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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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

Los Angeles County Bd. of Supervisors v. Superior Court (2016) 2 Cal.5th 282

In a 4-3 decision in Los Angeles County Board of Supervisors v. Superior Court (ACLU) the California Supreme Court agreed with GMSR’s client in holding that everything in attorney invoices in pending cases, including aggregate amounts charged to a client, are protected by the attorney client

Malbrue v. Cty. of Los Angeles (Dec. 14, 2016, B264115) [2016 Cal. App. Unpub. LEXIS 8977]

Plaintiff sued for the wrongful death of his father who died while in police custody.  The court granted summary judgment for GMSR’s client, the County of Los Angeles, after plaintiff failed timely to introduce an expert declaration in opposition to the motion.  Plaintiff filed a

Rice v. Downs (2016) 247 Cal.App.4th 1213

An LLC member brought suit alleging that another member (an attorney) had breached his fiduciary duty and committed legal malpractice.  The trial court ordered those claims to arbitration pursuant to an arbitration provision in the LLC’s operating agreement, which required arbitration of all claims “arising out of”

Santa Clarita Organization for Planning & Environment v. Castaic Lake Water Agency (2016) 1 Cal.App.5th 1084.

In a published opinion, Division 2 of the Second DCA upheld the right of GMSR’s client, the Castaic Lake Water Agency, to acquire all of the stock of a privately held water company via inverse condemnation, and rejected the contention that the transaction violated various

Michelson v. Proskauer Rose, LLP (June 24, 2016, B259013) [2016 Cal. App. Unpub. LEXIS 4701]

GMSR’s client sued a law firm for fraud, breach of fiduciary duty and legal malpractice, based upon the firm’s issuance of opinion letters regarding purportedly tax-advantaged investments that the Internal Revenue Service later determined were illegal. GMSR’s client asserted the attorney-client privilege as to his

Figueroa v. County of Los Angeles (9th Cir. 2016) 651 Fed.Appx. 709

In an action alleging excessive force arising out of an incident in the Visitor’s Center of the Men’s Central Jail, the Ninth Circuit vacated a default judgment against one of two GMSR clients involved in the appellate proceedings, a supervising sergeant, and vacated the attorney