In Published Opinion, Court Of Appeal Upholds GMSR Client’s Right To New Trial

Plaintiff sued GMSR’s clients for wrongful foreclosure after they purchased a real property loan on which plaintiff had defaulted. The matter proceeded to a judicial reference, which resulted in a determination by the referee that GMSR’s clients were liable for millions in both compensatory and punitive damages. Before the referee’s decision could be entered in the trial court, GMSR’s clients successfully moved in the trial court for a new trial—specifically requesting that the new trial be held by the trial judge, not the referee.

In a published opinion, the Court of Appeal agreed with plaintiff that the trial court should have entered judgment on the referee’s findings before entertaining the new trial, but more significantly agreed with GMSR’s argument that the trial court properly granted a new trial before the trial judge, not before the referee.

Court of Appeal Opinion – View Document