023 · confidence medium
Co., 589 F.3d 999, 1004 (9th Cir. 2009) (“In a diversity case, . . . the procedure for requesting an award of attorney fees is governed by federal law.” (quoting Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007)); Route Triple Seven Ltd.
discussed Cited as authority (rule) United States of America, ex rel v. Fife Dermatology PC
D. Nev. · 2023 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 28 1 2007); see also MRO Commc’ns, Inc., 197 F.3d at 1280–81 (explaining that Rule 54(d)(2) 2 creates a procedure to request attorneys’ fees, not a right to recover attorneys’ fees). 3 III.
discussed Cited as authority (rule) MGM Grand Hotel v. Long
D. Nev. · 2022 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007). 15 Nevada law permits parties to a contract to choose the governing law if “the parties acted in good 16 faith and not to evade the law of the real situs of the contract,” the chosen law has a “substantial 17 relation with the transaction,” and the agreement is not contrary to Nevada’s public policy. 18 Progressive Gulf Ins.
discussed Cited as authority (rule) Jacobson v. Rodriguez
D. Nev. · 2022 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007). 19 Nevada law permits parties to a contract to choose the governing law if “the parties acted in good 20 faith and not to evade the law of the real situs of the contract,” the chosen law has a “substantial 21 relation with the transaction,” and the agreement is not contrary to Nevada’s public policy. 22 1 In the motion, Jacobson also seeks $7,187.80 in nontaxable costs.
discussed Cited as authority (rule) Hanai v. Mercedes-Benz USA, LLC
N.D. Cal. · 2022 · confidence medium
Plaintiffs now move for 16 attorney’s fees in the amount of $29,147.50 and costs in the amount of $862.70. 17 This order follows full briefing and a telephonic hearing. 18 ANALYSIS 19 “In a diversity case, the law of the state in which the district court sits 20 determines whether a party is entitled to attorney fees . . . .” Carnes v. Zamani, 21 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Sayta v. Martin
N.D. Cal. · 2022 · confidence medium
Carnes, 488 F.3d at 1060 (“attorney fees 3 incurred in enforcing a judgment” may be obtained either through a memorandum of costs or 4 noticed motion); Berti, 145 Cal. App. 4th at 77 (“[Defendant’s] argument [that statutory attorney’s 5 fees incurred to enforce a judgment are not recoverable under § 685.040] ignores that the 6 penultimate sentence of Code of Civil Procedure section 685.040 authorizes postjudgment fees 7 provided by law.”). 8 Mr. Cowen also faults Mr. Martin’s failure to complete Section 10 of the Memorandum of 9 Costs (Worksheet) MC-011 by including a statement …
discussed Cited as authority (rule) Martinez v. Ford Motor Company
E.D. Cal. · 2021 · confidence medium
No. 1 ¶¶ 3–7), 3 “the law of the state in which the district court sits determines whether a party is entitled to 4 attorney fees,” but “the procedure for requesting an award of attorney fees is governed by federal 5 law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007) (emphasis added) (citation 6 omitted).
discussed Cited as authority (rule) Brown v. Hudson
Bankr. E.D. Cal. · 2021 · confidence medium
Id., 5 at 441, citing Carnes v. Zamani, 488 F.3d 1057, 1060 (9th Cir. 6 2007) (finding that post-judgment attorney fees under C.C.P. 7 § 685.040 must comply with the timeliness requirements of C.C.P. 8 § 685.080). 9 Plaintiff argues that C.C.P. § 685.040 allows her to be 10 reimbursed her costs of enforcing the judgment because the 11 underlying judgment includes an award of attorney’s fees under 12 C.C.P. § 1033.5(a)(10), which permits attorney fees to be 13 allowable costs under C.C.P. § 1032.
cited Cited as authority (rule) Erik Ghukasyan v. BMW of North America LLC
C.D. Cal. · 2021 · confidence medium
Co., 589 F.3d 999, 1004 (9th Cir. 2009) (emphasis added) (quoting Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007)). 1 Judgment, or by October 22, 2019.
discussed Cited as authority (rule) Erik Ghukasyan v. BMW of North America LLC
C.D. Cal. · 2021 · confidence medium
Co., 589 F.3d 999, 1004 (9th Cir. 2009) (emphasis added) (quoting Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007)). 1 section 1794, subdivision (d), as determined by agreement of the parties or by noticed 2 Motion.” (J. ¶ 3 (emphasis added); Rule 68 O&A Ex.
cited Cited as authority (rule) American Welding & Gas, Inc. v. Weldworld Corporation
D. Mont. · 2021 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) United States of America ex rel v. Clark County
D. Nev. · 2020 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th 10 Cir. 2007); see also MRO Commc’ns, Inc., 197 F.3d at 1280–81 (explaining that Rule 54(d)(2) 11 creates a procedure to request attorneys’ fees, not a right to recover attorneys’ fees).
discussed Cited as authority (rule) Demaria v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 8 “In a diversity case, the law of the state in which the district court sits determines 9 whether a party is entitled to attorney fees, and the procedure for requesting an award of 10 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 11 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 12 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 13 not only the right to fees, but also in the method of calculating the fees”). 14 As explained by the Supreme …
discussed Cited as authority (rule) Kotulski v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 9 “In a diversity case, the law of the state in which the district court sits determines 10 whether a party is entitled to attorney fees, and the procedure for requesting an award of 11 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 12 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 13 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 14 not only the right to fees, but also in the method of calculating the fees”). 15 As explained by the Supreme…
cited Cited as authority (rule) Tammy Phillips v. Kevan Gilman
9th Cir. · 2020 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1061 (9th Cir. 2007).
discussed Cited as authority (rule) Jurosky v. BMW of North America, LLC
S.D. Cal. · 2020 · confidence medium
“In a diversity case, the law of the 19 state in which the district court sits determines whether a party is entitled to attorney fees, 20 and the procedure for requesting an award of attorney fees is governed by federal law.” 21 Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Davenport v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 7 “In a diversity case, the law of the state in which the district court sits determines 8 whether a party is entitled to attorney fees, and the procedure for requesting an award of 9 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 10 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 11 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 12 not only the right to fees, but also in the method of calculating the fees”). 13 As explained by the Supreme C…
discussed Cited as authority (rule) Ferrer v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 10 “In a diversity case, the law of the state in which the district court sits determines 11 whether a party is entitled to attorney fees, and the procedure for requesting an award of 12 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 13 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 14 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 15 not only the right to fees, but also in the method of calculating the fees”). 16 As explained by the Suprem…
