Our Team


Gabriel McWhirter


gmcwhirter@jarvisfay.com | 510.238.1403

Gabriel represents cities and other public agencies in litigation challenging local taxes, fees, assessments, and utility rates, including lawsuits brought under Propositions 26, 62, and 218. He has significant experience with class action refund cases, an area of growing exposure for public agencies. His practice extends to other aspects of local government law as well, including land use, Public Records Act, Brown Act, constitutional, and administrative law issues.

Gabriel received his J.D. from the University of California, Hastings College of the Law. Prior to joining Jarvis Fay, he worked as a law clerk in the Complex Litigation Department of the San Francisco Superior Court for two years.

Gabriel was recognized by “Super Lawyers” as a Rising Star in Northern California in 2018, 2019, 2020, and 2021. He has drafted several amicus briefs on behalf of the League of California Cities, serves as a member of Cal Cities’ Municipal Finance Committee, and is a contributor to the Finance and Economic Development chapter of the Municipal Law Handbook and Cal Cities’ Proposition 26 and 218 Implementation Guide.

Published decisions in which Gabriel played a lead role include:

  • Russell City Energy Company, LLC v. City of Hayward (2017) 14 Cal.App.5th 54 [utility user tax]
  • City and County of San Francisco v. Regents of University of California (2019) 7 Cal.5th 736 [parking tax]
  • National Lawyers Guild, SF Bay Area Chapter v. City of Hayward (2020) 9 Cal.5th 488 [Public Records Act fee – oral argument only]

Published decisions in which Gabriel prepared an amicus brief for the League of California Cities:

  • Wyatt v. City of Sacramento (2021) 60 Cal.App.5th 373 [utility transfer]
  • Daly v. San Bernardino County Board of Supervisors (2021) — P.3d — [appointment of public official]

Gabriel’s presentations and papers:

  • “Business License Tax on Internet Companies; Transient Occupancy Tax from Online Hotel Brokers and VRBO-type Web-Based Rentals,” League of California Cities, City Attorneys’ Spring Conference, May 8, 2014.


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