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 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,

Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985

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,

The Ninth Circuit Affirms Attorney Fee Award Reducing Plaintiff’s Recovery In Light Of Her Limited Success

Plaintiff—who was improperly removed by County of Riverside social workers three days after she was born and then returned three days later—filed a Section 1983 putative class action, alleging thousands of other children had been wrongfully seized by the County.  Plaintiff engaged in extensive litigation,

A. A. v. County of Riverside (9th Cir. Mar. 18, 2022, No. 20-55960) 2022 WL 822187

Plaintiff—who was improperly removed by County of Riverside social workers three days after she was born and then returned three days later—filed a Section 1983 putative class action, alleging thousands of other children had been wrongfully seized by the County.  Plaintiff engaged in extensive litigation,

Oakes v. Progressive Transportation Services, Inc. (2021) 71 Cal.App.5th 486

Following a fender-bender, plaintiff was treated for minor injuries covered by workers’ compensation insurance.  Plaintiff nevertheless sued the other driver’s employer (GMSR’s client) for millions of dollars, and rejected a Code of Civil Procedure section 998 settlement offer.  The jury awarded plaintiff less than the

Court of Appeal Affirms Judgment For GMSR Client, Making New Law On The Interplay Of Two Statutes

Following a fender-bender, plaintiff was treated for minor injuries covered by workers’ compensation insurance.  Plaintiff nevertheless sued the other driver’s employer (GMSR’s client) for millions of dollars, and rejected a Code of Civil Procedure section 998 settlement offer.  The jury awarded plaintiff less than the

Court Of Appeal Reverses Attorney Fee Award Against GMSR Clients

Court of Appeal reverses attorney fee award against GMSR clients

Southern Cal. School of Theology v. Claremont Graduate University (May 3, 2021, B302452) 2021 WL1731232 [nonpublished opinion]

This was the second appeal arising from efforts by GMSR’s client, the Claremont Colleges, to enforce the buy-back terms of a 1957 land sale agreement with the Claremont School of Theology (CST). (See first appeal.) Although the Colleges prevailed overall, CST recovered fees for an

McKindra v. Tharaldson Financial Group, Inc. (Nov. 11, 2019, E069896) 2019 WL 6125912 [nonpublished opinion]

GMSR’s client, the defendant hotel, admitted negligence after plaintiffs were briefly exposed to bed bugs in their hotel room.  The jury returned a verdict awarding substantial compensatory damages and punitive damages on an intentional infliction of emotional distress claim for one plaintiff, and compensatory damages

Court of Appeal reverses compensatory and punitive damages and private attorney general fees in bed bug case

GMSR’s client, the defendant hotel, admitted negligence after plaintiffs were briefly exposed to bed bugs in their hotel room.  The jury returned a verdict awarding substantial compensatory damages and punitive damages on an intentional infliction of emotional distress claim for one plaintiff, and compensatory damages

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.

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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.

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BUSINESSES

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

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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.

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INDIVIDUALS

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

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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.

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