discussed Cited as authority (rule) Gerber v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 11 “In a diversity case, the law of the state in which the district court sits determines 12 whether a party is entitled to attorney fees, and the procedure for requesting an award of 13 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 14 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 15 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 16 not only the right to fees, but also in the method of calculating the fees”). 17 As explained by the Suprem…
discussed Cited as authority (rule) Jurosky v. BMW of North America, LLC
S.D. Cal. · 2020 · confidence medium
“In a diversity case, 23 the law of the state in which the district court sits determines whether a party is entitled to 24 attorney fees, and the procedure for requesting an award of attorney fees is governed by 25 federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007). 26 27 28 1 1 The lodestar method is the prevailing method for calculating attorneys’ fees. 2 Robertson v. Fleetwood Travel Trailers of Cal., Inc., 144 Cal. App. 4th 785, 818-19 (2006); 3 Ketchum v. Moses, 24 Cal. 4th 1122, 1135 (2001).
discussed Cited as authority (rule) Hill v. FCA US LLC
S.D. Cal. · 2020 · confidence medium
LEGAL STANDARD 9 “In a diversity case, the law of the state in which the district court sits determines 10 whether a party is entitled to attorney fees, and the procedure for requesting an award of 11 attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 12 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 13 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 14 not only the right to fees, but also in the method of calculating the fees”). 15 As explained by the Supreme…
discussed Cited as authority (rule) Simulados Software, Ltd. v. Photon Infotech Private, Ltd.
N.D. Cal. · 2020 · confidence medium
California Civil Code § 1717(a), which governs fee applications stemming from 24 contract actions, states: 25 26 1 “In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is governed 27 by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
cited Cited as authority (rule) Morgan Stanley High Yield Securities Inc v. Jecklin
D. Nev. · 2020 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 13 2007).
discussed Cited as authority (rule) Hellenberg v. Ford Motor Company
S.D. Cal. · 2020 · confidence medium
“In a diversity case, 9 the law of the state in which the district court sits determines whether a party is entitled to 10 attorney fees, and the procedure for requesting an award of attorney fees is governed by 11 federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007). 12 The lodestar method is the prevailing method for calculating attorneys’ fees. 13 Robertson v. Fleetwood Travel Trailers of California, Inc., 144 Cal. App. 4th 785 , 818-19 14 (2006); Ketchum v. Moses, 24 Cal. 4th 1122, 1135 (2001).
discussed Cited as authority (rule) Holcomb v. BMW of North America, LLC
S.D. Cal. · 2020 · confidence medium
“In a diversity case, the law of the 15 state in which the district court sits determines whether a party is entitled to attorney fees, 16 and the procedure for requesting an award of attorney fees is governed by federal law.” 17 Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007).
discussed Cited as authority (rule) Durham v. FCA US LLC
E.D. Cal. · 2020 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); see also Mangold v. Cal. 22 Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 1995) (noting that in a diversity action, the Ninth 23 Circuit “applied state law in determining not only the right to fees, but also in the method of calculating 24 the fees”). 25 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing litigant 26 ordinarily is not entitled to collect a reasonable attorneys’ fee from the loser.’” Travelers Casualty & 27 Surety Co. of Am. v. Pacific Gas & Electric Co., 549 U.S. 443, 448…
discussed Cited as authority (rule) Julian III Flores v. FCA US LLC
E.D. Cal. · 2019 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); see also Mangold v. Cal. 13 Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 1995) (noting that in a diversity action, the Ninth 14 Circuit “applied state law in determining not only the right to fees, but also in the method of calculating 15 the fees”). 16 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing litigant 17 ordinarily is not entitled to collect a reasonable attorneys’ fee from the loser.’” Travelers Casualty & 18 Surety Co. of Am. v. Pacific Gas & Electric Co., 549 U.S. 443, 448…
cited Cited as authority (rule) Schutza v. Walter E. Fiedler Inc.
S.D. Cal. · 2019 · confidence medium
Carnes 11 v. Zamani, 488 F.3d 1057, 1060 (9th Cir. 2007). 12 II.
discussed Cited as authority (rule) Celestine v. FCA US LLC
E.D. Cal. · 2019 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 25 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 1995) (noting 26 that in a diversity action, the Ninth Circuit “applied state law in determining not only the right to fees, 27 28 1 Despite counsel’s prior representations to the Court regarding the date the action settleed, the billing records 1 but also in the method of calculating the fees”). 2 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing litigant 3 ordinarily is not entitled to collect a reasonable attorneys…
discussed Cited as authority (rule) Salinas v. FCA US LLC
E.D. Cal. · 2019 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007); see also Mangold v. Cal. 5 Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 1995) (noting that in a diversity action, the Ninth 6 Circuit “applied state law in determining not only the right to fees, but also in the method of calculating 7 the fees”). 8 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing litigant 9 ordinarily is not entitled to collect a reasonable attorneys’ fee from the loser.’” Travelers Casualty & 10 Surety Co. of Am. v. Pacific Gas & Electric Co., 549 U.S. 443, 448 (200…
discussed Cited as authority (rule) Johnson v. FCA US LLC
S.D. Cal. · 2019 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 25 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 26 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 27 not only the right to fees, but also in the method of calculating the fees”). 28 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing 1 litigant ordinarily is not entitled to collect a reasonable attorneys’ fee from the loser.’ 2 Travelers Casualty & Surety Co. of Am. v. Pacific Gas & Electric Co., 549 U.S. 443 , 448 3 (…
discussed Cited as authority (rule) Hamm v. FCA US LLC
S.D. Cal. · 2019 · confidence medium
Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 16 2007); see also Mangold v. Cal. Public Utilities Comm’n, 67 F.3d 1470 , 1478 (9th Cir. 17 1995) (noting that in a diversity action, the Ninth Circuit “applied state law in determining 18 not only the right to fees, but also in the method of calculating the fees”). 19 As explained by the Supreme Court, “[u]nder the American Rule, ‘the prevailing 20 litigant ordinarily is not entitled to collect a reasonable attorneys’ fee from the loser.’ 21 Travelers Casualty & Surety Co. of Am. v. Pacific Gas & Electric Co., 549 U.S. 443 , 448 2…
Retrieving the full opinion text from the archive…
Phillip CARNES; Jennifer Carnes; Kathryn Schaller; Kevin Schaller; H. Gene Carnes, Plaintiffs-Appellants,
v.
Michael A. ZAMANI; Nancy Zamani, Defendants-Appellees
05-15084.
Court of Appeals for the Ninth Circuit.
Jun 4, 2007.
488 F.3d 1057
J.D. Sullivan and Ross S. Heckmann, Sullivan Law Offices, Minden, NV, for the appellants., Michael A. Zamani, pro se, San Jose, CA, argued on his own behalf. Timothy E. Herr, Herr & Zapala, San Jose, CA, was on the brief for the appellees.
Hug, Fletcher, Holland.
Cited by 79 opinions  |  Published
HOLLAND, District Judge.

