Gilbert v. Master Washer & Stamping Co.

In the published portion of this case we hold a lawyer represented by other members of his law firm is entitled to recover reasonable attorney fees where the representation involved the lawyer’s personal interests and not those of the firm.

Facts and Proceedings Below

This case arises out of the landlord-tenant relationship between appellant Arthur Gilbert and respondent Master Washer & Stamping Co., Inc. However, this appeal focuses on postjudgment orders regarding attorney fees and costs, and does not concern the merits of the parties’ underlying claims against one another.

Gilbert filed a complaint against Master Washer, Los Angeles Superior Court case No. BC141326, on December 22, 1995, seeking damages for breach of lease, and attorney fees pursuant to the lease between the parties. Master Washer later filed a complaint in a separate action, Los Angeles Superior Court case No. BC142051, seeking damages for breach of contract and conversion of its property by Gilbert. Master Washer’s complaint also named Gilbert’s attorney, appellant David Gernsbacher, as a defendant based on his alleged role in preventing Master Washer from recovering its property from the leased…