Cases

GMSR has an enviable record of success on appeal. For your convenience, the firm has provided a simple search tool for guests and clients to search that record.

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Banc of California National Association v. Federal Insurance Company (9th Cir. Dec. 12, 2022, No. 21-56179) 2022 WL 17583056

This dispute stemmed from a forgery insurance policy that the defendants carrier issued to GMSR’s client, a bank.  After purchasing the Policy, the bank made a fifteen-million-dollar loan in reliance on a document later determined to be forged.  After the bank contacted its forgery insurer

Figueroa v. FCA US, LLC (2022) 84 Cal.App.5th 708

A jury found defendant manufacturer FCA US, LLC to be in willful violation of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790, et seq.), when it refused to repurchase or replace a defective Dodge Ram truck.  The truck owner was forced to sell the

Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828

Plaintiffs sued defendant Nissan North America, Inc., alleging the transmission in a 2013 Nissan Sentra they purchased was defective.  In their complaint, plaintiffs asserted statutory claims under the Song-Beverly Consumer Warranty Act (Song-Beverly Act) (Civ. Code, § 1790 et seq.) and a common law fraud

Campbell v. Budd (Oct. 18, 2022, B306687) 2022 WL 10252427 [nonpublished opinion]

A twelve-year-old child walked into a sliding glass door at a vacation rental and suffered significant injuries when the glass shattered.  The child and her parents sued the landlords for premises liability and negligence, alleging that they had failed to maintain their property in a

Beaudreau v. Burnham USA Equities, Inc. et al. (Aug. 23, 2022, G059971) 2022 WL 3593351 [nonpublished opinion]

Plaintiff was injured in a strip-mall walkway when a mall patron pulling into a perpendicular parking space pressed the accelerator instead of the brake, causing the vehicle to jump a concrete wheel-stop and curb. In his personal injury suit against the mall owner, plaintiff alleged

Friend of Camden, Inc. et al. v. Brandt (2022) 81 Cal.App.5th 1054

GMSR’s clients own a combined 50% interest in a limited liability company (LLC).  Following years of dissension with the holders of the remaining 50% interest, one of GMSR’s clients sued for a decree of judicial dissolution.  The holders of the opposing 50% interest filed a

2022

Joseph Bui

Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824

A tort defendant moved pre-trial to transfer the case from San Francisco superior court to San Diego superior court for the “convenience of the witnesses” under Code of Civil Procedure section 397, subdivision (c).  He argued that most of the witnesses were based in San

Palomar Health v. American Guarantee and Liability Insurance Company (9th Cir. July 28, 2022, No. 21-56073) 2022 WL 3006356 [mem. disp.]

A California-based healthcare facility operator sued its insurance carrier after the carrier denied coverage for the facility’s alleged Covid-19-related losses.  Like dozens of other unsuccessful Covid-19-era lawsuits against insurance carriers, it alleged “direct physical loss of or damage” to its property from the presence of

Meiri v. Shamtoubi (2022) 81 Cal.App.5th 606

A trust beneficiary filed and litigated a trust contest, despite multiple warnings that the contest was barred by Probate Code section 16061.7’s 120-day deadline and that if the trust beneficiary continued to press the contest, her interest in the trust would be invalidated under the

Quintero v. Ford Motor Company (9th Cir. July 21, 2022, No. 20-55883) 2022 WL 2869771

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double