Appellants Phillip Carnes, Jennifer Carnes, Kathryn Schaller, Kevin Schaller, and H. Gene Carnes (“the Carneses”) appeal the district court’s denial of their motion for attorney fees and costs incurred in enforcing a judgment in their favor against appellees Michael A. and Nancy Zamani (“the Zamanis”). This appeal raises the question of whether Rule 69(a) of the Federal Rules of Civil Procedure applies to a motion for post-judgment attorney fees, and if so, whether under California law, the Carneses’ fee motion was untimely. The district court held that Rule 69(a) applied to the Carneses’ fee motion and that the motion was untimely. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I.

This diversity action, which arose out of a commercial real estate transaction between the parties, was commenced by the Carneses on January 21, 2000. On March 5, 2001, the district court granted summary judgment in the Carneses’ favor. On February 19, 2002, pursuant to California’s Civil Code section 1717, the district court awarded attorney fees to the Carnes-es. In August 2002, the Carneses began to execute on the assets of the Zamanis. On January 28, 2008, the Zamanis wired to the Carneses what they contended was the full amount of the judgment against them. On February 10, 2003, the Carneses filed in the district court a document entitled “Full Satisfaction of Judgment.” On April 16, 2003, the Carneses filed a motion for attorney fees and costs incurred in enforcing the judgment against the Zamanis. Relying on Rule 69(a), the district court applied California law to conclude that the Carneses’ fee motion was untimely. This appeal followed.

