JOHN A. MENDEZ, District Judge.
This matter is before the Court on Defendants County of Solano and Solano County Sheriff's Department's (collectively, "Defendants") Motion for Attorneys' Fees or Sanctions (Doc. #26). Plaintiff Michael Oster ("Plaintiff") opposes the motion (Doc. #29) and Defendants replied (Doc. #31).
The facts are well known to the parties and therefore the following is only a brief summary of the procedural history giving rise to Defendants' motion. Plaintiff sued Defendants alleging civil rights violations under
Defendants contend that they are entitled to fees or sanctions under (1) 42 U.S.C. § 1988, (2) 28 U.S.C. § 1927, and (3) the Court's inherent power, because Plaintiff's decision to file an amended complaint unreasonably multiplied proceedings. Plaintiff opposes Defendants' motion, arguing that Plaintiff did not multiply the proceeding and his claims are not frivolous. Plaintiff also argues that Defendants' motion does not comply with Local Rule 293(c) and that Defendants' motion should be stayed until Plaintiff's Ninth Circuit appeal is decided on its merits; however, the Court does not find it necessary to address either of these arguments.
Normally, "a district court may in its discretion award attorney's fees to a prevailing defendant [pursuant to 42 U.S.C. § 1988] upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith."
The crux of Defendants' general argument for attorneys' fees is that Plaintiff's "decision to file an amended complaint unreasonably multiplied proceedings, increased the cost to the County of defending against the action, and was unreasonable and vexatious." Mot. at 8. In particular, Defendants seek recovery of fees caused by Plaintiff's decision to file a FAC without the June 2010 letter that Plaintiff alleged existed. Reply at 2. However, as the Court noted in its Order, both parties agreed that at that stage, Plaintiff was not required to attach the letter to the complaint. Order at 7-8. Therefore, the Court cannot infer bad faith or find that Plaintiff's decision not to attach it was unreasonable. Moreover, Plaintiff only filed one amended complaint within one year of filing the original complaint, which the Court gave Plaintiff leave to file.
Accordingly, the Court finds that Plaintiff's actions were not frivolous, unreasonable, or without foundation to warrant attorneys' fees under § 1988.
Under 28 U.S.C. § 1927, "[a]ny attorney . . . who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct." 28 U.S.C. § 1927. Section 1927 sanctions must be based on a finding of subjective bad faith.
Defendants argue that sanctions are warranted because Plaintiff made frivolous amendments to pleadings to constitute reckless multiplication of the proceedings sufficient to impose a costs award under § 1927. They rely on two cases from the Ninth Circuit,
For the reasons mentioned above, the Court cannot infer bad faith from Plaintiff's decision not to attach the June 2010 letter. In addition, this case is distinguishable from
Accordingly, the Court finds that Plaintiff has not acted in bad faith to warrant sanctions pursuant to § 1927.
A court may award sanctions pursuant to its inherent powers.
For the reasons set forth above, Defendants' motion for attorneys' fees or sanctions is DENIED.
IT IS SO ORDERED.