Wins

GMSR has a stellar track record and reputation as writs and appeals attorneys. Below is a sample of recent wins for our clients.

Court of Appeal affirms that a homeowner’s non-specific request to an insurance agent to cover “everything in the house” creates no duty requiring the agent to advise the insured about the inadequacy of their jewelry coverage

A homeowner sought insurance coverage for his $9.5 million home in Los Angeles.  He advised an insurance agent for Fire Insurance Exchange that he wanted a policy that covered “everything in the house, fully and completely.”  The agent said “okay.”  Fire issued a homeowner’s policy

Court of Appeal affirms ruling prohibiting homeowners association from cutting mature trees on GMSR’s client’s property

GMSR’s client owns property within the Rolling Hills Community Association (RHCA).  The area was developed over decades, and the developers recorded a series of restrictive declarations bringing additional tracts into RHCA.  Some early declarations contained a “tree cutting covenant” allowing RHCA to enter private property

California Supreme Court: GMSR’s consumer client is entitled to full statutory restitution under California’s lemon law—without offset

GMSR client Lisa Niedermeier gave the manufacturer of her defective Jeep Wrangler more than a dozen chances to fix the vehicle before asking the manufacturer to buy it back under California’s Lemon Law, the Song-Beverly Act.  The manufacturer refused her buy-back request, willfully violating the

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

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

Court of Appeal affirms summary judgment for GMSR’s City client, finding no dangerous condition of public property

A drunk driver collided with a boy crossing a marked crosswalk in Glendale.  The boy and his brother settled their claims against the driver and sued the City of Glendale, alleging that the crosswalk was a dangerous condition of public property.  The trial court granted

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,

Court of Appeal reverses judgment, ordering Proposition 51 apportionment retrial

GMSR’s landlord client invited a guest to visit her property.  During the visit, a dog attacked the guest and she sued the landlord for negligence.  At trial, the landlord presented evidence that her tenant owned the dog and was therefore strictly liable to the plaintiff

Court of Appeal affirms summary judgment, holding that insurance policy does not cover infringement of models’ rights of publicity

GMSR’s insurer client issued a commercial general liability (CGL) policy to a nightclub.  Club employees obtained various models’ photographs and used them in social media posts promoting the club.  The models’ rights-management company sued the club, alleging that it had used the photographs without permission

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR’s clients leased a vehicle that proved to be a lemon and sued the manufacturer under California’s lemon law, the Song-Beverly Act.  The manufacturer sent the clients a Code of Civil Procedure section 998 settlement offer, and they accepted.  Under the settlement agreement, the manufacturer

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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