Civil Procedure

Procedural issues create many traps for the unwary: Irregularities in trial court proceedings or ambiguous verdicts may require a new trial; failing to raise an objection in the trial court can foreclose appellate review of an issue; a settlement that purports to preserve the right to appeal can moot the appeal.  The list goes on and on.  GMSR is experienced in spotting procedural defects and navigating nuances that can be dispositive on appeal.  For that reason, trial counsel and clients often consult with GMSR’s appellate lawyers as a case progresses, in order to maximize their chances of success in an eventual appeal. GMSR’s appellate lawyers have also gotten appeals dismissed, revived litigation that should not have been dismissed, and successfully developed arguments for affirmance or reversal, all based on procedural issues.

Gordon v. Superior Court (Apr. 25, 2005, No. B180554) 2005 WL 948851 [nonpublished opinion]

$500,000 sanction against party without proper notice or statutory authority

Deloitte & Touche, LLP v. Superior Court (Jan. 25, 2005, G034895)

Discovery rule as applied to statute of limitations for accounting malpractice

McCormick-Gordon v. Cedars-Sinai Medical Center (Jan. 24, 2005, B172622) 2005 WL 236558 [nonpublished opinion]

Propriety of rejecting medical malpractice expert’s testimony on the basis of the expert’s lack of qualifications and his failure to provide a reasonable basis for his opinions

Jul 28, 2004 Related Cases
Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389

Appropriateness of trial court’s denial of trial continuance where a party’s attorney is engaged in another trial

Hancock v. Superior Court of Los Angeles County (June 21, 2004, B170831) 2004 WL 1376400 [nonpublished opinion]

Scope and effect of contractual waiver of right to jury trial; legal vs. equitable issues

Aug 19, 2003 Related Cases
Bray v. Cedars-Sinai Medical Center, 2003 Cal.App. Unpub. LEXIS 7844

Dismissal as discovery sanction

Jun 01, 2003 Related Cases
Yun v. Superior Court (2004) 2004 Cal. LEXIS 200

Service by publication of Chinese-language summons in Taiwan newspaper

Mar 06, 2003 Related Cases
Legesse v. Alta Bates Medical Center (Mar. 6, 2003, A099472) 2003 WL 773683 [nonpublished opinion]

Lack of standing to sue hospital re: purportedly-coerced abortion

Greines v. Ford Motor Co., Inc. (Jan. 7, 2003, B148400) 2003 WL 42524 [nonpublished opinion]

Summary judgment reversed in claim against automobile manufacturer for fraud and breach of warranty

Sep 30, 2002 Related Cases
Brown v. Regents of University of California (Sept. 30, 2002, C034381) 2002 WL 31160873 [nonpublished opinion]

Class certification denial; claim about hospital residents performing surgeries

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

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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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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