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.
Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties
Over the course of a 30-year marriage, the wife worked as an independent contractor for a business owned by her husband (GMSR’s client). During divorce proceedings, the wife claimed the husband had breached his spousal fiduciary duty by taking excessive withholdings from her separate property
In re Marriage of Wiese (2024) 102 Cal.App.5th 917
Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties
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
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
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
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
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
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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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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