VCARD
Biography
Gary Wax, an appellate lawyer, represents a wide range of clients in civil appeals and in writ proceedings, including business owners, property owners, insurers, employers, public entities, film finance lenders, film producers, bankruptcy creditors, and trademark holders.
Gary also regularly provides assistance to trial counsel in proposing jury instructions and verdict forms and drafting dispositive motions and oppositions—all with a keen eye toward helping preserve the record for any future appeal. Gary takes pleasure in drafting targeted motions in limine that eliminate entire issues or experts from an adversary’s case.
Before joining GMSR as an appellate lawyer, Gary worked in the film industry as a creative executive, where he acquired distribution rights for feature films such as the Oscar-nominated City of God. Gary now uses his appreciation for effective storytelling to deliver persuasive briefs and arguments for clients seeking to uphold or reverse their trial court judgments in California state or federal appellate courts.
Gary’s top five favorite legal films of all time: 12 Angry Men, A Few Good Men, The Verdict, True Believer, and Primal Fear. Ask Gary about the rest of his top 500 movie rankings.
**📞Call or email Gary when you have ANY questions about how to file a civil appeal in California state court or the Ninth Circuit**
High-Impact Wins
Carachure v. Scott (2021) 70 Cal.App.5th 16
Clarified existing law regarding a court's power to (1) grant partial nonsuit on an affirmative defense and (2) unilaterally approve a settlement agreement
Carachure v. Scott (2021) 70 Cal.App.5th 16
Clarified existing law regarding a court's power to (1) grant partial nonsuit on an affirmative defense and (2) unilaterally approve a settlement agreement
The Court of Appeal opinion confirmed that (1) a trial court can, and should, grant a partial nonsuit where an opening statement unequivocally conceded facts constituting an element of an affirmative defense; and (2) a trial court can unilaterally approve a settlement agreement where the guardian ad litem refused to seek court approval of a validly accepted settlement.
Garcia v. Holt (2015) 242 Cal.App.4th 600
Made new law regarding the absence of a landlord's duty as to unknown dangerous activities in a rental unit
Garcia v. Holt (2015) 242 Cal.App.4th 600
Made new law regarding the absence of a landlord's duty as to unknown dangerous activities in a rental unit
The Court of Appeal held that absent knowledge of dangerous activities occurring in their rental unit during a tenancy, landlords have no duty to inspect the unit for dangerous bombmaking activities.
Brown v. Mid-Century Insurance Co. (2013) 215 Cal.App.4th 841
Made new law regarding the interpretation of the "sudden and accidental discharge" clause of an insurance policy
Brown v. Mid-Century Insurance Co. (2013) 215 Cal.App.4th 841
Made new law regarding the interpretation of the "sudden and accidental discharge" clause of an insurance policy
Rejecting the appellant’s so-called “metaphysical moment theory,” the Court of Appeal held that a water leak from a home’s plumbing system is not “sudden” where it continues constantly and gradually over a period of time, even if the first drip began at a single moment in time. Accordingly, a slow leak – even if commencing in a microscopically-measurable instant – is not covered by a first-party homeowners’ insurance policy providing water-damage coverage only where a leak is caused by a “sudden and accidental discharge” from a plumbing system.
Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486
Made new law regarding the application of alter ego liability
Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486
Made new law regarding the application of alter ego liability
The Court of Appeal held that (1) a judgment can be amended to add alter ego judgment debtors even where that alter ego prevailed on unrelated claims in an underlying arbitration and (2) alter ego liability applies equally to trustees of a trust.
Publications
Speaking and Involvement
Professional Associations
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