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.
Rice v. Downs (July 23, 2019, B286296) 2019 WL 3297150 (nonpublished opinion)
Several years ago, in Rice v. Downs (2016) 248 Cal. App. 4th 175, the Court of Appeal vacated an arbitration award against GMSR’s client, finding that his claims for legal malpractice against his lawyer/business partner were not covered by the parties’ arbitration agreement. These included a claim
Daniels v. Southern California Edison Co. (No. E069183, July 8, 2019) 2019 WL 2912505
A firefighter was electrocuted when he touched the firetruck he was working on at the same time his crewmember rotated the truck’s aerial ladder into a 25-foot-high power line owned by GMSR’s client, Southern California Edison. The firefighter sued, alleging that Edison negligently failed to
FOROUGH ETELAEI, as Trustee, et al., v. FIRST GENERAL BANK (Cal. Ct. App., June 18, 2019, No. B287186) 2019 WL 2511405
The issue on appeal was whether evidence of the homeowner’s execution of a written agreement with a third party ratified the third party’s previously unauthorized execution of a trust deed on her home. Since a trust deed must be in writing, under the “equal dignities
Bleich v. Bleich (June 17, 2018, B287236) [nonpub. opn.].
Relying on Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, plaintiffs sued their uncle, GMSR’s client, in civil court for intentionally interfering with their expectation of inheritance. They claimed their uncle intentionally exerted undue influence over his parents and interfered with his mother’s desires to leave
Coastline RE Holdings Corp. v. Cunningham (No. C076994, June 7, 2019). (Westlaw: 2019 WL 2402272)
An LLC obtained a loan and its principal personally guaranteed repayment. Later, the lender entered FDIC receivership, and the FDIC sold all of its assets, including the loan, to another bank. After the borrower-LLC defaulted, the successor bank sued to enforce the guaranty. The guarantor
Branca v. El-Amin (Cal.Ct.App., May 16, 2019, No. B282375) 2019 WL 2136114
Four people claimed that Michael Jackson promised them 15% of The Michael Jackson Company in a middle-of-the-night meeting in 2006. After a long bench trial, the probate court rejected those claims on multiple grounds and confirmed that Jackson wholly owned the company. The Court of
Himelsein Mandel Fund Management, LLC et al. v. Fortress Investment Group, LLC et al. (Cal. Ct. App., Mar. 28, 2019, No. B281210) 2019 WL 1395963.
GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding. The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans. The trial court rejected the clients’ demand for a jury.
United Farmers Agents Association, Inc. v. Farmers Group, Inc. (2019) 32 Cal.App.5th 478
An insurance agent trade association sued seeking a declaration that GMSR’s insurance company client can only discipline or terminate its agents for cause (which did not include how the agency was operated) and asserted that the governing Agency Appointment Agreements were unconscionable in allowing either
O’Gara Coach Company, LLC v. Ra (Jan. 7, 2019, B286730) ___Cal.App.5th___ [2019 WL 117220]
Before he became an attorney, the principal attorney in the law firm now representing a former employee against his employer was the employer’s president and chief operating officer. He supervised outside attorneys conducting an investigation of the conduct that led to the employee’s dismissal. The
Pryor et al. v. Fitness International, LLC (Jan. 3, 2019, No. B287329) [2019 Cal. App. Unpub. LEXIS 48]
An employee of GMSR’s client, a health club, took heroin during his work-shift. Finding him no longer fit to perform his job, the health club’s manager ordered him to leave the premises. The intoxicated employee then drove away from the club striking and mortally injuring
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