Court of Appeal adopts GMSR’s interpretation of Court’s earlier decision in favor of GMSR’s client

Bioquest Venture Leasing Co. v. VivoRx Autoimmune, Inc. (2012) 2012 Cal.App. Unpub. LEXIS 1293 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished]. This is GMSR’s second appellate victory in this case. In the first appeal, GMSR successfully argued for the reversal of a $2.5 million judgment on the basis of a statute of limitations defense. However, each side read the court of appeal’s disposition of the case differently, and moved for entry of judgment in its favor. Bioquest argued a theory regarding the accrual date of the statute of limitations that it had not argued in the original trial or in its prior appellate briefing—a theory that it claimed entitled it to collect the entire original judgment. GMSR’s clients argued, inter alia, that the appellate court intended the trial court to enter judgment for them and, in any event, that Bioquest could not raise its new theory at this late stage. The trial court adopted the arguments advanced by GMSR’s clients. Bioquest appealed. On the second appeal, the Court of Appeal held that the trial court had correctly interpreted the court’s prior decision regarding the limited scope of remand and that Bioquest had forfeited its newly-minted theory. The Court of Appeal also affirmed an award of attorneys’ fees for GMSR’s clients.