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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Berroteran v. Superior Court (Oct. 29, 2019, B296639) ___ Cal.App.5th ___ [2019 WL 5558830]

In a published decision that disagrees with a sister court decision, Wahlgren v. Coleco Industries, Inv. (1984) 151 Cal.App.3d 543 (Wahlgren), the Court of Appeal granted GMSR’s petition for writ of mandate and directed the trial court to vacate in limine orders that had excluded

Wood v. Sparks Enterprises LP (Oct. 2, 2019, G056181) 2019 WL 4854837 (nonpublished opinion)

Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk.  A jury found in favor of the property owner.  Plaintiff appealed,

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

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. 

Pacific Western Bank v. Audio-Visual Entertainment, Inc. et al., No. B278122, and Pacific Western Bank v. Far Out Productions Inc., et al., No. B278076

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment

Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 102

Plaintiff sued a general contractor for defective construction work at the Anaheim hotel she owned; the general contractor cross-complained against a group of subcontractors.  After settling with the general contractor, plaintiff substituted in as the real party in interest on the general contractor’s cross-complaint and

Padda v. Superior Court (June 11, 2018, E070522) __ Cal.App.5th__ [2018 Cal. App. LEXIS 607]

With trial less than two weeks away in this business dispute between physicians and a medical group, GMSR’s clients learned that a key expert witness had become seriously ill, required immediate surgery, and would be unavailable to testify for at least six weeks.  When the

Newland v. County of Los Angeles (2018) 24 Cal.App.5th 676

Plaintiff was injured in a car accident with a Los Angeles County deputy public defender who was on his way home from work. Although employers are generally not liable for accidents arising from an employee’s commute, the plaintiff sued GMSR’s client, the County, contending it