EDMUND OLSON V. HAN PHUA, No. 12-17180 (9th Cir. 2014)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 01 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDMUND C. OLSON, as Trustee of the Edmund C. Olson Trust No.2, U/A Dated August 21, 1985, No. 12-17180 D.C. No. 1:10-cv-00691-ACKRLP Plaintiff - Appellee, MEMORANDUM* v. HAN KAMAKANI PHUA; ABEL SIMEONA LUI, Defendants - Appellants. Appeal from the United States District Court for the District of Hawaii Alan C. Kay, District Judge, Presiding Submitted July 22, 2014** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). costs. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion an award of attorney s fees, and 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. 2 12-17180

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.