Arbitration, Mediation & Settlement

Arbitration, mediation, and/or settlement discussions may help resolve a dispute more quickly and efficiently than litigation, but the results often prompt litigation and appeals. When clients turn to these alternative dispute resolution techniques, GMSR helps them by recommending mediators or arbitrators, formulating strategy, and drafting briefs that persuasively lay out their position. GMSR also routinely represent clients in appellate proceedings related to alternative dispute resolution.

Advanced Air Management, Inc. v. Gulfstream Aerospace Corp., 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

GMSR obtains reversal of order denying its client’s arbitration petition.

Advanced Air Management, Inc. v. Gulfstream Aerospace Corporation, California Court of Appeal, Second District, Division Seven (Sept. 6, 2017, No. B265723, unpublished).  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.  

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”

GMSR successfully defends judgment enforcing settlement agreement

Martinez v. Southern California Edison Company (2016) 2016 Cal.App. Unpub. LEXIS 3945 (California Court of Appeal, Fourth Appellate District, Division Three) [unpublished]. The plaintiff was injured while trimming trees and sued GMSR’s client, Southern California Edison, and one of Edison’s subcontractors. When the subcontractor’s default

Martinez v. Southern California Edison Co., 2016 Cal.App. Unpub. LEXIS 3945

The plaintiff was injured while trimming trees and sued GMSR’s client, Southern California Edison, and one of Edison’s subcontractors. When the subcontractor’s default was entered, the plaintiff settled with Edison, but he retained the right to rescind the settlement if the Court of Appeal set

Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (2016) 244 Cal.App.4th 590

Court of Appeal reversed a $1.7 million judgment against GMSR’s client J-M Manufacturing Co., Inc.

Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899

California Supreme Court upholds the enforcement of a standard arbitration provision in auto dealers’ sales contracts

GMSR posts second California Supreme Court win in two weeks with opinion upholding the enforcement of a standard arbitration provision in auto dealers’ sales contracts

In Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899 (California Supreme Court), the arbitration clause in a standard auto purchase contract used by most California car dealers mandated: (1) arbitration before a single arbitrator on an individual basis, waiving any class action; (2)

Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413

Arbitrator’s authority to interpret underlying contract, arbitration agreement and arbitration rules

Court affirms $8 million arbitration award in favor of GMSR’s client

Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413 (Greenspan I) (California Court of Appeal, Second Appellate District, Division One). In an arbitration arising out of a real estate contract, GMSR’s client won an $8 million award. The defendants sought to vacate it on grounds that

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PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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