Wins

Takahashi v. Snell & Wilmer LLP (Jan. 12, 2011, G041728) 2011 WL 96468 [California Court of Appeal, Fourth District, Division 3].  The Court of Appeal affirmed a judgment in favor of GMSR’s client, a law firm sued for legal malpractice, including the award of almost $1 million in unpaid legal fees on the law firm’s cross-complaint. Plaintiff had not testified at trial about a key set of facts, but he argued that the trial court erred by instructing the jury in accordance with CACI No. 203, which states that if a party provides weaker evidence when it could have provided stronger evidence, the jury could distrust the weaker evidence. The court found no prejudicial error and affirmed the judgment.