Shirley A. Gauvin
Shirley A. Gauvin
Shareholder, Senior Counsel, San Diego
Formerly: Bartender
Education
  • B.S., Public and Environmental Affairs, Indiana University;
  • B.S., British & American Social Policy, University of Kent;
  • J.D., Maurer School of Law, Indiana University.

I am a graduate of the Stokes Wagner’s first summer associate class, where I ranked high by the partners in categories including “Most Likely to Pass the Bar on the First Try” and “Most Likely to Bring Midwestern Work Ethic to SoCal.” That was twenty-seven years ago.  Shortly after moving from Indiana (yes, I can tell you what a “Hoosier” is), I fell in love with the California shoreline, fish tacos and the indisputable truth that Californians share a strong work ethic with Midwesterners—they just dress more casually.

After several years juggling both trial and appellate litigation, I was certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Appellate Law. For the past twenty years, I’ve worked with trial lawyers to develop the most creative and effective means of sharing our client’s written story with the jury or court of appeal. I believe that the most persuasive writing is honest writing, and that there is no substitute for hard work and focused preparation. I am a firm believer that smart, reliable and friendly are a winning combination. My advocacy is direct, accurate and efficient – just because the court gives us 14,000 words doesn’t mean we have to use them all. I know the value of a dollar (including yours), am honest and forthright, and boldly defend our client’s cause as my own. In my legal practice as well as my life in general, I strive to always let my actions speak louder than my words.

In my free time, I hold leadership positions in several local athletic associations. My kids alone make up half a water polo team! I enjoy hiking, kayaking, SUPing and all kinds of water sports with my husband and three girls.  Whether we’re in the ocean, the mountains or the lake, my happiest place is being where they are when the sun sets.

Ever wonder if you can recover litigation costs in employment cases? On August 15, 2017, in Sviridov v. City of San Diego, the court made it clearer for employers.

Two years ago, in Williams v. Chino Valley Independent Fire Dist., the Supreme Court explained that prevailing employers in employment cases can generally only recover costs if the employee’s action was objectively without foundation – an extraordinarily high standard. However, Williams was not asked to consider and did not answer the question of whether costs may properly be awarded in a FEHA action pursuant to a Section 998 offer. That issue was before the court in Sviridov.

Sviridov holds that a Section 998 offer creates economic incentives for both parties to settle rather than try lawsuits. Litigation costs are awarded to an employer if a plaintiff is not awarded damages more than the Section 998 offer, even if the case objectively had foundation.

What does this mean for you? Majority of employment cases are brought under FEHA. In these cases, it can be beneficial for employers to make reasonable Section 998 offers during litigation. Contact Stokes Wagner if you have any questions.

For more legal updates, check out our update for September 2017!