II.

We review a denial of a motion for attorney fees for abuse of discretion. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 898 (9th Cir.2006). However, “[i]f the parties contend the district court made a legal error in determining the fee award, then de novo review is required.” Thomas v. City of Tacoma, 410 F.3d 644, 647 (9th Cir.2005). We also review de novo a district court’s interpretation of federal rules. Hilao v. Estate of Marcos, 95 F.3d 848, 851 (9th Cir.1996).

In a diversity case, the law of the state in which the district court sits determines whether a party is entitled to attorney fees, and the procedure for requesting an award of attorney fees is governed by federal law. See In re Larry’s Apartment, L.L.C., 249 F.3d 832, 837-38 (9th Cir.2001). Fee motions are generally governed by Federal Rule of Civil Procedure 54(d)(2), which provides that such motions shall be “filed no later than 14 days after entry of judgment.” Because the Carneses’ fee motion was filed more than 14 days after entry of judgment, Rule 54(d)(2) has no application here. The Carneses thus contend that Federal Rule of Civil Procedure 83(b) applies to their fee motion because there is no other federal or local rule that applies. Rule 83(b) allows a judge to regulate the practice in his court when there is no other controlling law. We reject this contention because we are persuaded that Rule 69(a) applies in this instance.

Rule 69(a) governs the procedure that applies to the enforcement of a money judgment in federal court. It provides, in pertinent part:

The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the[*1060] state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable.

