Attorney Fees Litigation

In an era of spiraling litigation costs, the recovery of attorney fees for a client – or resistance to a potential fee claim – can become a multi-million dollar challenge.  State and federal laws governing recovery of attorney fees, and the calculation of a reasonable amount, add layers of complexity and risk.  In some cases, where the law provides for fee shifting, attorney fees can even outstrip the amount at issue in the underlying litigation.  For over 30 years, GMSR’s appellate lawyers have counseled clients concerning fee claims, and successfully litigated fee issues, from trial courts to the California Supreme Court.

Court of Appeal reverses rulings shortening time to file attorney fee motion and denying motion as untimely

GMSR’s client tentatively agreed to a settlement for a fixed amount, plus attorney fees to be resolved via motion.  After the parties notified the trial court about their tentative settlement, the court set a hearing on an order to show cause regarding dismissal.  The court

Javidian v. Subaru of America, Inc. (Feb. 16, 2024, B322136) 2024 WL 653239 [nonpublished opinion]

Court of Appeal reverses rulings shortening time to file attorney fee motion and denying motion as untimely

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

After a motor vehicle accident, plaintiff sued both the driver and his employer seeking $10 million in damages.  When plaintiff propounded requests for admissions, defendants denied that the driver employee was negligent and that his negligence caused plaintiff some harm.  Plaintiff rejected defendants’ pre-trial Code

Conrado v. CLS Landscaping Management, Inc., et al. (Nov. 27, 2023, D081551) 2023 WL 8178728 [nonpublished opinion]

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

GMSR secures twin appellate victories enforcing the right to attorney fees under the Mobilehome Residency Law

California’s Mobilehome Residency Law (MRL) guarantees attorney fees and costs to prevailing parties in any action arising under that statute, including an action to enforce the MRL right to take free-and-clear title to property at a court-ordered sale.  GMSR’s client, mobilehome park owner Canyon View,

Canyon View Limited v. Nationstar Mortgage LLC (Oct. 26, 2023, B312642) 2023 WL 7037437 [nonpublished opinion]

GMSR secures win enforcing the right to attorney fees under the Mobilehome Residency Law

Canyon View Limited v. Bank of America, N.A., et al. (Oct 26, 2023, B312259) 2023 WL 7036287 [nonpublished opinion]

GMSR secures win enforcing the right to attorney fees under the Mobilehome Residency Law

GMSR secures reversal of “arbitrary” attorney fee award

GMSR’s client sued a loan servicer for quiet title and related claims, alleging the loan servicer recorded documents that interfered with the client’s right under the Mobilehome Residency Law (MRL) to take free-and-clear title to property at a court-ordered sale.  The parties stipulated to a

Canyon View Limited v. Lakeview Loan Servicing, LLC (Aug. 30, 2022, B311313) 2022 WL 3754474 [nonpublished opinion]

GMSR secures reversal of “arbitrary” attorney fee award

Court of Appeal affirms attorney fee rulings favorable to GMSR’s client, and finds appellant forfeited his merits argument

As part of enforcing a judgment, a bank levied on the judgment debtor’s individual retirement account.  The debtor did not file a timely claim of exemption—and when the institution holding the account asked the trial court for directions on whether to comply with the levy,

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

Read More
INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

Read More
BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

Read More
TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

Read More
INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

Read More
COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

Read More