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.
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 (unpublished, 2d Civ.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
City of Los Angeles v. AECOM Services, Inc. (9th Cir. 2017) 854 F.3d 1149
This landmark preemption decision will benefit municipalities across the country. Two disabled persons sued GMSR’s client, the City of Los Angeles, under Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act (RHA), alleging that a bus facility was
Wind Dancer Production Group v. Walt Disney Pictures (2017) 10 Cal.App.5th 56
GMSR’s clients, the creators and producers of the hit television show Home Improvement, sued Disney for underpaying their profit participation. Disney obtained summary judgment on the basis of an “incontestability clause” in its contract with plaintiffs that, Disney claimed and the trial court found, absolutely
Nat’l Fire Ins. Co. of Hartford v. Great American Ins. Company (March 1, 2017, B264238) [2017 Cal. App. Unpub. LEXIS 1453]
Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions. Two insurers of a company in the distribution chain agreed to transfer control of (at least) that company’s defense to the insurer with greater policy limits. Years later, a jury found that
Melamed v. Cedars-Sinai Medical Center (Oct. 6, 2017, B263095) [2017 Cal. App. Unpub. LEXIS 6936]
A physician sued a hospital and some doctors, alleging that the summary suspension of his medical staff privileges was motivated by retaliatory animus. The Court of Appeal affirmed the dismissal of the suit under the anti-SLAPP statute. On the first prong, it held that the claims arose out of
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