Fed.R.Civ.P. 69(a). By its plain language, Rule 69(a) applies to “proceedings supplementary to and in aid of a judgment.” We have not previously considered whether a post-judgment fee motion constitutes a “proceeding! ] supplementary to and in aid of a judgment.” The Supreme Court “has indicated that motions for costs or attorney’s fees are ‘independent proceeding^] supplemental to the original proceeding ....’” Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990) (alteration in original) (quoting Sprague v. Ticonic Nat’l Bank, 307 U.S. 161, 170, 59 S.Ct. 777, 83 L.Ed. 1184 (1939)). If a motion for fees incurred in obtaining a judgment is considered a supplemental proceeding, it follows that a motion for fees incurred in enforcing a judgment can also be characterized as a supplementary proceeding. Thus, Rule 69(a) applies to the Carneses’ fee motion.

Rule 69(a) requires the court to apply state law to “proceedings supplementary to and in aid of a judgment” unless there is a federal statute that would apply. Because there is no applicable federal statute, California procedural law applies to the Carneses’ fee motion. Because this is a diversity action, California substantive law also applies to the Carneses’ fee motion.

California’s Enforcement of Judgments Law (“EJL”) provides that a “judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment.” Cal.Civ.Proc.Code § 685.040. Recoverable costs may include attorney fees incurred in enforcing the judgment when, as here, the prevailing party was entitled to attorney fees in the underlying action pursuant to section 1717 of the California Civil Code. [1] See Miller v. Givens, 30 Cal.App.4th 18, 37 Cal.Rptr.2d 1, 2-3 (1994). The judgment creditor may seek to recover attorney fees incurred in enforcing a judgment by either filing a memorandum of costs or by serving a noticed motion. See Cal.Civ.Proc. Code §§ 685.070(b); 685.080(a). Under either section, the judgment creditor must request post-judgment attorney fees before the underlying judgment is fully satisfied. See Cal.Civ.Proc.Code § 685.070(b) (“Before the judgment is fully satisfied. ...”); Id. § 685.080(a) (“The motion shall be made before the judgment is satisfied in full....”).

The Carneses contend that the EJL does not apply here because it is limited to judgments of the State of California. See Cal.Civ.Proc.Code § 680.230 (defining “judgment” for purposes of the EJL as “a judgment, order, or decree entered in a court of this state”). In Duchek v. Jacobi, 646 F.2d 415, 417-19 (9th Cir.1981), we rejected the argument that the federal court was divested of jurisdiction to enforce its judgment when the controlling state statute required the action to proceed in a particular state court. In doing so, we observed that “ ‘state rules are to be applied in a common sense manner and those which make sense only where applied to state courts need not be imported into federal practice.’ ” Id. at 418 (quoting Anderson v. Tucker, 68 F.R.D. 461, 462-63 (D.Conn.1975)). It would not “make sense” to import the definition of “judgment” from the EJL into federal practice, and Rule 69(a) does not require that we do so.

[*1061] The Carneses also contend that the EJL does not apply here because California common law and section 1717 authorize an award of post-judgment attorney fees independent of section 685.040 of the EJL. This argument is not supported by California law. In California, the contractual right to attorney fees contemplated by section 1717 is extinguished upon satisfaction of the judgment. See Berti v. Santa Barbara Beach Props., 145 Cal. App.4th 70, 51 Cal.Rptr.3d 364, 369 (2006) (citing Chelios v. Kaye, 219 Cal.App.3d 75, 268 Cal.Rptr. 38, 40 (1990)). “Thus in the absence of express statutory authorization, such as that contained in the final sentence of Code of Civil Procedure section 685.040, post-judgment attorney fees cannot be recovered.” Id. We consider this holding dispositive of both Carneses’ statutory and common law claims for attorney fees. Any right the Carneses had under California law to recover attorney fees incurred in enforcing their judgment was dependent on section 685.040 of the EJL.

Because their right to recover post-judgment attorney fees is dependent on section 685.040, the Carneses were required to comply with the timeliness requirements for post-judgment attorney fee motions set forth in the EJL. Sections 685.070 and 685.080 require that a motion for fees incurred in enforcing a judgment be filed before the underlying judgment is fully satisfied. Because the Carneses filed their post-judgment fee motion after the underlying judgment was fully satisfied, the motion was untimely.

III.

For the foregoing reasons, the district court’s denial of the Carneses’ fee motion is AFFIRMED.

1

. Section 1717 of the California Civil Code allows for an award of attorney fees to a prevailing party in a contract action.