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.

519 Case Results
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Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (Apr. 23, 2018, B279198) [2018 Cal. App. Unpub. LEXIS 2724]

The client owns property in Rolling Hills, a community subject to a patchwork of covenants, conditions, and restrictions.  The defendants—the community’s homeowners association and several of its board members—took the position that a tree-trimming covenant applied to every property in the community, including the client’s. 

Wilson v. Southern California Edison Co. (2018) 21 Cal.App.5th 786

The plaintiff sued GMSR’s client, Southern California Edison, after renovations to her bathroom caused her to feel a slight tingle of electricity when she touched her showerhead, caused by neutral-to-earth voltage from a nearby Edison substation.  She won a $4 million jury verdict on multiple

Eleanor Licensing LLC v. Classic Recreations LLC (2018) 21 Cal.App.5th 599

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

Kanno v. Marwit Capital Partners II, L.P. (2017) 18 Cal.App.5th 987

In negotiations over the defendants’ purchase of the client’s family business, the client agreed to accept, as part of the purchase price, $2.5 million in stock of one of the acquiring companies—but he required that the defendants agree to redeem the stock at a fixed

In re Marriage of Wendelburg (Dec. 20, 2017, B270355) [2017 Cal. App. Unpub. LEXIS 8761]

In a marital dissolution action, the husband argued that the wife’s shares in a corporation she co-owned with her father were community property because the wife, GMSR’s client, acquired them during marriage and a corporate document stated that she had provided half of the consideration

Martinez v. Decurion Corp. (Dec. 1, 2017, B270616) [2017 Cal. App. Unpub. LEXIS 8209]

Martinez v. The Decurion Corp. (unpublished, 2d Civ. B270616):  A moviegoer tripped over a bench after being evacuated from a movie theater whose fire alarm was triggered by burnt popcorn.  The moviegoer sued the theater, GMSR’s client, for negligence.  She asserted several negligence theories, including

Prometheus Real Estate Group, Inc. v. Marazzo (Oct. 19, 2017, A143364) [2017 Cal. App. Unpub. LEXIS 7234]

Prometheus, a real estate developer, entered into an agreement with GMSR’s property-owner client that contemplated a residential development in Mountain View on the client’s property. Prometheus sued the property owner for breach of the implied covenant of good faith and fair dealing after the property

Advanced Air Management v. Gulfstream Aerospace Corporation (Sep. 6, 2017, B265723) [2017 Cal. App. Unpub. LEXIS 6133]

After GMSR’s client, Gulfstream Aerospace Corporation, performed maintenance on a business jet, the jet’s charter operator sued for breach of contract and negligence.   Gulfstream petitioned to compel arbitration, relying on the signed jet maintenance terms and conditions, which included a clause requiring arbitration under American

Topete v. Sutter Health Sacramento Sierra Region (Aug. 2, 2017, C074716) [2017 Cal. App. Unpub. LEXIS 5291]

Plaintiff brought a medical malpractice action against GMSR’s client, Sutter Health Sacramento Sierra Region, and several individual physicians.  She sought to hold Sutter Health liable for negligent hiring or retention of a physician.  The court of appeal affirmed summary judgment for Sutter Health.  It held

CRST, Inc. v. Superior Court (2017) 11 Cal.App.5th 1255

A truck driver allegedly caused an accident. Unbeknownst to his employer, he had a significant pre-employment history of alcohol and drug abuse and vehicle accidents. This was not discovered by a third-party which handled pre-employment screenings. The driver also had some minor accidents and speeding