Business Litigation

Business litigants turn to GMSR when the stakes are high, whether it’s to preserve an important victory or to challenge an adverse decision.  GMSR has substantive experience in a range of fields including antitrust, bankruptcy, banking/lender liability, contract interpretation and enforcement, torts, trade secrets misappropriation, and unfair competition.  That experience, combined with GMSR’s outside-the-box thinking and persuasive writing, ensures appellate briefs that present its clients’ case in the strongest light possible.  Savvy clients also regularly bring GMSR in long before the appellate stage to draft dispositive motions, review proposed jury instructions and verdict forms, and advise on strategy with an eye toward appeal.

GMSR wins published reversal of defense judgment and remand for new trial of carrier’s $5 million fraud claim

Federal Insurance Company and GMSR client Truck Insurance Exchange were liability insurers for the same insured.  In a previous lawsuit, Federal sued Truck for reimbursement on the premise that Federal’s duty to defend under the insured’s excess policy depended on the exhaustion of the primary

Court of Appeal affirms judgment confirming arbitration award, holding that the appellant failed to provide a sufficient appellate record

GMSR’s client, Porch.com, is an online marketplace that connects homeowners with home-service providers.  Porch.com agreed to acquire Kandela, a moving services company, and the parties signed an acquisition agreement with an arbitration clause.  Eventually, Kandela claimed that Porch.com had committed fraud and the parties submitted

Court of Appeal reverses demurrer based on plea of abatement, allowing GMSR’s client’s lawsuit to proceed

The owner of a car dealership sued his former business partner, seeking to collect on a promissory note.  The former business partner sought to abate the action under Code of Civil Procedure section 430.10(c), arguing that it involved the same claims and parties as in

Porch.com, Inc. v. Kandela, LLC (Apr. 14, 2025, B326289) 2025 WL 1098243

Court of Appeal affirms judgment confirming arbitration award, holding that the appellant failed to provide a sufficient appellate record

Dechant v. Woodcock (Mar. 26, 2025, D085389) 2025 WL 914119

Court of Appeal reverses demurrer based on plea of abatement, allowing GMSR’s client’s lawsuit to proceed

Court of Appeal affirms defense verdict in $40 million case alleging false financial statements, finding no prejudice from claimed instructional error

GMSR’s clients sold their Mercedes dealership to plaintiffs for $100 million.  Several years later, plaintiffs sued, claiming that the financial statements the clients gave them were inaccurate and led them to overvalue the dealership’s good will by $40 million.  After the clients defeated plaintiffs’ fraud

First Motor Group of Encino, LLC et al. v. Encino Motorcars, LLC et al. (Mar. 10, 2023, B303094) 2023 WL 2445641

Court of Appeal affirms defense verdict in $40 million case alleging false financial statements, finding no prejudice from claimed instructional error

Court of Appeal reverses denial of alter ego motion

Code of Civil Procedure section 187 permits trial courts to disregard the corporate shield by amending judgments to include alter egos of the original judgment debtor.  Invoking section 187, GMSR’s client moved to add two individuals to a judgment against the individuals’ LLCs.  The trial

JPV I, L.P. v. Koetting (2023) 304 Cal.App.5th 550

Court of Appeal reverses denial of alter ego motion

Court of Appeal affirms judgment for GMSR’s client, ordering enforcement of its Beverly Hills ground lease through 2102

In 2003, GMSR’s client purchased the ground lease of a prime Beverly Hills commercial property.  The lease was set to expire in 2058, but after a few years the landlord agreed to extend it through 2123, in return for a $1.5 million up-front payment. Ten

Who We Serve

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

GMSR represents insurers on appeal effectively and efficiently.  We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.

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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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