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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Ferra v. Gilmore (Aug. 20, 2021, B303592) 2021 WL 3700420 [nonpublished opinion]

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

Johnson v. Williams (July 7, 2021, C088920) 2021 WL 2819851 [nonpublished opinion]

GMSR’s client admitted negligence arising out of a low speed rear-end collision, but denied that plaintiffs suffered any resulting damages.  The Court of Appeal affirmed the jury’s judgment of no damages, and rejected the claim that the trial court abused its discretion by allowing questions

Varney v. Goodyear Tire & Rubber Company (9th Cir. 2021) 838 Fed.Appx. 777816

Plaintiff’s attorney in this asbestos case presented a declaration just before plaintiff’s death, purporting to identify the manufacturers of products he was exposed to decades earlier. Plaintiff signed the document the day before he died. The Ninth Circuit held that the document did not fit

Morgan v. J-M Manufacturing Co., Inc. (2021) 60 Cal.App.5th 1078

GMSR convinced the Court of Appeal to reverse a $15 million punitive damages award against GMSR’s client in a case involving alleged exposure to asbestos-cement pipe. The Court of Appeal rejected plaintiffs’ argument that there was an exception to the “officer, director, or managing agent”

B.Q. v. Mesa Union School Dist. (Cal.App., Dec. 2, 2020, No. B303351) 2020 WL 7052293 [nonpublished opinion]

On the heels of a Ninth Circuit victory relating to the same events, the Court of Appeal affirmed the trial court’s dismissal of a student’s discrimination claim for failure to comply with the Government Claims Act. Deciding an issue of first impression, the Second District

Mata v. Liberty Utilities (Cal.App., Nov. 19, 2020, B293479) 2020 WL 6792382 [nonpublished opinion]

Plaintiff claimed take-home asbestos injury from his father’s job at GMSR’s client, a water utility, where the father occasionally cut asbestos pipe. The jury awarded compensatory and punitive damages. The trial court struck the punitive damages on the ground that there was no evidence that

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130

Plaintiff had an at-will contract with a non-party to develop a drug based on a certain active ingredient.  Defendant Biogen reached its own deal with that non-party to settle patent disputes and to license the same active ingredient—requiring that the at-will contract with Plaintiff be

Hishmeh Enterprises, Inc. v. City of Porterville (June 22, 2020, F074356, F074357, F077323) 2020 WL 3410926 [nonpublished opinion]

Plaintiffs were struck by a car while crossing a street near an inoperative streetlight. GMSR’s client, Southern California Edison, serviced the streetlight. Plaintiffs sued, alleging that Edison was negligent in allowing the light to be off. On summary judgment, the trial court ruled that Edison

Moore v. Teed (2020) 48 Cal.App.5th 280

GMSR won a published decision for our tech-executive client, following his win at trial against a deceitful real estate agent.  The agent’s appeal conceded liability for misleading our client into a major purchase-renovation deal on false pretenses—but he attacked all the remedies.  He said the

Picazzo v. C.W. Driver, Inc. (Feb. 28, 2020, B289070) 2020 WL 967087 [nonpublished opinion]

GMSR’s client, a workers’ compensation carrier, paid benefits to an injured employee of its insured, a security company. The employee sued others for negligence, including the university where he had been assigned to work for a number of years. The jury found the university at