California Appellate Tracker

Chicken Ranch Rancheria of Me-Wuk Indians v. California, 42 F.4th 1024 (9th Cir. 2022)

May 2, 2023

On federal law claims, the prevailing party may recover its attorney fees only if federal law so provides. Here, plaintiff prevailed on claims under the federal Indian Gaming Regulatory Act. Neither that act nor any other federal law permits an attorney fee award on such a claim. Plaintiff could not recover fees allowed under state law, such as CCP 1021.5. Independent Living Center of Southern California, Inc. v. Kent (9th Cir. 2018) 909 F.3d 272 was distinguishable as there the federal court exercised federal question jurisdiction over a state law claim under Grable & Sons Metal Prod., Inc. v. Darue Eng’g & Mfg. (2005) 125 S.Ct. 2363. Here, the federal court exercised federal question jurisdiction over a federal law claim.

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California Appellate Tracker

Chicken Ranch Rancheria of Me-Wuk Indians v. California, 42 F.4th 1024 (9th Cir. 2022)

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