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.

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

Court of Appeal reverses attorney fee award against GMSR clients

Regueiro v. FCA US, LLC (Nov. 19, 2020, B301772) 2020 WL 6792378

GMSR preserves attorney fee award in Song-Beverly Act case

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

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

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

Court of Appeal affirms damages and fee awards in favor of real estate developers and rejects neighboring homeowners association’s million-dollar counterclaim.

GMSR’s clients acquired four parcels of land and began developing residential homesites—a process that requires frequent pre-development visits by multiple contractors.  Because the land was not adjacent to public streets, the developers and their visitors accessed it by driving through a guarded gate and then

Millennium-Diamond Road Partners, LLC v. Diamond Bar Country Estates Association (Sept. 25, 2019, B285539) 2019 WL 4635158

Court of Appeal affirms damages and fee awards in favor of real estate developers and rejects neighboring homeowners association’s million-dollar counterclaim

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (Apr. 23, 2018, B278198) 2018 WL 1905035

GMSR succeeds in reviving its client’s lawsuit and reversing a quarter-million dollar attorney fee award that had been entered against him

Rice v. Downs (2016) 248 Cal.App.4th 175

The Court of Appeal adopted GMSR’s narrow interpretation of the intended scope of arbitrable claims and reversed the order compelling arbitration

Dec 22, 2015 Related Cases
Dromy v. Assil (Dec. 22, 2015, B259489) 2015 WL 9311777

Adopting arguments urged by GMSR, the Court of Appeal affirmed the judgment and ordered that its client recover additional attorney fees

May 23, 2011 Gary J. Wax Related Cases
Martinez v. Los Angeles County Metropolitan Transportation Authority (2011) 195 Cal.App.4th 1038

Creating a new “bright-line rule” under Code of Civil Procedure section 998, Court affirms denial of attorney fee award to opponent of GMSR’s public entity client

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

GMSR represents insurers on appeal effectively and efficiently.  We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.

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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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